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The level of litigation: private versus social optimality of suit and of settlement

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  • Shavell, Steven
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    Bibliographic Info

    Article provided by Elsevier in its journal International Review of Law and Economics.

    Volume (Year): 19 (1999)
    Issue (Month): 1 (March)
    Pages: 99-115

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    Handle: RePEc:eee:irlaec:v:19:y:1999:i:1:p:99-115

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    Web page: http://www.elsevier.com/locate/irle

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    1. Polinsky, A Mitchell & Rubinfeld, Daniel L, 1988. "The Welfare Implications of Costly Litigation for the Level of Liability," The Journal of Legal Studies, University of Chicago Press, vol. 17(1), pages 151-64, January.
    2. Polinsky, A. Mitchell & Rubinfeld, Daniel L., 1988. "The deterrent effects of settlements and trials," International Review of Law and Economics, Elsevier, vol. 8(1), pages 109-116, June.
    3. Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn.
    4. Cooter, Robert D & Rubinfeld, Daniel L, 1989. "Economic Analysis of Legal Disputes and Their Resolution," Journal of Economic Literature, American Economic Association, vol. 27(3), pages 1067-97, September.
    5. Hylton, Keith N., 1990. "The influence of litigation costs on deterrence under strict liability and under negligence," International Review of Law and Economics, Elsevier, vol. 10(2), pages 161-171, September.
    6. Louis Kaplow & Steven Shavell, 1993. "Accuracy in the Assessment of Damages," NBER Working Papers 4287, National Bureau of Economic Research, Inc.
    7. Spier, Kathryn E, 1994. "Settlement Bargaining and the Design of Damage Awards," Journal of Law, Economics and Organization, Oxford University Press, vol. 10(1), pages 84-95, April.
    8. Spier, Kathryn E, 1997. "A Note on the Divergence between the Private and the Social Motive to Settle under a Negligence Rule," The Journal of Legal Studies, University of Chicago Press, vol. 26(2), pages 613-21, June.
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    Cited by:
    1. Koçkesen, Levent & Usman, Murat, 2012. "Litigation and settlement under judicial agency," International Review of Law and Economics, Elsevier, vol. 32(3), pages 300-308.
    2. Thomas J. Miceli, 2008. "Legal Change and the Social Value of Lawsuits," Working papers 2008-34, University of Connecticut, Department of Economics.
    3. Wright, Donald J., 2011. "Medical Malpractice and Physician Liability Under a Negligence Rule," Working Papers 2011-04, University of Sydney, School of Economics.
    4. Barbara Luppi & Francesco Parisi, 2012. "Litigation and legal evolution: does procedure matter?," Public Choice, Springer, vol. 152(1), pages 181-201, July.
    5. Christian Langpap, 2007. "Pollution abatement with limited enforcement power and citizen suits," Journal of Regulatory Economics, Springer, vol. 31(1), pages 57-81, February.
    6. Polinsky, A. Mitchell & Shavell, Steven, 2014. "Costly litigation and optimal damages," International Review of Law and Economics, Elsevier, vol. 37(C), pages 86-89.
    7. Magnus Söderberg, 2008. "Uncertainty and regulatory outcome in the Swedish electricity distribution sector," European Journal of Law and Economics, Springer, vol. 25(1), pages 79-94, February.
    8. Miceli Thomas J., 2008. "A Note on the Social versus Private Value of Suits when Care is Bilateral," Review of Law & Economics, De Gruyter, vol. 4(1), pages 373-382, October.
    9. A. Mitchell Polinsky & Steven Shavell, 2012. "Costly Litigation and Optimal Damages," Discussion Papers 12-005, Stanford Institute for Economic Policy Research.

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