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Linkages between cases can arise because of exogenous factors such as correlated culpability or damages, or they can be generated by discretionary choices on the part of the litigants themselves or by legal doctrine and rules of procedure. INTRODUCTION This review provides a selective survey of recent work on the economics of settlement bargaining, emphasizing settings in which there are multiple (more than two) litigants. The research on multiple-litigant settlement bargaining has built on previous work on bilateral settlement bargaining and employs the tools used therein.

Am. J. Sociol. 99: 911–43 Schmidt E. 1965. Einf¨uhrung in die Geschichte 34 WHITMAN der deutschen Strafrechtspflege. G¨ottingen: Vandenhoeck & Ruprecht. 3rd ed. Sellin JT. 1976. Slavery and the Penal System. New York: Elsevier Shapiro M. 1981. Courts: A Comparative and Political Analysis. Chicago: Univ. Chicago Press Simon J. 1997. Governing through crime. In The Crime Conundrum, ed. G Fisher, L Friedman, pp. 171–90. Boulder, CO: Westview Sorokin P. 1962. Social and Cultural Dynamics: A Study of Change in Major Systems of Art, Truth, Ethics, Law, and Social Relationships.

In this approach, trials occur when there are irreconcilable conflicts between the litigants as to assessments over the likely outcome in court; these irreconcilable conflicts reflect differences the parties could not eliminate even if all information were commonly known. Analyses with irreconcilable assessments that drive the possibility of settlement failure are known as inconsistent priors analyses. Thus, the decision-theoretic models provide the possibility of inefficient settlement bargaining, but the cause of the inefficiency lies in intransigence on the part of the litigants.

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