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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 …-bearing and insurance, for the liability system acts as an implicit insurer for accident victims and it imposes risk on potential …
Persistent link: https://www.econbiz.de/10014023514
Courts apply compensatory damages, restitution, and punitive damages to formulate litigants' civil remedies. The frequently contested policy justifications for these three remedies are often hazy and uncertain. The transitions between the three remedies are disputed. Lawyers and courts often...
Persistent link: https://www.econbiz.de/10013123105
This Article addresses the normative issues raised by the use of statistical sampling to adjudicate large case aggregations. In its recent decision, Wal-Mart Stores, Inc. v. Dukes, the Supreme Court referred to sampling pejoratively as “Trial by Formula.” This Article argues that the...
Persistent link: https://www.econbiz.de/10013108713
This article examines the procedures for determining damages in tort cases and assesses the empirical characteristics of these damages. Damages for economic loss involve noncontroversial economic concepts that seek to make the victim whole from a financial standpoint. Nevertheless, there is...
Persistent link: https://www.econbiz.de/10013112559
In the United States insurance is regulated both by state insurance commissions and class action litigation. The interaction of these two systems has not been extensively studied. We examine four different facets of the regulation litigation tradeoff. The first is to examine whether a...
Persistent link: https://www.econbiz.de/10013151431
This article argues that punitive, nominal, contemptuous, vindicatory, and disgorgement damages (commonly referred to as non-compensatory damages) can be collectively analysed as public interest damages because all these awards are justified by violations of public interests in addition to...
Persistent link: https://www.econbiz.de/10012843998
This article examines the Private International Law (Choice of Law in Tort) Bill, referred to the New Zealand Justice and Electoral Select Committee at the end of 2016. The authors explore the potential effects of the Bill, such as the abolition of the double actionability rule, along with...
Persistent link: https://www.econbiz.de/10012893752
The literature contains ambiguous findings as to whether statistical discrimination, e.g. in the form of racial profiling, causes a reduction in deterrence. These analyses, however, assume that enforcers' incentives are exogenously fixed. This article demonstrates that when the costs and...
Persistent link: https://www.econbiz.de/10012854274
viewing the liability rule (in torts and in its cognates) as a “second best” way of mimicking markets when markets “will not … work,” or “are not available.” I want to claim a more significant economic role for the liability rule, and hence for torts …
Persistent link: https://www.econbiz.de/10013049097
Author concerns himself with the question whether it is desirable that law only promotes economic goals. Acceptance of Posner's wealth maximization principle implicitly leads also to acceptance of current distribution of wealth and income. Calabresi doubts that acceptance of the latter is...
Persistent link: https://www.econbiz.de/10013057127