already burdened by residual liability. We suggest that the interaction between evidence and substantive tort rules is an …

that this informational role of tort law is more pronounced under the rule of negligence than under strict liability, since … production of information under the negligence rule may render the negligence rule more efficient than strict liability when the … liability. Under strict liability, by contrast, the injurer will take out insurance, which induces moral hazard. The rule of …

that this informational role of tort law is more pronounced under the rule of negligence than under strict liability, since … production of information under the negligence rule may render the negligence rule more efficient than strict liability when the … liability. Under strict liability, by contrast, the injurer will take out insurance, which induces moral hazard. The rule of …

Twenty-five years have passed since courts first adopted market share liability, a theory under which a plaintiff … manufacturer that might have made the product. Courts have severely restricted the reach of this potentially powerful theory by … market share liability to a very small number of products.This Article argues that courts should eliminate the fungibility …