Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Robert Rhee

Selected Works

2009

Valuation

Discipline

Articles 1 - 2 of 2

Full-Text Articles in Law

Tort Arbitrage, Robert J. Rhee Jul 2009

Tort Arbitrage, Robert J. Rhee

Robert Rhee

The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the operational realities of the dispute resolution process and the negligence standard. Applying a theory of bargaining based on asset pricing principles of financial economics, this Article argues that there is systematic devaluation of tort claims in the civil litigation system. This results because in essence the parties value different tort transactions, even when they are tied together in a common dispute and view the facts and laws similarly. For the party that can mitigate the risk exposure, the discount to value …


The Effect Of Risk On Legal Valuation, Robert J. Rhee Jul 2009

The Effect Of Risk On Legal Valuation, Robert J. Rhee

Robert Rhee

From a financial economic perspective, the governing condition of a meritorious civil action is the uncertainty of outcome. Expectation and outcome deviate, and the spread is the measure of uncertainty (or variance). During litigation each party has an option to settle or select trial. The decision standard can be seen as an option strike price and a finding of liability as an “in-the-money” call option. This apparent optionality suggests the application of an option pricing model to legal valuation, and a small but growing body of scholarship endorses this concept. However, option theory is not the only concept. Under an …