Minimum asset and liability insurance requirements must often be met in order for parties to participate in potentially harmful activities. Such financial responsibility requirements may improve parties' decisions whether to engage in harmful activities and, if so, their efforts to reduce risk....

This paper looks at cybersecurity and the protection of critical national infrastructure, as an area of systemic risk to society. In particular, it looks at the obligations and potential penalties which apply to cloud providers under the regulatory framework established by the EU’s Network and...

Regulation and the negligence rule are both designed to obtain compliance with desired standards of behavior, but they differ in a primary respect: compliance with regulation is ordinarily assessed independently of the occurrence of harm, whereas compliance with the negligence rule is evaluated...

Regulatory reform efforts in a broad range of industries have resulted in increased importance of competitive forces as a means to allocate resources and improve economic efficiency. A number of indicators suggest that such forces have been stronger in the United States than in most other OECD...

Previous empirical studies of the incentive effects of medical malpractice liability have largely ignored the incentives of providers to restructure to protect assets. This study uses a large panel database to provide evidence on asset-shielding responses to the enactment of pro-plaintiff tort...

Today's increasing rate of technological change results from the rapid growth in computer processing speed, when combined with the cost decline of processing capacity, and is of historical import. The daily life of billions of individuals worldwide has been forever changed by technology in just...

The WannaCry ransomware attack began on May 12, 2017, and is unprecedented in scale—quickly impacting nearly a quarter-million computers in over 150 countries. The WannaCry virus exploits a vulnerability to Microsoft Windows that was originally developed by the U.S. National Security Agency...

Overly strict legal standards are commonly thought to discourage parties from engaging in socially desirable activities. It is explained here, however, that excessive legal standards cannot lead to undesirable curtailment of activities when legal standards are enforced by liability for...

The doctrines of trademark genericism and functionality serve similar functions under the Lanham Act and the common law of unfair competition. Genericism, in the context of word marks, and functionality, for trade dress, bar trademark registration under the Lanham Act and, both under the Act and...

This article argues that benefit-cost analysis ("BCA") is extremely challenging in online child safety and digital privacy debates, yet it remains essential that analysts and policymakers attempt to conduct such reviews. While we will never be able to perfectly determine either the benefits or...