Foundations of Law and Economics

Gains, Losses, and the Psychology of Litigation

Jeffrey J. Rachlinski

Year
1996
Venue
Southern California Law Review
Level
Advanced
Southern California Law Review cover
Archive-designed coverSouthern California Law Review

Summary

Applies prospect theory to litigation behavior by showing how perceived gains and losses can shape risk attitudes in settlement. The article links framing and loss aversion to plaintiff and defendant strategy, fee shifting, attorney counseling, and the limits of models that treat litigation choices as wealth-based expected-value calculations.

Citation

Jeffrey J. Rachlinski. "Gains, Losses, and the Psychology of Litigation." Southern California Law Review, 1996.

BibTeX

@article{Rachlinski1996Gains,
  title = {Gains, Losses, and the Psychology of Litigation},
  author = {Jeffrey J. Rachlinski},
  year = {1996},
  journal = {Southern California Law Review},
  url = {https://scholarship.law.cornell.edu/facpub/795/}
}
Original source: Cornell Law Scholarship Repository

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