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Trial Selection Theory And Evidence, Keith N. Hylton, Haizhen Lin
Trial Selection Theory And Evidence, Keith N. Hylton, Haizhen Lin
Faculty Scholarship
This chapter presents a review of trial selection theory. We use the term “trial selection theory” to refer to models that attempt to explain or predict the characteristics that distinguish cases that are litigated to judgment from those that settle, and the implications of those characteristics for the development of legal doctrine and for important trial outcome parameters, such as the plaintiff win rate. Using this definition, trial selection theory can be said to have started with Priest and Klein (1984).
An Economic Perspective On Preemption, Keith N. Hylton
An Economic Perspective On Preemption, Keith N. Hylton
Faculty Scholarship
This Essay has two goals. The first is to present an economic theory of preemption as a choice among regulatory regimes. The optimal regime choice model is used to generate specific implications for the court decisions on preemption of products liability claims. The second objective is to extrapolate from the regime choice model to consider its implications for broader controversies about preemption.