Robert D. Cooter and Daniel L. Rubinfeld,
Trial Courts: An Economic Perspective, 24
Law & Soc'y Rev.
Available at: http://scholarship.law.berkeley.edu/facpubs/554
This article describes economic research on models of legal disputes. Concepts such as rational choice and static equilibrium are often used inaccurately in the noneconomic research presented in this issue. This article critiques the longitudinal studies, illustrating a number of problems of conceptualization and data analysis. Finally, the authors consider normative models of dispute resolution and the evolution and effects of judge-made law.