Contract theory does not address the question of how parties design contracts under the
existing adversarial system, which relies on the parties to establish relevant facts indirectly …

Sustained growth depends on innovation, whether it's cutting-edge software from Silicon
Valley, an improved assembly line in Sichuan, or a new export market for Swaziland's …

This paper investigates the incentive properties of the standard of proof for a finding of
negligence when evidence about injurers' behavior is imperfect. We show that a “more-likely …

We argue that the common-law standard of proof, given the rules of evidence, does not
minimize expected error as usually argued in the legal literature, but may well be efficient …

We analyze the design of legal principles and procedures for court decision making in civil
litigation. The objective is the provision of incentives for potential tort‐feasors to exert care …

The concept of partnering in the construction industry stands for a collaborative way of
working. Examples of partnering projects can be found on every continent. As suggested in …

We provide a comparison of the adversarial and inquisitorial trial procedures. We find that
social costs associated with a given level of justice are always smaller under the adversarial …

This paper examines the credibility of threats to punish criminal offenders. The motivation is
the sequential nature of crime and punishment, which unfolds as follows: enforcers threaten …

This paper characterizes the efficient evidentiary thresholds for establishing negligence
when courts have imperfect evidence about care. An evidentiary threshold refers to the …

In trials witnesses often slant their testimony in order to advance their own interests. To
obtain truthful testimony, the law relies on cross-examination under threat of prosecution for …