Document Type

Article

Journal/Book Title/Conference

The Journal of Law and Economics

Volume

61

Issue

4

Publisher

University of Chicago Press

Publication Date

11-2018

First Page

711

Last Page

738

Abstract

A peremptory-challenge procedure allows the parties to a jury trial to dismiss some prospective jurors without justification. Complex challenge procedures offer an unfair advantage to parties who are better able to strategize. I introduce a new measure of strategic complexity based on level-k thinking and use this measure to compare challenge procedures often used in practice. In applying this measure, I overturn some commonly held beliefs about which jury selection procedures are strategically simple.

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