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...

This is a survey of legal liability for accidents. Three general aspects of accident liability are addressed. The first is the effect of liability on incentives, both whether to engage in activities (for instance, whether to drive) and how much care to exercise (at what speed to travel) to...

Previous empirical studies of the incentive effects of medical malpractice liability have largely ignored the incentives of providers to restructure to protect assets. This study uses a large panel database to provide evidence on asset-shielding responses to the enactment of pro-plaintiff tort...

Legal liability for accidents determines the circumstances under which injurers must compensate injurers for harm. The effects of liability on incentives to reduce risk, on risk-bearing and insurance (both direct coverage for victims and liability coverage for injurers), and on administrative...

This is a survey of legal liability for accidents. Three general aspects of accident liability are addressed. The first is the effect of liability on incentives, both whether to engage in activities (for instance, whether to drive) and how much care to exercise (at what speed to travel) to...

Deployment of new technologies is vital to climate change policy but invariably poses difficult tradeoffs. Carbon capture and storage (CCS), which involves the capture and permanent burial of CO2 emissions, exemplifies this truth. CCS lacks the green appeal of renewable sources of power, and...

Ever wonder how you got that camera, television, or other product so cheap? The most likely answer is that it probably came from a “gray market” source. One of the most vexing and problematic areas of international trade for manufacturers has been “gray market” or “parallel...

This article reports the results of a study that uses social network analysis to compare the persuasiveness of legal precedents in the diffusion of the strict liability rule for manufacturing defects. This new study tests which legal precedents were most influential and also whether certain...

This paper will explore the efficacy of contractual exclusions of obligations of care or liability for negligence. It will begin by setting out some fundamental principles of construction of exclusive clauses affecting the tort liability of the parties to the contract. It will then turn to...

This essay highlights and pays tribute to Justice Thomas Cromwell’s contributions to Canadian fiduciary jurisprudence on the occasion of his retirement from the Supreme Court of Canada. The essay situates these contributions in the context of points of uncertainty in the Court’s earlier...