Download or read book Three Essays on the Economics of Tort Law written by Michael P. Stone and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Three Essays in Law and Economics written by Joshua B. Fischman and published by . This book was released on 2006 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: (cont.) The parameters of the negotiation model and the judges' ideological inclinations are then estimated on a data set of sex discrimination cases using maximum likelihood estimation. The results find strong evidence that judges' votes are influenced by their panel colleagues, but that this influence mostly takes the form of outvoted judges joining the majority. However, judges in the minority appear to have a small but significant effect on case outcomes. The third chapter examines the impact of liability law on firms' investments in product safety when such investments take the form of fixed costs and liability does not apply equally to competing products. Using a model with one innovative good and one competitively supplied good, the paper finds that asymmetric liability deters safety innovation when the administration of the tort system is inefficient. When inefficiencies in the tort system are small, however, incentives to develop safer products may be stronger under asymmetric liability.
Download or read book Three Essays in the Economics of Law and Language written by Hugo Marc Mialon and published by . This book was released on 2004 with total page 115 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Three Essays in the Economics of Litigation written by James D. Miller and published by . This book was released on 1996 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Three Essays in Economics and Law written by Jonathan Brody Baker and published by . This book was released on 1986 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Three Essays on Law and Economics written by James Campbell Cooper and published by . This book was released on 2003 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Three Essays in Law and Economics written by Robert M. Hunt (econoom.) and published by . This book was released on 1996 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Three Essays in Law and Economics written by Asha Sadanand and published by . This book was released on 1984 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Three Essays on Law and Economics written by Steven Tokar and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Essays in Law and Economics written by Joshua Charles Teitelbaum and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dissertation consists of three essays in law and economics. The first chapter compares the efficiency of negligence and strict liability in unilateral accident cases when the injurer faces ambiguity about accident risk. It generalizes the standard accident model to allow for ambiguity by assuming the injurer is a Choquet expected utility maximizer and representing the injurer's beliefs about accident s risk with a neo-additive capacity. The central result is that neither strict liability nor negligence is generally efficient in the presence of ambiguity. A key implication of the results is that negligence is more robust to ambiguity, which may help explain why negligence is the general basis for accident liability under modern Anglo-American tort law. The second chapter examines how different allocation rules influence the risk that putative class members will opt out of a mass tort class action. It analyzes a two-stage model of class action formation. The main result is that the class will be asymptotically stable if the net recovery will be allocated pro rata by expected claim values, but may not be asymptotically stable if the net recovery will be shared equally or allocated pro rata by damage claims. Other results explore how the shape of the distribution of the plaintiffs' damage claims, the scale benefits of the class action, and the plaintiffs' probability of prevailing and bargaining power in settlement negotiations influence the stability of the class. The third chapter offers a model of analogical legal reasoning. Under the model, the outcome in the case at hand is a weighted average of the outcomes of prior cases, where the weights are a function of fact similarity and precedential authority. The main theoretical result is an axiomatization of similarity-weighted averaging with an exponential similarity function based on a quasimetric. The chapter also investigates whether the analogical model provides a better fit than a rule-based model (represented by a fractional polynomial) to the reported decisions by federal judges in U.S. maritime salvage cases from 1880 to 2007. The principal conclusion of the empirical analysis is that the rule-based model fits the data better than the analogical model.
Download or read book Three Essays on Torts written by Jane Stapleton and published by Oxford University Press, USA. This book was released on 2021-01-21 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays illustrate the advantages of 'reflexive' tort scholarship by contrasting the reflexive scholarship of judicial analysis with grand theory, then applying reflexive scholarship to the tort of negligence. The final essay presents a wider argument about human responsibility and legal conduct.
Download or read book Recognizing Wrongs written by John C. P. Goldberg and published by Harvard University Press. This book was released on 2020-02-04 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.
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 Select Essays in Anglo American Legal History written by Association of American Law Schools and published by . This book was released on 1907 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The American Illness written by F. H. Buckley and published by Yale University Press. This book was released on 2013-05-28 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVThis provocative book brings together twenty-plus contributors from the fields of law, economics, and international relations to look at whether the U.S. legal system is contributing to the country’s long postwar decline. The book provides a comprehensive overview of the interactions between economics and the law—in such areas as corruption, business regulation, and federalism—and explains how our system works differently from the one in most countries, with contradictory and hard to understand business regulations, tort laws that vary from state to state, and surprising judicial interpretations of clearly written contracts. This imposes far heavier litigation costs on American companies and hampers economic growth./div
Download or read book The Future of Law and Economics written by Guido Calabresi and published by Yale University Press. This book was released on 2016-01-28 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.
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:
