Klerman on The Selection of 13th-Century Disputes for Litigation

Professor Dr. Daniel M. Klerman of the University of Southern California School of Law has published The Selection of 13th-Century Disputes for Litigation, Journal of Empirical Legal Studies, 9, 320-346 (2012).

Click here for a pre-print of the article.

Here is the abstract:

Priest and Klein’s seminal 1984 article argued that litigated cases differ systematically and predictably from settled cases. This article tests the Priest-Klein selection model using a data set of 13th-century English cases. These cases are especially informative because juries rendered verdicts even in settled cases, so one can directly compare verdicts in settled and litigated cases. The results are consistent with the predictions of the Priest-Klein article, as well as with the asymmetric-information selection models developed by Hylton and Shavell.

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