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The primary causal requirement that must be met for a negligent party to be held liable for a harm is a demonstration that the harm would not have occurred if the party had not been negligent. Thus, for a speeding driver to be found liable for harm done in a car accident, it must be shown that...
Persistent link: https://www.econbiz.de/10014287320
Licensed workers could be shielded from unemployment during recession since occupational licensing laws are asymmetric …-in-differences event study research design that exploits cross-state variation in licensing laws to compare the unemployment rate between …, we find that licensing shields workers from a recession-induced increase in the unemployment rate of 0.82 p.p. during …
Persistent link: https://www.econbiz.de/10014544764
We examine the relationship between product liability litigation and innovation by systematically combining data on … product liability lawsuits with data on new product introductions in a panel dataset of leading medical device firms. We first … suggest that product liability litigation affects the rate and direction of technological progress, and that safety regulation …
Persistent link: https://www.econbiz.de/10014512069
In this article I first describe the basic principles that parents employ in disciplining their children. The description is based on a survey of parents, the major results of which are that parental sanctions are premised on wrongdoing--not on the mere causation of harm; that parental sanctions...
Persistent link: https://www.econbiz.de/10014248008
Recent litigation against major tobacco companies culminated in a Master Settlement Agreement' (MSA) under which the participating companies agreed to compensate most states for Medicaid expenses. We outline the terms of the settlement and analyze whether it was a move toward economic efficiency...
Persistent link: https://www.econbiz.de/10012470990
Because the optimal level of medical malpractice liability depends on the incentives provided by the health insurance … system, the rise of managed care in the 1990s may affect the relationship between liability reform and defensive medicine. In … this paper, we assess empirically the extent to which managed care and liability reform interact to affect the cost of care …
Persistent link: https://www.econbiz.de/10012471238
Previous research suggests that "direct" reforms to the liability system -- reforms designed to reduce the level of …
Persistent link: https://www.econbiz.de/10012471241
In an earlier work, we analyzed how the legal rules governing contractual liability affect the transfer of information … between the parties to the contract. In particular, we showed how limitations on contractual liability might lead high … liability are and are not socially desirable. In an article forthcoming in the Stanford Law Review, Barry Adler develops a …
Persistent link: https://www.econbiz.de/10012471688
Congress may soon restrict joint and several liability for cleanup of contaminated sites under Superfund. We explore … costs. Recent theoretical research by Kornhauser and Revesz finds that joint and several liability may either encourage or … Superfund litigation. We find that joint and several liability does not discourage settlements and may even encourage them. Our …
Persistent link: https://www.econbiz.de/10012471702
injunctions. We investigate how damages under a liability rule and the opportunity for injunctions under a property rule can … affect the incentives to develop research tools. We show that the prevailing legal doctrine of damages under liability rule … rule with injunctions or by a liability rule under the doctrine of unjust enrichment …
Persistent link: https://www.econbiz.de/10012471710