Download or read book The Liability Maze written by Peter W. Huber and published by Brookings Institution Press. This book was released on 2010-12-01 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Exploring the Domain of Accident Law written by Don DeWees and published by Oxford University Press. This book was released on 1996-01-04 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Product Liability written by United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee on the Consumer and published by . This book was released on 1992 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Making Decisions About Liability And Insurance written by Colin F. Camerer and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Liability Maze written by Peter W. Huber and published by Brookings Institution Press. This book was released on 1991 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the effect of liability laws in the private aircraft, automobile, chemical, and pharmaceutical industries and the medical profession
Download or read book The economic effects of the liability system written by and published by Hoover Press. This book was released on with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Product Liability Reform Act of 1997 written by United States. Congress. Senate. Committee on Commerce, Science, and Transportation and published by . This book was released on 1997 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book 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 written by and published by . This book was released on 2003 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Potential Congressional Responses to the Supreme Court s Decision in State Farm Mutual Automobile Ins V Cambell written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2003 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Law Policy and Economics written by Nicholas Askounes Ashford and published by MIT Press. This book was released on 2008 with total page 1125 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past twenty-five years have seen a significant evolution in environmental policy, with new environmental legislation and substantive amendments to earlier laws, significant advances in environmental science, and changes in the treatment of science (and scientific uncertainty) by the courts. This book offers a detailed discussion of the important issues in environmental law, policy, and economics, tracing their development over the past few decades through an examination of environmental law cases and commentaries by leading scholars. The authors focus on pollution, addressing both pollution control and prevention, but also emphasize the evaluation, design, and use of the law to stimulate technical change and industrial transformation, arguing that there is a need to address broader issues of sustainable development. Environmental Law, Policy, and Economics,which grew out of courses taught by the authors at MIT, treats the traditional topics covered in most classes in environmental law and policy, including common law and administrative law concepts and the primary federal legislation. But it goes beyond these to address topics not often found in a single volume: the information-based obligations of industry, enforcement of environmental law, market-based and voluntary alternatives to traditional regulation, risk assessment, environmental economics, and technological innovation and diffusion. Countering arguments found in other texts that government should play a reduced role in environmental protection, this book argues that clear, stringent legal requirements--coupled with flexible means for meeting them--and meaningful stakeholder participation are necessary for bringing about environmental improvements and technologicial transformations.
Download or read book Proctor V Davis written by and published by . This book was released on 1996 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research Handbook on the Economics of Torts written by Jennifer Arlen and published by Edward Elgar Publishing. This book was released on 2013-11-29 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral anal
Download or read book Adverse Reactions to HIV Vaccines written by and published by Office of Technology Assessment. This book was released on 1995 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Our Liability Predicament written by J. T. H. Johnson and published by . This book was released on 1997 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Pharmaceutical Industry written by Ethan N. Parvis and published by Nova Publishers. This book was released on 2002 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Politicians consistently wage high-profile battles over prescription drugs and the companies that make them. The dilemma is balancing the pharmaceutical industry's need to make a profit with the public's need for affordable medical care. This book presents analyses of the federal government's regulation of the drug industry and the arguments over the prices of prescription drugs.
Download or read book Cutting Green Tape written by Roger Meiners and published by Routledge. This book was released on 2018-02-06 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hundreds of hazardous waste sites are on the Superfund National Priority List in the United States, and thousands more could become eligible. The Superfund has spent or ordered the spending of billions of dollars, with little apparent impact on human health risks. While public perception of the real or imagined hazardous nature of consumer and industrial substances has resulted in widespread attention to the issue, lawsuits have proliferated with liability aimed at "deep pockets" instead of individual agents who may be responsible. Contributors to Cutting Green Tape carefully examine the existence and severity of the toxic harms and liability problem, the erosion of a clear tort legal system to settle disputes, and whether a clearly defined system of property rights could be developed to reduce the dangers from toxic substances.Cutting Green Tape rethinks the nature and impact of today's environmental bureaucracy. Rather than continue unworkable, cumbersome, and often contradictory regulations, Cutting Green Tape prescribes a clearer tort legal system to settle disputes and demonstrates that clearly defined environmental property rights would reduce the threat of toxic substances. Among the many topics addressed are: air toxins policy; pollution, damages, and tort law; risk assessment, insurance, and public information; protecting groundwater; regulation of carcinogens; contracting for health and safety; and toxin torts by government.The book converges on a central theme: when common law remedies, with their burden of proof and standards of evidence, are replaced by the legislatively mandated regulatory regimes described, a problem emerges. The bureaucratic "tunnel vision" described by Justice Stephen Breyer, tends to take over. The police powers of the state are given to bureaucratic decision makers who are limited only by the blunt instrument of political influence, rather than by the need to show harm or wrongdoing in an unbiased court (as the police are), or by a budget on expenditures set by the Congress (as most bureaus are). The excesses described in the chapters thus result not from incompetence in the bureaus, but from the expansive powers granted to decision makers who are tightly focused on the narrow mission they see before them.
Download or read book Has the Supreme Court Limited Americans Access to Courts written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2010 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
