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 …

Previous research suggests that "direct" reforms to the liability system -- reforms designed to reduce the level of …

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 …

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 …

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 …

, focusing on the probability of imposition of sanctions, the magnitude and form of sanctions, and the rule of liability. We then …

A central result in the economic theory of liability is that, if an injurer's liability equals the victim's loss, then … either the rule of strict liability or the rule of negligence can induce the injurer to behave properly. However, for this … and, g fortiori, before any harm has occurred. This paper reevaluates the rules of strict liability and negligence when …

One of the principal results in the economic theory of liability is that, assuming litigation is costless, the rule of … strict liability with compensatory damages leads the injurer to choose the socially appropriate level of care. This paper … reexamines this result when litigation is costly. It is shown that strict liability with compensatory damages generally leads to …