An Information-Saving and Efficient Nuisance Rule - 10.1628/0932456022975321 - Mohr Siebeck
Economics

Iljoong Kim

An Information-Saving and Efficient Nuisance Rule

Volume 158 () / Issue 3, pp. 514-527 (14)

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existing literature postulates that in nuisance suits courts should balance, for a property right under conflict, several values of the litigating parties. This practice, however, is controversial, mainly due to courts' resource scarcity. This paper suggests an alternative institutional mechanism with which to relieve courts of various disputes and the potential demoralization arising from the judicial comparison of subjective values. It further submits that Posner's nuisance rule can be fully utilized under imperfect information.
Authors/Editors

Iljoong Kim No current data available.