Journal ArticleDOI
Litigation, liability, and incentives for care
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TLDR
In this paper, potential injurers are subject to a negligence standard and differ in cost of taking care; in the event of accident, the injurer's degree of care is private information in litigation that follows.About:
This article is published in Journal of Public Economics.The article was published on 1987-10-01. It has received 102 citations till now. The article focuses on the topics: Punitive damages & Damages.read more
Citations
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Patenting in the Shadow of Competitors
TL;DR: The authors empirically examined the patenting behavior of new biotechnology firms that have different litigation costs and found that firms with high litigation costs are less likely to patent in subclasses with many other awards, particularly those of firms with low litigation costs.
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The Resolution of Financial Distress
TL;DR: The authors showed that despite the possibility of costless reorganization, it may be rational for firms to incur significant costs in the resolution of financial distress, and the main assumptions that give rise to their results are the existence of asymmetric courts to impose a reorganization on the claimants of a firm.
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Tax Evasion and Tax Compliance
TL;DR: An overview of the theoretical and empirical research on tax evasion, delineating the variety of factors affecting noncompliance and examining possible remedies is given in this paper, with particular emphasis on the institutional and procedural rules governing the tax enforcement policy.
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Litigation and Settlement under Two-Sided Incomplete Information
TL;DR: In this article, a simple game of litigation and settlement with incomplete information is considered, where parties are assumed to have the choice between settling their dispute out of court or resorting to costly litigation.
Posted Content
The Enforcement of Intellectual Property Rights: A Survey of the Empirical Literature
TL;DR: In this paper, the authors examine several recent avenues of empirical research into the enforcement of" intellectual property rights, and they start with a stylized model of the patent" litigation process, and the bulk of the paper is devoted to linking the empirical literature on patent litigation to the parameters of the model.
References
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Journal ArticleDOI
Litigation and Settlement under Imperfect Information
TL;DR: In this paper, a model of parties' litigation and settlement decisions under imperfect information is studied, and the model shows how informational asymmetry influences parties' decisions, and how it might lead to parties' failure to settle.
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An Economic Approach to Legal Procedure and Judicial Administration
TL;DR: In this paper, a positive economic theory of the legal system is presented, and the authors attempt to explain the procedural rules and practices that give the system its distinctive structure and to predict the effects of changes in one part of the system on the other parts.
ReportDOI
Suit and Settlement vs. Trial: A Theoretical Analysis under Alternative Methods for the Allocation of Legal Costs
TL;DR: In this article, the authors analyzed the relative social desirability of four methods for allocating legal costs, namely, under the American system, where each side bears its own costs; under the "indemnity" or British system, whereby the losing side bears all costs; and under the system favoring the plaintiff whereby the plaintiff pays only his own costs if he loses and nothing otherwise.
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Strategic Behavior in Suit, Settlement, and Trial
TL;DR: In this paper, the authors developed a model of strategic behavior in litigation, which reveals how information is exploited and how the litigants' strategies are interdependent, and analyzed to derive conditions on the parameters under which suit is filed, action is settled, and the action is tried.