Showing papers in "International Review of Law and Economics in 1999"

TL;DR: In this article, the authors analyze how social norms are enforced and how they are created or modified, and conclude that the difficulty of predicting the effect of such action limits its feasible scope.

TL;DR: In this article, the authors examined the effects of legal institutions on the general protection of political rights and on the protection of one discrete right, namely, freedom from unreasonable search and seizure.

TL;DR: In this paper, the role played by fee income diversification and the enhancement, through disclosure rules, of market incentives to diversify, and the most efficient mix of services and corresponding quality safeguards.

TL;DR: In this paper, the authors explore the simultaneous use of regulation and liability under different assumptions about how the two instruments are administered, and show that the consequences of the instruments are not necessarily independent of each other.

TL;DR: In this article, a policy combining contract, tort, and antitrust law is proposed to regulate parallel imports in the United States, where the authors argue that trademark exclusion of parallel imports indiscriminately eliminates intrabrand competition and should be scrutinized from an antitrust perspective.

TL;DR: The literature has generally not provided consistent evidence of any particular source of direct deterrence due to the probability and/or severity of punishment for driving under the influence (DUI).

TL;DR: In this article, the authors show that in a dynamic setting, a willingness to sink costs can be a strategic advantage when seeking to establish the credibility of threats, and that this can be the case for cost-bearing contingent fee lawyers who, through such hard bargaining, may increase the settlement offers they receive from defendants.

TL;DR: The authors examined how financial penalties for social damages can be structured to mitigate judgment-proof problems, where a producer has insufficient wealth to compensate victims for the most serious damages that can arise from his activities, and showed that a policy in which assessed penalties are decoupled from realized damages generally generates greater social surplus than does a policy of compensatory damages.

TL;DR: In this paper, the authors provide a preliminary and tentative look at the changing world of law with the emergence of Cyberspace from the perspective of the economic approach to law, and describe the law and economics movement as comprising three generations, which can be perceived as separate paradigms of sorts: the traditional Chicago School economic analysis of law; transaction cost analysis; and neoinstitutional economic analysis for law and of legal institutions.

TL;DR: In this article, the authors investigate the socially optimal level of litigation given its expense, and how does it compare to the privately determined level of legal activity generally differ, and the reasons involve two fundamental types of externality.

TL;DR: It is found that asymmetric information (AI) does exist in cases that proceed to a decision, in contrast to recent work by Waldfogel (1998), who finds that theories based on random optimism (RO) explain trial data better than AI.

TL;DR: In this article, the effects of alternative remedies for breach on ex ante precaution and reliance decisions were analyzed in a contractual situation where breach is inadvertant rather than deliberate, and it was shown that neither the expectation measure nor the reliance measure of damages induces efficient precautions and reliance.

TL;DR: In this paper, the use of ex post liability to regulate unilateral accidents was studied and an optimal damage-contingent legal rule was shown to take a threshold form, assessing maximal liability when ex post damages are above a given threshold and zero liability otherwise.

TL;DR: In this paper, the authors focus on a specific aspect of liability insurance that arises out of the latent nature of certain insured events, in particular the fact that in the interval between the original tort and the claim for damages the standard of care applied by the courts may change.

TL;DR: In this article, the implications of the tort of defamation for the existence of political dishonesty in a society where the media have a wide impact and can influence electoral behavior are discussed.

TL;DR: In this article, the deterrent effect of punitive damages when capital investment is endogenous to the legal rule is explored, and it is shown that punitive damages can exacerbate this wealth reduction effect and thereby reduce deterrence.

TL;DR: In this article, the authors investigate the pretrial discovery process empirically using data from an interview survey of both attorneys in 369 federal civil cases, and by employing a simultaneous-equations to bit econometric model, they identify factors that determine the plaintiff's and defendant's discovery levels.

TL;DR: In this paper, an analytical framework for understanding the limits of constitutional unity in unitary states is developed. But the model is not suitable for large areas such as Western or Eastern Europe, or Canada.

TL;DR: In this article, the authors use a principal-agent framework to reexamine the implications of the negligence and strict liability rules when the tortfeasor is an agency, and assume a unilateral care situation and consider both the cases of moral hazard and of adverse selection.

TL;DR: In this article, the authors propose a model of pre-trial negotiations in which the uninformed party makes the offer in such a way that no information is transmitted, when a complaint has been lodged, and the noninformed party puts forward the negotiating terms at the outset.

TL;DR: In this article, the authors developed a model of the Dutch law enforcement system for the period 1996 to 2002, which they used to formulate forecasts and scenarios for the Dutch Law Enforcement System.

TL;DR: In this paper, the authors examine whether loss leading pricing strategies in multiproduct retailing should be a target of antitrust policy and show that price constraints, used as a second-best instrument, targeted at loss leading can interact with market imperfections to create distortions that can only reduce welfare ex post.

TL;DR: In this article, a particular type of housing arrangement between owner of a housing unit and owner of the land on which it is sited is analyzed, where the unit is partially or totally immobile.

TL;DR: In this paper, the authors apply the economic analysis of law to examine recent proposals in England and Wales for the reform of the law affecting financial settlement after divorce, and conclude that changing to community property and enforceable agreements should be welfare improving but would need to be forward looking and applied to marriages, rather than divorces.

TL;DR: In this article, the authors examined the effects of liability sharing rules on social welfare and risk reduction when one firm (the principal) delegates indivisible hazardous activities to one of the potential firms (the agents).

TL;DR: In this paper, the two most important areas, in terms of impact on employers, are age discrimination and sexual harassment, and these will be my focus. And they will be discussed in detail in this paper.

TL;DR: In this paper, the authors examined the use of sorting by defendants as a strategy for lowering their overall costs of litigation and found that the strategy relies on the defendant's ability to bundle settlement offers with some other variable that is valued differently by plaintiffs.

TL;DR: In this article, the authors investigated the effect of the second punishment on the probability of committing a second crime after having been released from prison and found that more dangerous offenders will be dismissed later unless the second penalty has a stronger deterrence effect on them.

TL;DR: In this article, the authors proposed an insurance-based liability rule as a remedy: Damages are apportioned according to the insurance policies of the defendants, and the adjudication is made dependent on the requirement that the injurers have taken out insurance coverage setting the right incentives.

TL;DR: In this article, the authors explore the law and economics of ecological taxation from this point of view and derive an innovative institutional solution to achieve a maximum impact on ecologically relevant decisions in the desired scope and direction.