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1. The First and Last Word in Debates: Plaintive Plaintiffs

Author:
Elena D'Agostino and Daniel J. Seidmann
Publication Date:
05-2017
Content Type:
Working Paper
Institution:
Nottingham Interdisciplinary Centre for Economic and Political Research (NICEP)
Abstract:
Is it better to have the first or the last word in debates? The answer, in two-round debates like common law trials, depends on whether litigants share the available evidence. If so, then litigants never prefer to present first, but may prefer to present second. However, litigants may otherwise prefer to present first because doing so replicates the follower's ex ante optimal commitment.
Topic:
Law, Courts, Debates, and Litigation
Political Geography:
Global Focus

2. Plaintive Plaintiffs: The First and Last Word in Debates

Author:
Elena D'Agostino and Daniel J. Seidmann
Publication Date:
09-2016
Content Type:
Working Paper
Institution:
Nottingham Interdisciplinary Centre for Economic and Political Research (NICEP)
Abstract:
Plainti¤s/prosecutors present their evidence before defendants in common law trials. We analyze a model of trials with the following properties. If litigants share a common pool of evidence then they never prefer to present …rst, but may prefer to present second. However, litigants may prefer to present …rst if they have di¤erent available evidence because presenting …rst replicates the follower’s ex ante optimal commitment. If litigants share available evidence then a litigant cannot prefer the option to choose the order after observing the available evidence over always presenting second; and it may prefer to always present second over having the option to choose the order.
Topic:
Politics, Law Enforcement, Courts, and Debates
Political Geography:
Global Focus and United States of America