Asymmetric information, pretrial negotiation and optimal decoupling
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- Gary S. Becker, 1974.
"Crime and Punishment: An Economic Approach,"
NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54,
National Bureau of Economic Research, Inc.
- Gary S. Becker, 1968. "Crime and Punishment: An Economic Approach," Journal of Political Economy, University of Chicago Press, vol. 76(2), pages 169-169.
- Lewis, Tracy R. & Sappington, David E. M., 1999. "Using decoupling and deep pockets to mitigate judgment-proof problems1," International Review of Law and Economics, Elsevier, vol. 19(2), pages 275-293, June.
- A. Mitchell Polinsky & Yeon-Koo Che, 1991.
"Decoupling Liability: Optimal Incentives for Care and Litigation,"
RAND Journal of Economics, The RAND Corporation, vol. 22(4), pages 562-570, Winter.
- A. Mitchell Polinsky & Yeon-Koo Che, 1991. "Decoupling Liability: Optimal Incentives for Care and Litigation," NBER Working Papers 3634, National Bureau of Economic Research, Inc.
- Andrew F. Daughety & Jennifer F. Reinganum, 2003.
"Found Money? Split-Award Statutes and Settlement of Punitive Damages Cases,"
American Law and Economics Review, American Law and Economics Association, vol. 5(1), pages 134-164.
- Andrew F. Daughety & Jennifer F. Reinganum, 2000. "Found Money? Split-Award Statutes and Settlement of Punitive Damages Cases," Vanderbilt University Department of Economics Working Papers 0001, Vanderbilt University Department of Economics, revised Mar 2001.
- Jennifer F. Reinganum & Louise L. Wilde, 1986. "Settlement, Litigation, and the Allocation of Litigation Costs," RAND Journal of Economics, The RAND Corporation, vol. 17(4), pages 557-566, Winter.
- Rubinstein, Ariel, 1985. "A Bargaining Model with Incomplete Information about Time Preferences," Econometrica, Econometric Society, vol. 53(5), pages 1151-1172, September.
- Albert Choi & Chris William Sanchirico, 2004.
"Should Plaintiffs Win What Defendants Lose? Litigation Stakes, Litigation Effort, and the Benefits of Decoupling,"
The Journal of Legal Studies, University of Chicago Press, vol. 33(2), pages 323-354, June.
- Albert Choi & Chris Sanchirico, "undated". "Should Plaintiffs Win What Defendants Lose?: Litigation Stakes, Litigation Effort, and the Benefits of 'Decoupling'," Scholarship at Penn Law upenn_wps-1000, University of Pennsylvania Law School.
- Polinsky, Mitchell & Shavell, Steven, 1979. "The Optimal Tradeoff between the Probability and Magnitude of Fines," American Economic Review, American Economic Association, vol. 69(5), pages 880-891, December.
- Kahan, Marcel & Tuckman, Bruce, 1995. "Special levies on punitive damages: Decoupling, agency problems, and litigation expenditures," International Review of Law and Economics, Elsevier, vol. 15(2), pages 175-185, June.
- Chen, Kong-Pin & Chien, Hung-Ken & Chu, C Y Cyrus, 1997. "Sequential versus Unitary Trials with Asymmetric Information," The Journal of Legal Studies, University of Chicago Press, vol. 26(1), pages 239-258, January.
- Barry Nalebuff, 1987. "Credible Pretrial Negotiation," RAND Journal of Economics, The RAND Corporation, vol. 18(2), pages 198-210, Summer.
- Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn.
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