Liability Maze

Author : Don DeWees,David Duff,Michael Trebilcock
Publisher : Oxford University Press
Page : 465 pages
File Size : 46,8 Mb
Release : 1996-01-04
Category : Law
ISBN : 9780195358551

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Exploring the Domain of Accident Law by Don DeWees,David Duff,Michael Trebilcock Pdf

In the mid 1980s, there was a crisis in the availability, affordability, and adequacy of liability insurance in the United States and Canada. Mass tort claims such as the asbestos, DES, and Agent Orange litigation generated widespread public attention, and the tort system came to assume a heightened prominence in American life. While some scholars debate whether or not any such crisis still exists, there has been an increasing political, judicial and academic questioning of the goals and future of the tort system. Exploring the Domain of Tort Law reviews the evidence on the efficacy of the tort system and its alternatives. By looking at empirical evidence in five major categories of accidents--automobile, medical malpractice, product-related accidents, environmental injuries, and workplace injuries--the authors evaluate the degree to which the tort system conforms to three normative goals: deterrence, corrective justice, and distributive justice. In each case, the authors review the deterrence and compensatory properties of the tort system, and then review parallel bodies of evidence on regulatory, penal, and compensatory alternatives. Most of the academic literature on the tort system has traditionally been doctrinal or, in recent years, highly theoretical. Very little of this literature provides an in-depth consideration of how the system works, and whether or not there are any feasible alternatives. Exploring the Domain of Tort Law contributes valuable new evidence to the tort law reform debate. It will be of interest to academic lawyers and economists, policy analysts, policy professionals in government and research organizations, and all those affected by tort law reform.

Author : United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee on the Consumer
Publisher : Unknown
Page : 240 pages
File Size : 52,7 Mb
Release : 1992
Category : Law
ISBN : UCAL:B5179895

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Product Liability by United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee on the Consumer Pdf

Author : United States. Congress. Senate. Committee on Commerce, Science, and Transportation
Publisher : Unknown
Page : 98 pages
File Size : 53,9 Mb
Release : 1997
Category : Conflict of laws
ISBN : PURD:32754067058424

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Product Liability Reform Act of 1997 by United States. Congress. Senate. Committee on Commerce, Science, and Transportation Pdf

Author : Colin F. Camerer,Howard Kunreuther
Publisher : Springer Science & Business Media
Page : 134 pages
File Size : 46,7 Mb
Release : 2012-12-06
Category : Business & Economics
ISBN : 9789401121927

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Making Decisions About Liability And Insurance by Colin F. Camerer,Howard Kunreuther Pdf

Two related trends have created novel challenges for managing risk in the United States. The first trend is a series of dramatic changes in liability law as tort law has expanded to assign liability to defendants for reasons other than negligence. The unpredictability of future costs induced by changes in tort law may be partly responsible for the second major trend known as the `liability crisis' - the disappearance of liability protection in markets for particularly unpredictable risks. This book examines decisions people make about insurance and liability. An understanding of such decision making may help explain why the insurance crisis resulted from the new interpretations of tort law and what to do about it. The articles cover three kinds of decisions: consumer decisions to purchase insurance; insurer decisions about coverage they offer; and the decisions of the public about the liability rules they prefer, which are reflected in legislation and regulation. For each of these three kinds of decisions, normative theories such as expected utility theory can be used as benchmarks against which actual decisions are judged.

Author : Peter W. Huber,Robert E. Litan
Publisher : Brookings Institution Press
Page : 529 pages
File Size : 49,9 Mb
Release : 2010-12-01
Category : Business & Economics
ISBN : 9780815720188

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The Liability Maze by Peter W. Huber,Robert E. Litan Pdf

With an ever-increasing number of liability lawsuits, are corporations electing to play it safe rather than risk the uncertainties accompanying innovation? In The Liability Maze experts address the issues surrounding safety and innovation and present the most detailed and comprehensive study to date on the actual impact of U.S. liability law. In recent decades it has been widely assumed that liability laws promote safety by significantly raising the price companies must pay for negligence, product defects and accidents. More recently, others have suggested that the broad and unpredictable sweep of these laws actually deters innovation. The risks of lawsuits are so great that corporations are showing more caution in product innovation than ever before. The contributors focus on five sectors of the economy where the liability system appears to have had the greatest effects, positive or negative: the private aircraft, automobile, chemical, and pharmaceutical industries, and the medical profession. They suggest that in many sectors liability law has hampered innovation. In others it has stimulated safety improvements, although perhaps not so much as vigilant safety regulations.

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher : Unknown
Page : 310 pages
File Size : 49,7 Mb
Release : 1993
Category : Business & Economics
ISBN : PSU:000021076565

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Uniform Federal Product Liability Law by United States. Congress. Senate. Committee on the Judiciary Pdf

Author : A. Mitchell Polinsky,Steven Shavell
Publisher : Elsevier
Page : 887 pages
File Size : 43,8 Mb
Release : 2007-11-21
Category : Business & Economics
ISBN : 9780444512352

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Handbook of Law and Economics by A. Mitchell Polinsky,Steven Shavell Pdf

Law can be viewed as a body of rules and legal sanctions that channel behavior in socially desirable directions - for example, by encouraging individuals to take proper precautions to prevent accidents or by discouraging competitors from colluding to raise prices. The incentives created by the legal system are thus a natural subject of study by economists. Moreover, given the importance of law to the welfare of societies, the economic analysis of law merits prominent treatment as a subdiscipline of economics. Our hope is that this two volume Handbook will foster the study of the legal system by economists. *The two volumes form a comprehensive and accessible survey of the current state of the field. *Chapters prepared by leading specialists of the area. *Summarizes received results as well as new developments.

Author : J. T. H. Johnson
Publisher : Unknown
Page : 248 pages
File Size : 46,7 Mb
Release : 1997
Category : Law
ISBN : STANFORD:36105060160806

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Our Liability Predicament by J. T. H. Johnson Pdf

Our Liability Predicament is a non-political and non-polemical discussion of our present-day liability system and its problems. It concludes that the culprit has been the gradual devolution of American tort law to the point where it actually encourages litigation, greed, and revenge, as opposed to the proclaimed aim of law as a method of settling disputes amicably, expeditiously and fairly. The book is divided into six sections; the first of which is devoted to the basic facts of tort law, how it evolved, and how it began to differ from the tort systems of other nations. The next section discusses the basic flaws and merits of the system, and concludes that the flaws considerably outweigh the merits. The third section discusses the need for basic reforms, particularly in incentives, cost, and complexity. The fourth section considers specific problems, with emphasis on automobile liability and professional malpractice. The fifth section discusses the divergent points of view regarding the tort system in the literature, as well as various proposals for reform, and the final section gives a short summary and conclusion.

Author : Robert Kuttner
Publisher : University of Chicago Press
Page : 436 pages
File Size : 47,5 Mb
Release : 1999-05-15
Category : Business & Economics
ISBN : 0226465551

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Everything for Sale by Robert Kuttner Pdf

In this highly acclaimed, provocative book, Robert Kuttner disputes the laissez-faire direction of both economic theory and practice that has been gaining in prominence since the mid-1970s. Dissenting voices, Kuttner argues, have been drowned out by a stream of circular arguments and complex mathematical models that ignore real-world conditions and disregard values that can't easily be turned into commodities. With its brilliant explanation of how some sectors of the economy require a blend of market, regulation, and social outlay, and a new preface addressing the current global economic crisis, Kuttner's study will play an important role in policy-making for the twenty-first century. "The best survey of the limits of free markets that we have. . . . A much needed plea for pragmatism: Take from free markets what is good and do not hesitate to recognize what is bad."—Jeff Madrick, Los Angeles Times "It ought to be compulsory reading for all politicians—fortunately for them and us, it is an elegant read."—The Economist "Demonstrating an impressive mastery of a vast range of material, Mr. Kuttner lays out the case for the market's insufficiency in field after field: employment, medicine, banking, securities, telecommunications, electric power."—Nicholas Lemann, New York Times Book Review "A powerful empirical broadside. One by one, he lays on cases where governments have outdone markets, or at least performed well."—Michael Hirsh, Newsweek "To understand the economic policy debates that will take place in the next few years, you can't do better than to read this book."—Suzanne Garment, Washington Post Book World

Author : Anonim
Publisher : Unknown
Page : 364 pages
File Size : 48,5 Mb
Release : 2003
Category : Electronic
ISBN : UOM:39015090380000

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108-1 Hearing: Potential Congressional Responses to The Supreme Court's Decision In State Farm Mutual Automobile Ins. Co. V. Campbell, Etc., Serial No. 48, September 23, 2003, * by Anonim Pdf

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Publisher : Unknown
Page : 364 pages
File Size : 44,7 Mb
Release : 2003
Category : Due process of law
ISBN : PURD:32754077084402

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Potential Congressional Responses to the Supreme Court's Decision in State Farm Mutual Automobile Ins. V. Cambell by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution Pdf

Author : Peter W. Huber,Robert E. Litan
Publisher : Brookings Institution Press
Page : 0 pages
File Size : 43,7 Mb
Release : 1991
Category : Law
ISBN : 0815737610

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The Liability Maze by Peter W. Huber,Robert E. Litan Pdf

Discusses the effect of liability laws in the private aircraft, automobile, chemical, and pharmaceutical industries and the medical profession

Author : Martin Neil Baily,Peter C. Reiss,Clifford M. Winston
Publisher : Brookings Institution Press
Page : 420 pages
File Size : 41,9 Mb
Release : 2010-12
Category : Business & Economics
ISBN : 0815719361

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Brookings Papers on Economic Activity by Martin Neil Baily,Peter C. Reiss,Clifford M. Winston Pdf

For almost thirty years, Brookings Papers on Economic Activity (BPEA) has provided academic and business economists, government officials, and members of the financial and business communities with timely research of current economic issues.Contents include:Articles“Product and Stock Market Responses to Automotive Product Liability Verdicts” by Steven Garber and John Adams“The Distribution of the Insurance Market Effects of Tort Liability” by Patricia H. Born and W. Kip Viscusi“The Link between Liability Reforms and Productivity: Some Empirical Evidence” by Thomas J. Campbell, Daniel P. Kessler, and George B. Shepherd“What Drives Venture Capital Fundraising” by Paul A. Gompers and Josh Lerner“Capital's Contribution to Productivity and the Nature of Competition” by Axel Börsch-Supan“Extending the East Asian Miracle: Microeconomic Evidence from Korea” by Martin Neil Baily and Eric Zitzewitz“The Tobacco Deal” by Jeremy Bulow and Paul Klemperer

Author : G. Alan Tarr
Publisher : Taylor & Francis
Page : 345 pages
File Size : 53,8 Mb
Release : 2024-01-22
Category : Political Science
ISBN : 9781000986914

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Judicial Process and Judicial Policymaking by G. Alan Tarr Pdf

An excellent introduction to judicial politics as a method of analysis, the eighth edition of Judicial Process and Judicial Policymaking focuses on policy in the judicial process. Rather than limiting the text to coverage of the U.S. Supreme Court, G. Alan Tarr examines the judiciary as the third branch of government, and weaves four major premises throughout the text: (1) Courts in the United States have always played an important role in governing and their role has increased in recent decades; (2) Judicial policymaking is a distinctive activity; (3) Courts make policy in a variety of ways; and (4) Courts may be the objects of public policy, as well as creators. New to the Eighth Edition Discusses appointments by Presidents Donald Trump and Joseph Biden to the federal courts, including the confirmations of Gorsuch, Kavanaugh, Coney Barrett, and Jackson to the Supreme Court Introduces the controversy of the Supreme Court’s “shadow docket” Analyzes the legal and political aftermath of the Dobbs v. Jackson Women’s Health Organization overruling Roe v. Wade Examines other key state and federal rulings on non-unanimous verdicts in criminal cases, gerrymandering, climate change, and separation between church and state

Author : Daniel P. Kessler
Publisher : University of Chicago Press
Page : 344 pages
File Size : 55,7 Mb
Release : 2010-12-20
Category : Law
ISBN : 9780226432212

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Regulation vs. Litigation by Daniel P. Kessler Pdf

The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.