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This is a short response to a recent essay by Omri Ben-Shahar ("A Bargaining Power Theory of Default Rules," 109 Colum. L. Rev. 396 (2009)). It is part of a broader forthcoming analysis of contract interpretation.Professor Ben-Shahar argues that evidence of bargaining power should inform courts...
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In this Article, the author argues that differential sentencing of criminal defendants who plead guilty and those who go to trial is, primarily, a punishment for the defendant exercising the right to trial. The proposed solution requires an analysis of the differential sentencing motivation in...
Persistent link: https://www.econbiz.de/10013159402
Negotiations to restructure sovereign debts are protracted, taking on average almost 8 years to complete. In this paper … document that these negotiations are also ineffective in both repaying creditors and reducing the debt burden countries face … indebted than when they entered default. To explain this apparent large inefficiency in negotiations, we present a theory of …
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