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Reforms to the Joint and Several Liability rule (JSL) are one of the most common tort reforms and have been implemented by most US states. JSL allows plaintiffs to claim full recovery from one of the defendants, even if that defendant is only partially responsible for the tort. We develop a...
Persistent link: https://www.econbiz.de/10008628468
This paper navigates through the civil liability legal theory in studying its economic effects. It aims at giving an insight of the Islamic system of liability. To do so, it begins with a brief introduction of what a liability system is through a glance at the experience of the United States in...
Persistent link: https://www.econbiz.de/10008629570
The 1998 Master Settlement Agreement resolved the unprecedented litigation in which the states sought to recoup the cigarette-related Medicaid costs. The litigation was settled through a combination of negotiated regulatory requirements and financial payments of about $250 billion over 25 years....
Persistent link: https://www.econbiz.de/10008631101
This article uses economic categories to show how the reorganisation of civil procedure in the case of class action is not merely aimed at providing a more efficient litigation technology, as hierarchies (and company law) might do for other productive activities, but that it also serves to...
Persistent link: https://www.econbiz.de/10008914160
Class action, regulated by art. 140 of the Italian consumers’ code, is an important legal institution also related to pre-determination of payable damages.A recent class action, involving an Italian banking group, has been rejected by the Italian Court and provided the opportunity to address...
Persistent link: https://www.econbiz.de/10009132701
This entry for the forthcoming The New Palgrave Dictionary of Economics (Second Edition) surveys the economic analysis of five primary fields of law: property law; liability for accidents; contract law; litigation; and public enforcement and criminal law. It also briefly considers some...
Persistent link: https://www.econbiz.de/10009141792
The investments in informational and communicational technologies in the health field represent a for of investing in human capital because health and medical services will exceed the physician – patient relationship and the improvement of the physical and emotional condition of the...
Persistent link: https://www.econbiz.de/10009143821
This paper analyzes the output, abatement, and investment decisions made by a monopolistic polluter under environmental liability law. The model applied considers both integrated and end-of-pipe abatement technologies. We find that in the case of fixed technology, in many instances negligence...
Persistent link: https://www.econbiz.de/10009371353
This chapter provides a survey of much of the recent theoretical analysis of products liability. We start by describing an idealized model and providing the specific economic assumptions which underpin it. Later sections examine the effects of relaxing these assumptions, which has been the focus...
Persistent link: https://www.econbiz.de/10009320354
Law no. 678/2001, establishes special provisions regarding the judicial proceedings, with respect to investigating crimes of human trafficking, in two phases: the prosecution and trial. The reason for establishing these special provisions has its foundation in the nature of the crime of human...
Persistent link: https://www.econbiz.de/10009321804