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An Economic Model of Legal Discovery


  • Cooter, Robert D
  • Rubinfeld, Daniel L


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Suggested Citation

  • Cooter, Robert D & Rubinfeld, Daniel L, 1994. "An Economic Model of Legal Discovery," The Journal of Legal Studies, University of Chicago Press, vol. 23(1), pages 435-463, January.
  • Handle: RePEc:ucp:jlstud:v:23:y:1994:i:1:p:435-63

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    References listed on IDEAS

    1. Allen, Ronald J, et al, 1990. "A Positive Theory of the Attorney-Client Privilege and the Work Product Doctrine," The Journal of Legal Studies, University of Chicago Press, vol. 19(2), pages 359-397, June.
    2. Paul R. Milgrom, 1981. "Good News and Bad News: Representation Theorems and Applications," Bell Journal of Economics, The RAND Corporation, vol. 12(2), pages 380-391, Autumn.
    3. 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 1067-1097, September.
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    Cited by:

    1. Jeong-Yoo Kim & Keunkwan Ryu, 2002. "Sanctions in Pre-Trial Discovery," European Journal of Law and Economics, Springer, vol. 14(1), pages 45-60, July.
    2. Daniel P. Kessler & Daniel L. Rubinfeld, 2004. "Empirical Study of the Civil Justice System," NBER Working Papers 10825, National Bureau of Economic Research, Inc.
    3. Baumann, Florian & Friehe, Tim, 2014. "On discovery, restricting lawyers, and the settlement rate," DICE Discussion Papers 155, University of Düsseldorf, Düsseldorf Institute for Competition Economics (DICE).
    4. Mnookin, Robert & Wilson, Robert, 1998. "A Model of Efficient Discovery," Games and Economic Behavior, Elsevier, vol. 25(2), pages 219-250, November.
    5. Waldfogel, Joel, 1998. "Reconciling Asymmetric Information and Divergent Expectations Theories of Litigation," Journal of Law and Economics, University of Chicago Press, vol. 41(2), pages 451-476, October.
    6. Amy Farmer & Paul Pecorino, 2013. "Discovery and Disclosure with Asymmetric Information and Endogenous Expenditure at Trial," The Journal of Legal Studies, University of Chicago Press, vol. 42(1), pages 223-247.
    7. Cotton, Christopher, 2012. "Pay-to-play politics: Informational lobbying and contribution limits when money buys access," Journal of Public Economics, Elsevier, vol. 96(3), pages 369-386.
    8. Morgan Westéus, 2014. "Settlement probability asymmetries in the Swedish Labour Court," European Journal of Law and Economics, Springer, vol. 38(3), pages 485-512, December.
    9. Amy Farmer & Paul Pecorino, 2005. "Civil Litigation with Mandatory Discovery and Voluntary Transmission of Private Information," The Journal of Legal Studies, University of Chicago Press, vol. 34(1), pages 137-159, January.
    10. Bull, Jesse & Watson, Joel, 2004. "Evidence disclosure and verifiability," Journal of Economic Theory, Elsevier, vol. 118(1), pages 1-31, September.
    11. repec:kap:ejlwec:v:44:y:2017:i:2:d:10.1007_s10657-016-9540-5 is not listed on IDEAS
    12. Cooter, Robert D., 1997. "Commodifying Liability," Berkeley Olin Program in Law & Economics, Working Paper Series qt9pq4m8ts, Berkeley Olin Program in Law & Economics.
    13. Choné, Philippe & Linnemer, Laurent, 2010. "Optimal litigation strategies with observable case preparation," Games and Economic Behavior, Elsevier, vol. 70(2), pages 271-288, November.
    14. Froeb, Luke M. & Kobayashi, Bruce H., 2001. "Evidence production in adversarial vs. inquisitorial regimes," Economics Letters, Elsevier, vol. 70(2), pages 267-272, February.
    15. Osborne, Evan, 1999. "Who should be worried about asymmetric information in litigation?," International Review of Law and Economics, Elsevier, vol. 19(3), pages 399-409, September.
    16. Garey Ramey & Joel Watson, 2002. "Contractual Intermediaries," Journal of Law, Economics, and Organization, Oxford University Press, vol. 18(2), pages 362-384, October.
    17. George Loewenstein & Don A. Moore, 2004. "When Ignorance Is Bliss: Information Exchange and Inefficiency in Bargaining," The Journal of Legal Studies, University of Chicago Press, vol. 33(1), pages 37-58, January.
    18. Peter Grajzl & Katarina Zajc, 2017. "Litigation and the timing of settlement: evidence from commercial disputes," European Journal of Law and Economics, Springer, vol. 44(2), pages 287-319, October.
    19. Chulyoung Kim, 2014. "Adversarial and Inquisitorial Procedures with Information Acquisition," Journal of Law, Economics, and Organization, Oxford University Press, vol. 30(4), pages 767-803.
    20. Jonah B. Gelbach, 2016. "Can Simple Mechanism Design Results be Used to Implement the Proportionality Standard in Discovery?," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 172(1), pages 200-221, March.
    21. Dandekar Suyog Ravindra & Raja Angara V., 2015. "Economic Analysis of Pre-trial Negotiations: A Behavioral Approach," Asian Journal of Law and Economics, De Gruyter, vol. 6(1), pages 1-21, April.
    22. Warren F. Schwartz & Abraham L. Wickelgren, 2009. "Credible discovery, settlement, and negative expected value suits," RAND Journal of Economics, RAND Corporation, vol. 40(4), pages 636-657.
    23. Virginia Rosales-López, 2008. "Economics of court performance: an empirical analysis," European Journal of Law and Economics, Springer, vol. 25(3), pages 231-251, June.

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