Civil liability of rating agencies has to strike a balance between over-deterrence and overly lax behavior control. The … European Commission's Draft Proposal to amend the EU-Rating Regulation, could possibly be eliminated by procedural presumptions … or liability caps …

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 … use of the negligence rule is triggered by harm, the rule enjoys an intrinsic enforcement cost advantage over regulation …

interaction of these two systems has not been extensively studied. We examine four different facets of the regulation litigation …

regulation. The findings complicate the conventional academic story about the limited capabilities of tort law and its inevitable … displacement by more institutionally robust and sophisticated forms of regulation. Part I offers a brief introduction, followed in … environmental, health, and safety risks. Part III argues that the debate over tort law's potential as a risk regulation mechanism …

liability and the nature of the fair use doctrine could therefore gain valuable insight from the general theory and economic … mixed system of liability, which resorts to both strict liability and negligence to achieve the utilitarian aim of promoting …

also want to understand how these suit and settlement patterns have changed following the enactment of major regulation …

, which are stochastic. We analyze the implications of both of these features for the optimal regulation of pollution … exposure. We characterize the optimal path of pollution regulation and total expected costs under three different scenarios …

Liability and safety regulation are examined as means of controlling risks in a theoretical model of the occurrence of … accidents. According to the model, regulation does not result in appropriate reduction of risk -- due to the regulator's lack of … knowledge about risk -- nor does liability result in that outcome -- because the incentives it creates are diluted by the chance …