Abstract

http://ssrn.com/abstract=172511
 
 

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The Government as Litigant: Further Tests of the Case Selection Model


Theodore Eisenberg


Cornell University - Law School

Henry S. Farber


Princeton University; National Bureau of Economic Research (NBER)

August 1999

NBER Working Paper No. w7296

Abstract:     
We develop a model of the plaintiff's decision to file a law suit that has implications for how differences between the federal government and private litigants and litigation translate into differences in trial rates and plaintiff win rates at trial. Our case selection model generates a set of predictions for relative trial rates and plaintiff win rates depending on the type of case and whether the government is defendant or plaintiff. In order to test the model, we use data on about 350,000 cases filed in federal district court between 1979 and 1997 in the areas of personal injury and job discrimination where the federal government and private parties work under roughly similar legal rules. We find broad support for the predictions of the model.

Number of Pages in PDF File: 43

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Date posted: August 24, 1999  

Suggested Citation

Eisenberg, Theodore and Farber, Henry S., The Government as Litigant: Further Tests of the Case Selection Model (August 1999). NBER Working Paper No. w7296. Available at SSRN: http://ssrn.com/abstract=172511

Contact Information

Theodore Eisenberg
Cornell University - Law School ( email )
524 College Ave
Myron Taylor Hall
Ithaca, NY 14853
United States
607-255-6477 (Phone)
607-255-7193 (Fax)
Henry S. Farber (Contact Author)
Princeton University ( email )
Industrial Relations Section
Firestone Library
Princeton, NJ 08544
United States
609-258-4044 (Phone)
609-258-2907 (Fax)
National Bureau of Economic Research (NBER)
1050 Massachusetts Avenue
Cambridge, MA 02138
United States
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