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Reforms to the Joint and Several Liability rule (JSL) are one of the most common tort reforms and have been implemented …
Persistent link: https://www.econbiz.de/10013150647
We examine the impact of tort reforms using U.S. birth records for 1989-2001. We make four contributions: First, we develop a model that analyzes the incentives created by specific tort reforms. Second, we assemble new data on tort reform. Third, we examine a range of outcomes. Finally, we allow...
Persistent link: https://www.econbiz.de/10012760691
importance in controlling harmful externalities. I compare the tax and liability here in theory and suggest that the conclusions … harmful externalities, its actual use has been limited, mainly to the domain of pollution. Liability, in contrast, has great … help to explain the observed predominance of liability over taxation, except in the area of pollution. The following …
Persistent link: https://www.econbiz.de/10013139749
Taxation and liability are compared here as means of controlling harmful externalities. It is emphasized that liability … liability does not require the state to determine expected harm - it requires only that injurers pay for harm that occurs …. However, taxation enjoys an advantage over liability: incentives under liability are diluted to the degree that injurers might …
Persistent link: https://www.econbiz.de/10013139750
This article studies how liability for environmentally harmful discharges affects the incentives of firms to engage in …
Persistent link: https://www.econbiz.de/10013124354
We develop a model where products liability trials provide information to consumers who are not parties to the …
Persistent link: https://www.econbiz.de/10013125177
Regulation and the negligence rule are both designed to obtain compliance with desired standards of behavior, but they differ in a primary respect: compliance with regulation is ordinarily assessed independently of the occurrence of harm, whereas compliance with the negligence rule is evaluated...
Persistent link: https://www.econbiz.de/10013100136
liability rules on incentives to reduce accident risks. Then consideration of accident law is broadened (chapter 5) to reflect … the effect of liability rules on compensation of victims and the allocation of risk. In this regard a central issue is the … roles of victims' insurance and of liability insurance, and how they alter the incentives inherent in liability rules …
Persistent link: https://www.econbiz.de/10013105846
This paper analyzes the normative role for civil liability in aligning terrorism precaution incentives, when the …;optimalquot; liability regime indeed exists, its features appear at odds with conventional legal templates. For example, it frequently …
Persistent link: https://www.econbiz.de/10012778272
liability exacerbates the incentive problem even further. A Limited Seniority Rule, where the firm may issue senior debt up to …. Shareholder liability, mandatory liability insurance and punitive damages are also discussed …
Persistent link: https://www.econbiz.de/10012766333