Limited liability may result in inefficient accident prevention, because a relevant portion of the expected harm is … externalized on victims. This paper shows that under some restrictive conditions further limiting liability by means of a liability …

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 …

example of a pre-Bankruptcy Code resolution of a mass tort through an insolvency scheme. The Comment agrees with McKenzie …

United States, the potential mechanisms for addressing mass tort liability as well as their shortcomings, the tools available … related claims for resolution in a single forum through litigation of common threshold issues of liability. The Article …

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 …

liability exacerbates the incentive problem even further. A Limited Seniority Rule, where the firm may issue senior debt up to …. Shareholder liability, mandatory liability insurance and punitive damages are also discussed"--National Bureau of Economic …

over-leveraging but leads to suboptimal incentives. Lender liability exacerbates the incentive problem even further. A … treated as junior to the tort claim, dominates these alternatives. Shareholder liability, mandatory liability insurance and … ; subordination ; lender liability ; limited seniority ; shareholder liability …