A large literature in law and economics analyzes the phenomenon of crime displacement and its implications for criminal law. Yet a similar phenomenon of harm displacement in the tort context has been ignored by scholars. We develop a simple model of bilateral accidents which allows for harm to...

In this Article we show how the biggest tort reform of the last decade was passed through the backdoor with the blessing of its staunchest opponents. We argue that the widely-endorsed apology law reform — a change in the national legal landscape that privileged apologies — is, in fact, a...

Economic analysis of tort law is central to the rise of the law and economics movement, bringing economic thinking into the heart of legal theory. Early economic analysis of tort law accomplished this fit through insistence on several distinct features. First, law and economics scholars made a...