Article provides recommended methods for applying a replacement cost theory to economic loss calculations for household services. Empirical studies are recommended for use in adjusting reported (lost) hours of services at injury or death, for factors which would be expected to change hours of...

In wrongful death cases, forensic economists consider personal consumption costs of a decedent when determining economic damages. Many previous consumption studies have ignored savings as delayed consumption in their figures. As a result, the economist’s deductions for a decedent’s...

This Article centers on understanding the current state of end of life decision-making in America and how Alternative Dispute Resolution (ADR) techniques can help to improve it. In this Article, which was awarded a 2003 Center for Public Resources (CPR) Award of Excellence, I aim to make three...

The concept of strict liability has important theoretical significance but almost no analytical or doctrinal traction. In fact, at least in the realm of abnormally dangerous activities, the function of quot;strict liabilityquot; should be, and is being, replaced by an analysis that examines the...

After the Supreme Court's gift of blanket immunity to generic drug manufacturers, these companies are dancing on the graves of their victims. In fact, one generic pharmaceutical defendant in a recent pre-trial motion actually alleged that “federal law allows it to ‘[keep] quiet its knowledge...

This Article explains the significance in Japan, hitherto little noticed elsewhere, of criminal law in regulating medical practice. The Article offers reasons of law and social structure for criminal law's role in Japanese medicine, reasons stemming in large part from the weakness of other...

Administrative regulations and tort law both impose controls on activities that cause mortality risks, but they do so in puzzlingly different ways. Under a relatively new and still-controversial procedure, administrative regulations rely on a fixed value of a statistical life representing the...

This article presents the first empirical evidence on the Chinese judicial assessment of pain and suffering damages for wrongful death. Drawing upon 1,225 Chinese judicial decisions of medical negligence resulting in a patient’s wrongful death, it investigates the empirical effects of various...

Police accountability is essential to uphold the social contract. Monitoring the monitors is, however, not without difficulty. This paper reveals how police departments exploit specific laws surrounding death investigations to facilitate the underreporting of police killings. Our results show...

For decades, corporate law played a pivotal role in regulating corporations across the United States. Consequently, Delaware, the leading state of incorporation, and its courts came to occupy a central and influential position in corporate law and governance. This, however, is no longer the...