Case preparation investments in the presence of costly judicial attention

IF 1.2 Q3 ECONOMICS
Brishti Guha
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引用次数: 0

Abstract

This is the first paper I am aware of to integrate litigants’ investment in pretrial case preparation with the fact that judges experience small costs to processing extra information conveyed by litigants. While a full-scale battle involving high case preparation by both parties would have obtained if litigants were confident that judges would review the extra evidence, costly judicial attention results either in an equilibrium where no one incurs case preparation expenses, or (if parties are relatively malicious, and judicial technology is efficient) in just one litigant, but not both, incurring such expenses. The latter possibility can create incentives for a signaling race. While costly judicial attention lowers case preparation expenses and generally makes litigants better off relative to the full attention case, it can also lead to fewer cases being immediately settled.

在昂贵的司法关注下的案件准备投资
据我所知,这是第一篇将诉讼当事人在审前案件准备方面的投资与法官处理诉讼当事人传递的额外信息所需的小额成本相结合的论文。如果诉讼双方都相信法官会审查额外的证据,那么一场涉及双方大量案件准备工作的全面战争就会打响,而高成本的司法关注则会导致一种均衡状态,即双方都不产生案件准备费用,或者(如果双方相对恶意,且司法技术是有效的)只有一方诉讼当事人产生此类费用,而不是双方都产生此类费用。后一种可能性会刺激信号竞赛。虽然高成本的司法关注会降低案件准备费用,并使诉讼当事人的经济状况相对于完全关注的案件有所改善,但它也可能导致更少的案件立即得到解决。
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来源期刊
CiteScore
1.40
自引率
0.00%
发文量
37
审稿时长
89 days
期刊介绍: Established in 1947, Research in Economics is one of the oldest general-interest economics journals in the world and the main one among those based in Italy. The purpose of the journal is to select original theoretical and empirical articles that will have high impact on the debate in the social sciences; since 1947, it has published important research contributions on a wide range of topics. A summary of our editorial policy is this: the editors make a preliminary assessment of whether the results of a paper, if correct, are worth publishing. If so one of the associate editors reviews the paper: from the reviewer we expect to learn if the paper is understandable and coherent and - within reasonable bounds - the results are correct. We believe that long lags in publication and multiple demands for revision simply slow scientific progress. Our goal is to provide you a definitive answer within one month of submission. We give the editors one week to judge the overall contribution and if acceptable send your paper to an associate editor. We expect the associate editor to provide a more detailed evaluation within three weeks so that the editors can make a final decision before the month expires. In the (rare) case of a revision we allow four months and in the case of conditional acceptance we allow two months to submit the final version. In both cases we expect a cover letter explaining how you met the requirements. For conditional acceptance the editors will verify that the requirements were met. In the case of revision the original associate editor will do so. If the revision cannot be at least conditionally accepted it is rejected: there is no second revision.
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