Exxon Shipping Co. v. Baker acknowledged that empirical studies undercut criticism of punitive damages. Paradoxically, the Court simultaneously expressed concern about jury predictability based on a high and variable punitive-compensatory ratio published in an article by the present authors. The...

This paper attempts to shed light on some factors determining the duration of disputes. To this aim a unique database is used, accounting for eight hundred judgments rendered by the Italian Regional Administrative Courts from 2000 to 2007. Our findings confirm that normative complexity hampers a...

Corporate actors differ from individuals in that it may be possible to observe the formation of the corporate will from outside, and to influence its formation. This feature can be exploited by regulators. One technique is inducing corporate actors to hire an interface actor, representing the...

This paper compares the effectiveness of regimes of strict liability and capped strict liability in an agency relationship among a regulatory agency and operators of risky activities. Under an assumption of double asymmetric information (wealth and efficiency in care effort), it shows that...

The economic analysis of tort law is extended to multi-party accidents with unobservable actions. Due to the requirement of no punitive damages, the problem resembles a team production problem. It is shown that asymmetry in the agents' impact on the stochastic damage function can be exploited to...

This study shows that the effects of judgment proofness on precaution depend on whether the injurer can reduce the probability of the accident, the magnitude of the harm, or both. Different legal solutions to the problem are examined: punitive damages, average compensation, undercompensation,...

The Family Smoking Prevention and Tobacco Control Act of 2009 requires the display of graphic health warnings on cigarette advertising and packaging in the United States. Debates over the permissibility of these new mandated health warnings under the unusually broad Free Speech Clause of the...

Shavell (1980) established that tort regimes fail to incentivize optimal activity levels. The bearer of residual loss adopts a socially optimal activity level; however, the nonbearer of residual loss will adopt an excessive level. We explore alternative liability rules, which distribute the cost...

This paper develops a protocol for using a familiar data set on force majeure provisions in corporate acquisitions agreements to tokenize and calibrate a machine-learning algorithm of textual analysis. Our protocol, built on regular expression (RE) and latent semantic analysis (LSA) approaches,...

This paper contributes to the interpretation of the standard of proof in criminal trials in two ways. First, it provides a purely utilitarian explanation as to why there are asymmetric costs associated with false convictions and acquittals. It relies on the fact that noncriminals may engage in...