compensation – rehabilitation as compensation – should become a more dominant theme in tort practice and theory. This would help …

It has been shown by Polinsky and Shavell that the strict liability rule is socially superior to the negligence … liability rule when firms are injurers, strangers are victims, and accidents have a unilateral nature if prefect competition … among firms prevails. This article considers the problem of socially efficient liability rules in a market where natural …

precedents in the diffusion of the strict liability rule for manufacturing defects. This new study tests which legal precedents … new state legislation appeared to influence courts’ propensities to adopt the strict liability rule. When the executive … Democratic Party – state courts were more inclined to adopt the strict liability rule. This last result contradicts an economic …

question: which of the many inputs that lead to an accident should be included in a court's liability analysis? As a result of … this missing theory, the economic analysis of tort law provides indeterminate prescriptions. The Article shows how three … separate areas of the literature can be seen as being about the general problem of which variables to include in the liability …

The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the … empirical world. This Article models the interaction of settlement dynamics and the theory of negligence. It shows that tort … liability. The effect is to promote a system of self-regulation of accidents in the shadow of uncertain government pricing …

defendants’ liability insurance; (2) mass tort defendants typically retain control over their defense, even when they recover … own funds to settle claims, obtaining indemnification from their liability insurers, if any, later; and (4) many mass tort … provides empirical support for two of the conceptual insights in Kenneth Abraham’s Liability Century: (1) the mismatch between …

We consider the optimal liability rule in the case of accidents by fully autonomous vehicles. We show that when due … activity is not enforceable, it is socially optimal to apply the strict liability rule to the human operator who determines the … comparative negligence in the unilateral activity case. Under the joint and several liability rule, both the manufacturer and the …