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The Selection Hypothesis and the Relationship between Trial and Plaintiff Victory

Journal of Political Economy 1995 103(2), 229-260
This paper develops implications of the selection hypothesis of Priest and Klein for the relationship between trial rates and plaintiff win rates. I find strong evidence for the selection hypothesis in estimated relationships between trial rates and plaintiff win rates at trial across case types and judges. I then structurally estimate the model on judge data, yielding estimates of the model's major parameters (the decision standard, the degree of stake asymmetry, and the uncertainty parameter) for each of three major case types, contracts, property rights, and torts.

Does Consumer Irrationality Trump Consumer Sovereignty?

The Review of Economics and Statistics 2005 87(4), 691-696
Scholars working on the border of economics and psychology have documented many contexts in which individual decision-making is unreliable and might be improved by paternalistic interventions. Against this mounting body of negative evidence, economists' default belief in consumer sovereignty has been motivated primarily by theory rather than evidence. The goal of the present study is to see whether there is direct evidence supporting economists' faith in consumer sovereignty in a simple context. We address this question by presenting direct evidence that consumers' own purchases generate between 10% and 18% more value, per dollar spent, than items received as gifts.

The Deadweight Loss of Christmas

American Economic Review 1993
When economists comment on holiday gift-giving, it is usually to condone the healthy effect of spending on the macroeconomy. However, an important feature of gift-giving is that consumption choices are made by someone other than the final consumer. A potentially important microeconomic aspect of gift-giving is that gifts may be mismatched with the recipients' preferences. In the standard microeconomic framework of consumer choice, the best a gift-giver can do with, say, $10 is to duplicate the choice that the recipient would have made. While it is possible for a giver to choose a gift which the recipient ultimately values above its price-for example, if the recipient is not perfectly informed-it is more likely that the gift will leave the recipient worse off than if she had made her own consumption choice with an equal amount of cash. In short, gift-giving is a potential source of deadweight loss. This paper gives estimates of the deadweight loss of holiday gift-giving based on surveys given to Yale undergraduates.' I find that holiday gift-giving destroys between 10 percent and a third of the value of gifts. While these recipients may be unrepresentative of the U.S. population, their gifts are not necessarily unrepresentative. Holiday expenditures average $40 billion per year, implying that a conservative estimate of the deadweight loss of Christmas' is a tenth as large as estimates of the deadweight loss of income taxation. I also explore how deadweight loss and the tendency to give cash gifts vary with the relationship and age difference between giver and recipient. I find that gifts from friends and significant others are most efficient, while noncash gifts from members of the extended family are least efficient and destroy a third of their value. I develop a simple expected-utility model to explain the decision to give cash, as opposed to in-kind gifts. The data are consistent with the model: cash gifts are most common from the sorts of givers whose noncash gifts have the lowest expected value to recipients (given their cost) and high variability in recipient valuation.

The Welfare Effects of Gender-Inclusive Intellectual Property Creation: Evidence from Books

Journal of Political Economy 2025 133(7), 2229-2264
Women have traditionally participated in intellectual property creation at depressed rates relative to men. Book authorship is now an exception: women now publish more than half of new books. Adding new products can have significant welfare benefits, particularly when product quality is unpredictable. Growth in female-authored books has delivered substantial increases in the female-authored shares of consumption, book awards, and other measures of success, indicating that the additional female-authored books are useful to consumers. The welfare benefit from gender-inclusive innovation is large and accrues to a wide range of consumers.

The Selection Hypothesis and the Relationship between Trial and Plaintiff Victory

Journal of Political Economy 1995 103(2), 229-260
This paper develops implications of the selection hypothesis of Priest and Klein for the relationship between trial rates and plaintiff win rates. I find strong evidence for the selection hypothesis in estimated relationships between trial rates and plaintiff win rates at trial across case types and judges. I then structurally estimate the model on judge data, yielding estimates of the model's major parameters (the decision standard, the degree of stake asymmetry, and the uncertainty parameter) for each of three major case types, contracts, property rights, and torts.

Public Monopoly and Economic Efficiency: Evidence from the Pennsylvania Liquor Control Board's Entry Decisions

American Economic Review 2013 103(2), 831-862
We estimate a spatial model of liquor demand to analyze the impact of government-controlled retailing on entry patterns. In the absence of the Pennsylvania Liquor Control Board, the state would have roughly 2.5 times the current number of stores, higher consumer surplus, and lower payments to liquor store employees. With just over half the number of stores that would maximize welfare, the government system is instead best rationalized as profit maximization with profit sharing. Government operation mitigates, but does not eliminate, free entry's bias against rural consumers. We find only limited evidence of political influence on entry.