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This lecture for the Foundation for Law, Justice and Society, at Wolfson College, University of Oxford, addresses the cost to society of pharmaceutical mass tort litigation, nearly 15 years after the withdrawal by Merck & Co., Inc. of Vioxx® (rofecoxib) from markets worldwide.When Merck...
Persistent link: https://www.econbiz.de/10012868610
lawsuits can take place in the nation where the spill occurred under that nation’s laws; alternatively, a liability claim can … laws to seek large payments or remediation commitments.This type of border-jumping liability litigation has always had its …
Persistent link: https://www.econbiz.de/10013219092
under a civil liability regime. The literature generally holds that regulation should be the primary instrument to promote … environmental care, but that environmental liability can have a supplementary effect. However, little is known empirically on how … environmental liability actually supplements regulation and whether this combination can in fact be considered efficient. This paper …
Persistent link: https://www.econbiz.de/10014153117
Reasons for the joint use of ex ante regulation and ex post liability to cope with environmental accidents have been a … evidence that liability may be a complement to regulation by encouraging aspects of care that cannot be regulated at reasonable … costs, especially human behaviour and organization within dangerous entities. An unexpected effect of liability is observed …
Persistent link: https://www.econbiz.de/10014155882
uncertainty problems in liability. A widely held view among Law & Economics scholars is that civil liability alone is not well … civil liability rule, it is therefore advocated that a regulatory system be implemented combined with a public insurance … scheme, or, alternatively, to go for a mix of regulation and civil liability. Such a mix of regulation and civil liability …
Persistent link: https://www.econbiz.de/10014155883
With the case of Lliuya v. RWE, climate change litigation has come to Germany. The article explores the German law of … liability, i.e. scope of protection, duty of care, breach of duty, regulatory compliance defense, are examined. Another …
Persistent link: https://www.econbiz.de/10013238344
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Persistent link: https://www.econbiz.de/10012177474
Law is the way civilized societies provide for the conduct of citizens to enhance harmony and optimize achievement of personal liberties. Our laws are an attempt to deal with many of the most horrible ways humans treat each other. Laws are also divided into many sub-specialties, each requiring...
Persistent link: https://www.econbiz.de/10014344070
Our laws have sought to promote “and enforce a sense of morality in the business community. Well-settled laws regulating fraud, undue influence, fiduciary relationships, confidential information, truth-in-advertising, fair reporting practices, etc., have their origins in moral codes and...
Persistent link: https://www.econbiz.de/10014359157