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The Selection Hypothesis and the Relationship between Trial and Plaintiff Victory

  • Waldfogel, Joel

This paper develops implications of the selection hypothesis of George L. Priest and Benjamin Klein (1984) for the relationship between trial rates and plaintiff win rates. The author finds strong evidence for the selection hypothesis in estimated relationships between trial rates and plaintiff win rates at trial across case types and judges. He then structurally estimates the model on judge data, yielding estimates of the model's major parameters (the decision standard, the degree of stake asymmetry, and the uncertainty parameter) for each of three major case types, contracts, property rights, and torts. Copyright 1995 by University of Chicago Press.

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File URL: http://dx.doi.org/10.1086/261982
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Article provided by University of Chicago Press in its journal Journal of Political Economy.

Volume (Year): 103 (1995)
Issue (Month): 2 (April)
Pages: 229-60

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Handle: RePEc:ucp:jpolec:v:103:y:1995:i:2:p:229-60
Contact details of provider: Web page: http://www.journals.uchicago.edu/JPE/

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  1. N/A, 1982. "Chapter I. the Home Economy," National Institute Economic Review, National Institute of Economic and Social Research, vol. 102(1), pages 6-26, November.
  2. anonymous, 1982. "International economic situation and developments," Reserve Bank of New Zealand Bulletin, Reserve Bank of New Zealand, vol. 45, august.
  3. Anonymous, 1982. "The Biologic and Economic Assessment of 2, 4, 5-T," Technical Bulletins 157646, United States Department of Agriculture, Economic Research Service.
  4. N/A, 1982. "Chapter II. The World Economy," National Institute Economic Review, National Institute of Economic and Social Research, vol. 100(1), pages 51-64, May.
  5. Eisenberg, Theodore, 1990. "Testing the Selection Effect: A New Theoretical Framework with Empirical Tests," The Journal of Legal Studies, University of Chicago Press, vol. 19(2), pages 337-58, June.
  6. N/A, 1982. "Intermediate Targets and Macroeconomic Policy," National Institute Economic Review, National Institute of Economic and Social Research, vol. 99(1), pages 61-67, February.
  7. N/A, 1982. "Chapter I. The Home Economy," National Institute Economic Review, National Institute of Economic and Social Research, vol. 100(1), pages 32-50, May.
  8. anonymous, 1982. "Economic policy measures," Reserve Bank of New Zealand Bulletin, Reserve Bank of New Zealand, vol. 45, july.
  9. N/A, 1982. "Chapter I. The Home Economy," National Institute Economic Review, National Institute of Economic and Social Research, vol. 99(1), pages 6-28, February.
  10. George L. Priest & Benjamin Klein, 1984. "The Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 1-56, January.
  11. anonymous, 1982. "International economic situation and outlook," Reserve Bank of New Zealand Bulletin, Reserve Bank of New Zealand, vol. 45, january/f.
  12. N/A, 1982. "Chapter II. the World Economy," National Institute Economic Review, National Institute of Economic and Social Research, vol. 102(1), pages 27-38, November.
  13. Elder, Harold W, 1989. "Trials and Settlements in the Criminal Courts: An Empirical Analysis of Dispositions and Sentencing," The Journal of Legal Studies, University of Chicago Press, vol. 18(1), pages 191-208, January.
  14. anonymous, 1982. "Time and economics," Economic Review, Federal Reserve Bank of San Francisco, issue Sum, pages 4-5.
  15. Anonymous, 1982. "The Biologic and Economic Assessment of DBCP," Technical Bulletins 157639, United States Department of Agriculture, Economic Research Service.
  16. N/A, 1982. "Chapter II. The World Economy," National Institute Economic Review, National Institute of Economic and Social Research, vol. 99(1), pages 29-50, February.
  17. anonymous, 1982. "New Zealand economic chronology 1981," Reserve Bank of New Zealand Bulletin, Reserve Bank of New Zealand, vol. 45, january/f.
  18. N/A, 1982. "The Economic Situation," National Institute Economic Review, National Institute of Economic and Social Research, vol. 101(1), pages 3-8, August.
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