Underclaiming and Overclaiming
27 Pages Posted: 30 Jan 2013 Last revised: 15 Nov 2013
Date Written: 2013
Abstract
Arguments that we have too much litigation (overclaiming) or too little (underclaiming) cannot be valid without estimating how many of the undecided claims that are brought (actual claims) or not brought (potential claims) have or lack legal merit. We identify the basic conceptual structure of such underclaiming and overclaiming arguments, which entails inferences about the distribution of actual or potential claims by their probability of success on the merits within a claims-processing institution. We then survey the available methods for estimating claim merit.
Suggested Citation: Suggested Citation
Pandya, Sachin S. and Siegelman, Peter, Underclaiming and Overclaiming (2013). Law and Social Inquiry, 38(4) (2013): 836-862, Available at SSRN: https://ssrn.com/abstract=2208742
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