Foundations of Law and Economics
Gains, Losses, and the Psychology of Litigation
Jeffrey J. Rachlinski
- Year
- 1996
- Venue
- Southern California Law Review
- Level
- Advanced
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/}
}