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Book The Insurance deterrence Dilemma of Modern Tort Law

Download or read book The Insurance deterrence Dilemma of Modern Tort Law written by M. J. Trebilcock and published by . This book was released on 1986 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Accidental Justice

    Book Details:
  • Author : Peter A. Bell
  • Publisher : Yale University Press
  • Release : 1997-01-01
  • ISBN : 9780300078572
  • Pages : 286 pages

Download or read book Accidental Justice written by Peter A. Bell and published by Yale University Press. This book was released on 1997-01-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this even-handed and fascinating book, two leading tort experts explain to lay readers the strengths and weaknesses of our tort law system. They discuss tort law's compensatory and deterrent functions; its delays, fortuity, and high transaction costs (mostly in lawyer's fees); and its role in discouraging harmful - as well as, on occasion, useful - activities. Bell and O'Connell conclude with an objective review of such current reform enactments and proposals as no-fault insurance, caps on damages, and contingency fee reform.

Book Modern Tort Law and the Current Insurance Crisis

Download or read book Modern Tort Law and the Current Insurance Crisis written by George L. Priest and published by . This book was released on 1986 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Philosophical Foundations of Tort Law

Download or read book Philosophical Foundations of Tort Law written by David G. Owen and published by . This book was released on 1995 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives fromAristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal reponsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, and Israel.A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong.

Book Exploring the Domain of Accident Law

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.

Book Handbook of Insurance

Download or read book Handbook of Insurance written by Georges Dionne and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1970's, the research agenda in insurance was dominated by optimal insurance coverage, security design, and equilibrium under conditions of imperfect information. The 1980's saw a growth of theoretical developments including non-expected utility, price volatility, retention capacity, the pricing and design of insurance contracts in the presence of multiple risks, and the liability insurance crisis. The empirical study of information problems, financial derivatives, and large losses due to catastrophic events dominated the research agenda in the 1990's. The Handbook of Insurance provides a single reference source on insurance for professors, researchers, graduate students, regulators, consultants, and practitioners, that reviews the research developments in insurance and its related fields that have occurred over the last thirty years. The book starts with the history and foundations of insurance theory and moves on to review asymmetric information, risk management and insurance pricing, and the industrial organization of insurance markets. The book ends with life insurance, pensions, and economic security. Each chapter has been written by a leading authority in insurance, all contributions have been peer reviewed, and each chapter can be read independently of the others.

Book Tort Law

    Book Details:
  • Author : Ernest J. Weinrib
  • Publisher : Routledge
  • Release : 2018-04-27
  • ISBN : 1351760769
  • Pages : 919 pages

Download or read book Tort Law written by Ernest J. Weinrib and published by Routledge. This book was released on 2018-04-27 with total page 919 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2002. The first series of The International Library of Essays in Law and Legal Theory has established itself as a major research resource. The rapid growth of theoretically interesting scholarly work in law has increased a demand for a Second Series which includes significant recent work and also gives an opportunity to include additional areas of law. The new series follows the successful pattern established in the first of reproducing entire essays with the original page numbers as an aid to comprehensive research and accurate referencing. Volume editors have selected not only the most influential essays but those which they consider will be of greatest continuing importance. Each volume has an introduction which explains the context and the significance of the essays chosen.

Book Understanding Regulation

Download or read book Understanding Regulation written by Robert Baldwin and published by Oxford University Press on Demand. This book was released on 2012 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: An introduction to the practical and theoretical issues that are central to the study of regulation, which a particular focus on contested areas and how they are dealt with.

Book Tort Law and Economics

    Book Details:
  • Author : Michael Faure
  • Publisher : Edward Elgar Publishing
  • Release : 2009-01-01
  • ISBN : 1848447302
  • Pages : 565 pages

Download or read book Tort Law and Economics written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central goal of this book is to provide a state-of-the-art overview of the literature with respect to the economic analysis of tort law. It sure meets the challenge, offering with great expertise a comprehensive presentation of tort law in both economic and comparative perspectives. The clarity of the text, unusual in the law and economics literature, makes the book accessible to a broad readership of economists with a limited legal background and lawyers with limited economic skills. Olivier Moreteau, Louisiana State University, US Tort Law and Economics, ed. Michael Faure, provides a highly useful economic overview of the most important topics of tort law. The authors clearly show the main developments of the discussion, examining the results of recent studies and stating their own opinions. Detailed bibliographies are included. The volume has to be warmly recommended to friends and foes of economic analysis who are provided with a comprehensive update in this field while also indicating areas which critics have to focus on. Helmut Koziol, European Centre of Tort and Insurance Law, Austria This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker. Tort Law and Economics is part of the Encyclopedia of Law and Economics, and enables readers, some not familiar with law and economics, to obtain an insight in the relevant economic literature concerning tort law and economics. This book will be of interest to lawyers and economists, practitioners and academics interested in accident law, tort law, insurance and regulation. It will also appeal to students in economic analysis of law and policymakers working on prevention of accidents, tort law or compensation of accident victims.

Book Economic Analysis of Accident Law

Download or read book Economic Analysis of Accident Law written by Steven Shavell and published by Harvard University Press. This book was released on 2009-06-30 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accident law, if properly designed, is capable of reducing the incidence of mishaps by making people act more cautiously. Scholarly writing on this branch of law traditionally has been concerned with examining the law for consistency with felt notions of right and duty. Since the 1960s, however, a group of legal scholars and economists have focused on identifying the effects of accident law on people's behavior. Steven Shavell's book is the definitive synthesis of research to date in this new field.

Book Insurance and the Law of Obligations

Download or read book Insurance and the Law of Obligations written by Rob Merkin and published by OUP Oxford. This book was released on 2013-08-29 with total page 2353 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is widely acknowledged that insurance has a major impact on the operation of tort and contract law regimes in practice, yet there is little sustained analysis of their interaction. The majority of academic private lawyers have little knowledge of insurance law in its own right, and the amount of discussion directed to insurance in private law theory is disproportionately small in relation to its practical importance. Filling this substantial gap in the literature, this book explores the multiple influences of insurance in the law of obligations, and the nature and impact of insurance law as an inherent and significant aspect of private law. It combines conceptual and doctrinal analysis, informing the theoretical discussion of the nature of private law, including the role of judicial and public purpose, and the place of formalism and of contextualism in normative theories of private law. Arguing for the wider recognition of the multiple impacts of insurance, the book claims that recognition of the presence of insurance necessarily marks a departure from the two-party framework sometimes described as definitive of private law. The structured exploration and interpretation of the contemporary role of insurance in the law of obligations, and of its implications, illuminates this under-explored area of private law, and equips the reader for further enquiry and debate.

Book Philosophy and the Law of Torts

Download or read book Philosophy and the Law of Torts written by Gerald J. Postema and published by Cambridge University Press. This book was released on 2001-11-19 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice (such as responsibility, fault, negligence, due care, and duty to repair) to be understood? Is an explanation based on a conception of justice feasible? How are concerns of distributive and corrective justice related? What amounts to an adequate explanation of tort law? This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.

Book An Update on the Liability Crisis

Download or read book An Update on the Liability Crisis written by United States. Tort Policy Working Group and published by . This book was released on 1987 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Free to Judge

    Book Details:
  • Author : Michael Kang
  • Publisher : Stanford University Press
  • Release : 2023-08-22
  • ISBN : 1503636208
  • Pages : 257 pages

Download or read book Free to Judge written by Michael Kang and published by Stanford University Press. This book was released on 2023-08-22 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea that wealthy people use their money to influence things, including politics, law, and media will surprise very few people. However, as Michael S. Kang and Joanna Shepherd argue in this readable and rich study of the state judiciary, the effect of money on judicial outcomes should disturb and anger everyone. In the current system that elects state judges, the rich and powerful can spend money to elect and re-elect judges who decide cases the way they want. Free to Judge is about how and why money increasingly affects the dispensation of justice in our legal system, and what can be done to stop it. One of the barriers to action in the past has been an inability to prove that campaign donations influence state judicial decision-making. In this book, Kang and Shepherd answer that challenge for the first time, with a rigorous empirical study of campaign finance and judicial decision-making data. Pairing this with interviews of past and present judges, they create a compelling and persuasive account of people like Marsha Ternus, the first Iowa state supreme court justice to be voted out of office after her decision in a same-sex marriage case. The threat of such an outcome, and the desire to win reelection, results in judges demonstrably leaning towards the interests and preferences of their campaign donors across all cases. Free to Judge is thus able to identify the pieces of our current system that invite bias, such as judicial reelection, and what reforms should focus on. This thoughtful and compellingly written book will be required reading for anybody who cares about creating a more just legal system.

Book An Update on the Liability Crisis

Download or read book An Update on the Liability Crisis written by United States. Attorney General's Tort Policy Working Group and published by . This book was released on 1987 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Tort Theory

    Book Details:
  • Author : Kenneth D. Cooper-Stephenson
  • Publisher : Captus Press
  • Release : 1993
  • ISBN : 9780921801870
  • Pages : 448 pages

Download or read book Tort Theory written by Kenneth D. Cooper-Stephenson and published by Captus Press. This book was released on 1993 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: