Economics

Jonah B. Gelbach

Can Simple Mechanism Design Results be Used to Implement the Proportionality Standard in Discovery?

Volume 172 () / Issue 1, pp. 200-221 (22)

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I point out that the Coase theorem suggests there should not be wasteful discovery, in the sense that the value to the requester is less than the cost to the responder. I use a toy model to show that a sufficiently informed court could design a mechanism under which the Coasean prediction is borne out. I then suggest that the actual information available to courts is too little to effect this mechanism, and I consider alternatives. In discussing mechanisms intended to avoid wasteful discovery where courts have limited information, I emphasize the role of normative considerations.
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Jonah B. Gelbach No current data available.