Decision Rules in a Judicial Hierarchy
This paper extends the analysis of the structure of judicial hierarchies to environments in which litigants may have asymmetric information about the merits of the case. We identify equilibria in which the error rate is zero. In each equilibrium, at least one of the inferior courts does not decide cases on the basis of its prior beliefs. Rather, in the absence of an informative signal, an inferior court decides against the informed litigant in order to exploit that litigant's knowledge.
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Volume (Year): 161 (2005)
Issue (Month): 2 (June)
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References listed on IDEAS
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- A. Mitchell Polinsky & Yeon-Koo Che, 1991.
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"The Role of Precedents in Repeated Litigation,"
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- Shavell, Steven, 1997. "The Fundamental Divergence between the Private and the Social Motive to Use the Legal System," The Journal of Legal Studies, University of Chicago Press, vol. 26(2), pages 575-612, June.
- Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn.
- Kornhauser, Lewis A & Revesz, Richard L, 1994. "Multidefendant Settlements: The Impact of Joint and Several Liability," The Journal of Legal Studies, University of Chicago Press, vol. 23(1), pages 41-76, January.
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