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Book Chapter

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Boston University School of Law




Trial selection theory consists of 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. This paper presents a review of trial selection theory and evidence. We start with a review of the literature, and then present a model that includes Priest-Klein and asymmetric information theories as special cases. We conclude with a review of the empirical evidence.


Published as: "Trial Selection Theory and Evidence: A Review," in Encyclopedia of Law and Economics: Procedural Law and Economics, 2d ed., Chris Sanchirico, ed., Edward Elgar Publishing, 487 (2012).

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