[go: up one dir, main page]
IDEAS home Printed from https://ideas.repec.org/a/bpj/rlecon/v7y2011i2n8.html
   My bibliography  Save this article

Media and Litigation

Author

Listed:
  • Epstein Gil S.

    (Bar-Ilan University, IZA Bonn and CReAM London; Bar-Ilan University)

  • Lindner Pomerantz Renana

    (Bar-Ilan University, IZA Bonn and CReAM London; Bar-Ilan University)

Abstract
In this paper we consider the relationship between the media and the outcome of civil litigation. We present a model dividing lawsuits into two main stages: a signaling stage and a rent-seeking contest. During the first stage the judge is exposed to signals regarding the true position of the defendant, and in addition pays attention to signals reported by the media. The judge forms an initial prejudice towards the plaintiff and the defendant based on the ratio between the true merit of the case and the burden of proof required to establish the plaintiff’s claim (the preponderance of the evidence). Then, we turn to the second stage and provide the plaintiff and the defendant with an opportunity to invest resources in order to influence their winning probabilities. We show how the media can influence the process with biased reports.

Suggested Citation

  • Epstein Gil S. & Lindner Pomerantz Renana, 2011. "Media and Litigation," Review of Law & Economics, De Gruyter, vol. 7(2), pages 539-571, December.
    • Handle: RePEc:bpj:rlecon:v:7:y:2011:i:2:n:8
    DOI: 10.2202/1555-5879.1521
    as

    Download full text from publisher

    File URL: https://doi.org/10.2202/1555-5879.1521
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.
    File URL: https://libkey.io/10.2202/1555-5879.1521?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Giuseppe Dari-Mattiacci & Francesco Parisi, 2005. "Rents, dissipation and lost treasures: Rethinking Tullock's paradox," Public Choice, Springer, vol. 124(3), pages 411-422, September.
    2. Nti, Kofi O, 1999. "Rent-Seeking with Asymmetric Valuations," Public Choice, Springer, vol. 98(3-4), pages 415-430, March.
    3. Max Schanzenbach, 2005. "Racial and Sex Disparities in Prison Sentences: The Effect of District-Level Judicial Demographics," The Journal of Legal Studies, University of Chicago Press, vol. 34(1), pages 57-92, January.
    4. Gil S. Epstein & Shmuel Nitzan, 2007. "Endogenous Public Policy and Contests," Springer Books, Springer, number 978-3-540-74818-2, December.
    5. Gil S. Epstein & Shmuel Nitzan, 2005. "Size and distribution of prizes and efforts in contests," Economics Bulletin, AccessEcon, vol. 8(10), pages 1-10.
    6. Mark Gradstein, 1995. "Intensity Of Competition, Entry And Entry Deterrence In Rent Seeking Contests," Economics and Politics, Wiley Blackwell, vol. 7(1), pages 79-91, March.
    7. Besley, Timothy & Burgess, Robin, 2001. "Political agency, government responsiveness and the role of the media," European Economic Review, Elsevier, vol. 45(4-6), pages 629-640, May.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Giuseppe Dari-Mattiacci & Sander Onderstal & Francesco Parisi, 2009. "Seeking rents in the shadow of Coase," Public Choice, Springer, vol. 139(1), pages 171-196, April.
    2. Gerd Muehlheusser & Sandra Schneemann & Dirk Sliwka, 2016. "The Impact Of Managerial Change On Performance: The Role Of Team Heterogeneity," Economic Inquiry, Western Economic Association International, vol. 54(2), pages 1128-1149, April.
    3. Subhasish M. Chowdhury & Patricia Esteve‐González & Anwesha Mukherjee, 2023. "Heterogeneity, leveling the playing field, and affirmative action in contests," Southern Economic Journal, John Wiley & Sons, vol. 89(3), pages 924-974, January.
    4. Christian Ewerhart, 2015. "Mixed equilibria in Tullock contests," Economic Theory, Springer;Society for the Advancement of Economic Theory (SAET), vol. 60(1), pages 59-71, September.
    5. Epstein, Gil S. & Gang, Ira N., 2019. "Taxation and social protection under governance decentralisation," European Journal of Political Economy, Elsevier, vol. 60(C).
    6. Leppälä, Samuli, 2021. "A partially exclusive rent-seeking contest," Journal of Economic Behavior & Organization, Elsevier, vol. 187(C), pages 60-75.
    7. Lepp l , Samuli, 2018. "Partial Exclusivity Can Resolve The Empirical Puzzles Associated With Rent-Seeking Activities," Cardiff Economics Working Papers E2018/25, Cardiff University, Cardiff Business School, Economics Section.
    8. Derek Clark & Tore Nilssen, 2013. "Learning by doing in contests," Public Choice, Springer, vol. 156(1), pages 329-343, July.
    9. Gil Epstein & Yosef Mealem, 2013. "Who gains from information asymmetry?," Theory and Decision, Springer, vol. 75(3), pages 305-337, September.
    10. Gil S. Epstein & Ira N. Gang, 2016. "Taxation, social protection, and governance decentralization," WIDER Working Paper Series wp-2016-101, World Institute for Development Economic Research (UNU-WIDER).
    11. Konrad, Kai A., 2007. "Strategy in contests: an introduction [Strategie in Turnieren – eine Einführung]," Discussion Papers, Research Unit: Market Processes and Governance SP II 2007-01, WZB Berlin Social Science Center.
    12. Barbieri, Stefano & Serena, Marco, 2022. "Biasing dynamic contests between ex-ante symmetric players," Games and Economic Behavior, Elsevier, vol. 136(C), pages 1-30.
    13. Chowdhury, Subhasish M. & Sheremeta, Roman M., 2011. "Multiple equilibria in Tullock contests," Economics Letters, Elsevier, vol. 112(2), pages 216-219, August.
    14. Balart, Pau & Chowdhury, Subhasish M. & Troumpounis, Orestis, 2017. "Linking individual and collective contests through noise level and sharing rules," Economics Letters, Elsevier, vol. 155(C), pages 126-130.
    15. Gil Epstein & Yosef Mealem & Shmuel Nitzan, 2013. "The efficacy and efforts of interest groups in post elections policy formation," Economics of Governance, Springer, vol. 14(1), pages 77-105, February.
    16. Cheikbossian, Guillaume, 2008. "Heterogeneous groups and rent-seeking for public goods," European Journal of Political Economy, Elsevier, vol. 24(1), pages 133-150, March.
    17. Guerra Alice & Luppi Barbara & Parisi Francesco, 2019. "Standards of Proof and Civil Litigation: A Game-Theoretic Analysis," The B.E. Journal of Theoretical Economics, De Gruyter, vol. 19(1), pages 1-19, January.
    18. Gil S. Epstein & Yosef Mealem, 2013. "Politicians, Governed vs. Non-Governed Interest Groups and Rent Dissipation," Working Papers 2013-09, Bar-Ilan University, Department of Economics.
    19. Johannes Münster, 2007. "Rents, dissipation and lost treasures: Comment," Public Choice, Springer, vol. 130(3), pages 329-335, March.
    20. Leyla D. Karakas, 2018. "Appeasement and compromise under a referendum threat," Economics of Governance, Springer, vol. 19(3), pages 261-283, August.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bpj:rlecon:v:7:y:2011:i:2:n:8. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.degruyter.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.