Showing 1 - 10 of 1,041
We analyze liability rules in a setting where injurers are potentially insolvent and where negligence standards may … deviate from the socially optimal level. We show that proportional liability, which sets the measure of damages equal to the … negligence-based rules. Moreover, proportional liability outperforms strict liability if the standard of due care is not set too …
Persistent link: https://www.econbiz.de/10008458489
design issues for permit auction rules, permit expiration dates and banking, liability rules, and regulatory enforcement. …
Persistent link: https://www.econbiz.de/10008599547
Persistent link: https://www.econbiz.de/10008776322
This paper deals with legal damages if losses of chances are at stake. In response to disparate ad hoc rules that have emerged from legal practice in Europe, the present paper proposes a unifying principle to handle such cases. Quite generally, the purpose of a damages award is to compensate the...
Persistent link: https://www.econbiz.de/10005739664
Judges become ambitious decision makers when they face appellate review. This paper applies a contract theoretic perspective to the behavior of self-interested trial judges in a two-level court system and analyzes the consequences for contracting in “the shadow of” the court. Confronted with...
Persistent link: https://www.econbiz.de/10010991229
region of non-strict liability protection. All these three regions, and the related copyright doctrines, are explained by an … evidence theory of minimising the risk of court error in deciding infringement cases. …
Persistent link: https://www.econbiz.de/10005046363
error on the deterrent effect of the strict liability rule. In an asymmetric information setup both, underdeterrence and …
Persistent link: https://www.econbiz.de/10008570650
sufficient incentives for compliance. If increasing court accuracy in general is not feasible, the courts (and the legislator …
Persistent link: https://www.econbiz.de/10011154651
This paper investigates strategic forum selection approaches and compliance with interstate dispute resolution … compliance, (b) states strategically select among bilateral and third-party fora, and (c) anticipated settlement outcomes and … forum selection and compliance. Statistical analysis finds that states strategically select management approaches in two …
Persistent link: https://www.econbiz.de/10011165862
experiential deterrence, whereby facilities focus on recent experiences to shape their compliance behavior. Copyright Springer …
Persistent link: https://www.econbiz.de/10010987483