The use and misuse of disclosure as a regulatory system

PJ Dalley - Fla. St. UL Rev., 2006 - HeinOnline
Over the past several decades, legislators and regulators have increasingly turned to
disclosure schemes, rather than substantive regulation, to accomplish regulatory goals. Most …

When parity promotes peace: Resolving conflict between asymmetric agents

EO Kimbrough, RM Sheremeta, TW Shields - Journal of Economic Behavior …, 2014 - Elsevier
Due to the high costs of conflict both in theory and practice, we examine and experimentally
test the conditions under which conflict between asymmetric agents can be resolved. We …

Bargaining over an uncertain value: arbitration mechanisms compared

CA Deck, A Farmer - The Journal of Law, Economics, & …, 2007 - academic.oup.com
This article explores the theoretical and behavioral impact of conventional arbitration and
final-offer arbitration (FOA) when parties are bargaining over an uncertain value. In this …

The economics of civil procedure

D Klerman - Annual Review of Law and Social Science, 2015 - annualreviews.org
The economic analysis of procedure reduces most issues to direct costs and error costs.
Direct costs are ordinary litigation costs. Error costs are the reduction in deterrence and the …

Fairness in an embedded ultimatum game

P Pecorino, M Van Boening - The Journal of Law and …, 2010 - journals.uchicago.edu
We embed an ultimatum game in a stylized legal bargaining framework. This changes the
framing of the standard ultimatum game in several ways but also moves the bargaining …

An empirical analysis of the signaling and screening models of Litigation

P Pecorino, M Van Boening - American Law and Economics …, 2018 - academic.oup.com
We present an experimental analysis of the signaling and screening models of litigation. In
both models, bargaining failure is driven by asymmetric information. The difference between …

Bargaining with voluntary transmission of private information: An experimental analysis of final offer arbitration

P Pecorino, M Solomon, M Van Boening - Journal of Economic Behavior & …, 2021 - Elsevier
Abstract In Final Offer Arbitration, both parties submit a proposal to an arbitrator. In the event
the parties cannot reach a negotiated settlement, the arbitrator chooses the submitted …

Costly voluntary disclosure in a signaling game

P Pecorino, M Van Boening - Review of Law & Economics, 2019 - degruyter.com
We conduct an experimental analysis of pretrial bargaining, while allowing for the costly
disclosure of private information in a signaling game. Under the theory, 100% of plaintiffs …

An empirical analysis of litigation with discovery: The role of fairness

P Pecorino, M Van Boening - Journal of Behavioral and Experimental …, 2019 - Elsevier
We conduct an experimental analysis of discovery in both the signaling and screening
games, where in both games an uninformed defendant may engage in costly discovery …

Resolving conflicts by a random device

EO Kimbrough, RM Sheremeta… - Journal of Economic …, 2014 - papers.ssrn.com
Due to the high costs of conflict both in theory and practice, we examine and experimentally
test the conditions under which conflict can be resolved via a random device. We model …