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Reasons for the joint use of ex ante regulation and ex post liability to cope with environmental accidents have been a … general trend toward a clear division of labour between regulation and liability: when both are jointly used, liability …. An unexpected effect of liability is observed: judges are more severe with the most regulated firms and public agents …
Persistent link: https://www.econbiz.de/10010857519
uncertainty problems in liability. A widely held view among Law & Economics scholars is that civil liability alone is not well … civil liability rule, it is therefore advocated that a regulatory system be implemented combined with a public insurance … scheme, or, alternatively, to go for a mix of regulation and civil liability. Such a mix of regulation and civil liability …
Persistent link: https://www.econbiz.de/10010857524
This paper elaborates on a basic model of mass tort litigation, highlighting the existence of positive informational externalities afforded by the discovery process (as a general technology of production of evidences) in order to study when a class action is formed, or when a sequence of...
Persistent link: https://www.econbiz.de/10008587826
. Contracts; 3. The Methodological Count); II. Torts in General (1. Car-Lessor's Liability; 2. quot;No play, No payquot; Rules; 3 … Malpractice; 7. Consumer Fraud; 8. Premises Liability; 9. Sexual Assault); III. Products Liability (1. Inverse Conflicts; 2 …
Persistent link: https://www.econbiz.de/10012777844
This Article is an invited contribution to a symposium held at Duke University Law School under the title quot;The New European Choice-of-Law Revolution: Lessons for the United States?quot; The Article disputes part of this title by contending that, unlike its American counterpart, European...
Persistent link: https://www.econbiz.de/10012772446
The aim of this paper is to investigate whether the She oil company, through investment and crude oil exploration, benefits socio-economic growth in Nigeria in general and in the Niger Delta of Nigeria in particular. In 1998, the United Nations Special Rapporteur's report on Nigeria accused...
Persistent link: https://www.econbiz.de/10008835337
Anderson in the Agent Orange product liability ATS case heard before Judge Jack B. Weinstein. I have posted the declaration and … amplifies on views stated in the declaration that corporate and civil liability do not exist in international law, and discusses …
Persistent link: https://www.econbiz.de/10012780195
, among others. The Declaration then turns and takes up the question of corporate liability in international law, taking the … view that it does not exist, and that ATS cases in US courts have created from whole cloth both civil liability in … international law as well as liability for corporate, rather than individual, actors. It does so by analyzing relevant portions of …
Persistent link: https://www.econbiz.de/10012780196
When several plaintiffs file individually a lawsuit against the same tortfeasor, the resolution of the various cases through repeated trials produces positive informational externalities, which benefit to the later plaintiffs (since there exist precedents, jurisprudence...). Thus, the first...
Persistent link: https://www.econbiz.de/10005835968
There have long been claims that compensations for noneconomic damages are random because tort law does not provide clear guidance regarding these compensations. I investigate, in both settled and tried medical malpractice cases, whether noneconomic damage payments are arbitrary and what...
Persistent link: https://www.econbiz.de/10008765896