Two methods for pricing an externality -taxes and strict liability- are modeled as lobbying contests with endogenous numbers of participants. In the tax contest, a regulator is susceptible to lobbying by polluters and victims. Under liability, the court's view is affected by legal representation.

Stabilizing pollution levels in the long run is a pre-requisite for sustainable growth. We develop a neoclassical growth model with endogenous emission reduction predicting that, along optimal sustainable paths, pollution growth rates are (i) positively related to output growth (scale effect)...

The pollution-convergence hypothesis is formalized in a neoclassical growth model with optimal emissions reduction: pollution growth rates are positively correlated with output growth (scale effect) but negatively correlated with emission levels (defensive effect). This dynamic law is...

Sentences for employers convicted of offences under NZ health and safety in employment law have been subject to constraints from two main sources (i) legislation; and (ii) guideline judgment cases. This paper analyses the determinants of HSE offences over the period following the introduction of...

Apparent inconsistency in criminal sentencing at District Court level in New Zealand (NZ) might also be expected for health and safety in employment (HSE) offences. We review relevant legislation and the guidelines established in the de Spa appeal case, and estimate a model of HSE sentencing...

Is liability law a suitable instrument for controlling externalities? The optimistic view from the law and economics literature conflicts with observed outcomes from jurisdictions relying on a tort-based procedure for controlling externalities. This discrepancy can be attributed to the fact that...

In addition to penalties imposed for breaches of statutory duties in the event of workplace accidents involving physical harms, New Zealand's Health and Safety in Employment Act 1992 also provides for penalties where accidents have not occurred. Ordinary negligence rules are ex post in that both...

It has been widely argued that tort law can provide an effective decentralizes mechanism by which a socially optimal level of externality control can be achieved. I reconsider this argument in the very common situation in which there are multiple contributors to an incident of external damages,...

Sentences for employers convicted of offences under NZ health and safety law have been subject to constraints from two main sources (i) legislation; and (ii) guideline judgment cases. Their effect is to effectively split sentencing into three distinct time periods, viz., the period following the...

Sentences for employers convicted of offences under NZ health and safety law have been subject to constraints from two main sources (i) legislation; and (ii) guideline judgment cases. Their effect is to effectively split sentencing into three distinct time periods, viz., the period following the...