Abstract

http://ssrn.com/abstract=1407557
 
 

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Trial Selection Theory and Evidence: A Review


Keith N. Hylton


William Fairfield Warren Distinguished Professor, Boston University; Professor of Law, Boston University School of Law

Haizhen Lin


Indiana University - Kelley School of Business - Department of Business Economics & Public Policy

May 20, 2009

ENCYCLOPEDIA OF LAW AND ECONOMICS: PROCEDURAL LAW AND ECONOMICS, Chris Sanchirico, ed., Vol. X, Edward Elgar Publishing
Boston Univ. School of Law Working Paper No. 09-27

Abstract:     
Trial selection theory consists of models that attempt to explain or predict the characteristics that distinguish cases that are litigated to judgment from those that settle, and the implications of those characteristics for the development of legal doctrine and for important trial outcome parameters, such as the plaintiff win rate. This paper presents a review of trial selection theory and evidence. We start with a review of the literature, and then present a model that includes Priest-Klein and asymmetric information theories as special cases. We conclude with a review of the empirical evidence.

Number of Pages in PDF File: 28

Keywords: trial selection theory, trial outcome, plaintiff win rate, Priest-Klein model, Landes-Posner-Gould settlement model

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Date posted: May 20, 2009 ; Last revised: May 13, 2014

Suggested Citation

Hylton, Keith N. and Lin, Haizhen, Trial Selection Theory and Evidence: A Review (May 20, 2009). ENCYCLOPEDIA OF LAW AND ECONOMICS: PROCEDURAL LAW AND ECONOMICS, Chris Sanchirico, ed., Vol. X, Edward Elgar Publishing; Boston Univ. School of Law Working Paper No. 09-27. Available at SSRN: http://ssrn.com/abstract=1407557

Contact Information

Keith N. Hylton (Contact Author)
William Fairfield Warren Distinguished Professor, Boston University ( email )
595 Commonwealth Avenue
Boston, MA 02215
United States
617-353-8959 (Phone)
Professor of Law, Boston University School of Law ( email )
765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-8959 (Phone)
617-353-3077 (Fax)
Haizhen Lin
Indiana University - Kelley School of Business - Department of Business Economics & Public Policy ( email )
Bloomington, IN 47405
United States

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