Working Paper No. 07-44:
Evidence: General Economic Analysis
Date Posted: 2007
The economic analysis of evidence law is relatively less developed than other areas of the law and economics literature, notwithstanding this subject's close relationship to other well-developed areas, most notably the economic analysis of procedural rules. This chapter first will develop some of the general issues raised by the economic analysis of evidence within the Anglo-American tradition of adversarial presentation. We will then proceed to consider the existing literature on specific topics in the law of evidence and related problems of pre-trial discovery and trial error.