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Social Sciences x Tort Law x clear all

The Basel Accord and the Value of Bank Differentiation

Eberhard Feess and Ulrich Hege.

in Review of Finance

October 2012; p ublished online July 2011 .

Journal Article. Subjects: Publicly Provided Goods; Tort Law. 17135 words.

The authors investigate optimal capital requirements in a model in which banks decide on their investment in credit scoring systems. The main result is that regulators should encourage...

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Cumulative Harm, Products Liability, and Bilateral Care

Andrew F. Daughety and Jennifer F. Reinganum.

in American Law and Economics Review

December 2013; p ublished online September 2013 .

Journal Article. Subjects: Tort Law; Market Structure, Firm Strategy, and Market Performance; Market Structure and Pricing. 10629 words.

We extend consideration of cumulative harm in products liability to the case of bilateral care. For this specification, the level of care and the level of output chosen by the firm are...

Designing Remedies to Compensate Plaintiffs for Unobservable Harms

Nathan Atkinson.

in American Law and Economics Review

October 2018; p ublished online September 2018 .

Journal Article. Subjects: Contract Law; Tort Law; Law and Economics; Information, Knowledge, and Uncertainy. 17594 words.

Abstract

Despite the vast sums transferred through the legal system, the foundations of the procedures used to compensate plaintiffs for unobservable losses...

Economics and Prescribed Fire Law in the United States

Jonathan Yoder, Marcia Tilley, David Engle and Samuel Fuhlendorf.

in Applied Economic Perspectives and Policy

January 2003; p ublished online January 2003 .

Journal Article. Subjects: Law and Economics; Renewable Resources and Conservation; Tort Law; Agricultural Economics. 7747 words.

Prescribed burning is increasingly recognized as a useful but risky land management and conservation tool. Common law relating to prescribed fire is generally predicated on negligence...

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Environmental law & the limits of markets

Jonathan Benson.

in Cambridge Journal of Economics

January 2018; p ublished online May 2017 .

Journal Article. Subjects: General Economics; Economic Methodology; Tort Law. 8986 words.

Abstract

A number of writers have drawn on Hayek’s epistemic defence of market institutions to argue that free-markets and tort law are best placed to overcome...

Growing Out of Trouble? Corporate Responses to Liability Risk

Todd A. Gormley and David A. Matsa.

in The Review of Financial Studies

August 2011; p ublished online April 2011 .

Journal Article. Subjects: Production and Organizations; Corporate Governance; Mergers and Acquisitions; Tort Law. 19909 words.

This article analyzes corporate responses to the liability risk arising from workers' exposure to newly identified carcinogens. We find that firms, especially those with weak balance...

Harm–Benefit Interactions

Oren Bar-Gill and Ariel Porat.

in American Law and Economics Review

March 2014; p ublished online September 2013 .

Journal Article. Subjects: Welfare Economics; Property Law; Tort Law; Contract Law. 10551 words.

We analyze a distinct category of cases—Harm–Benefit cases—in which harm to the victim is accompanied by benefit to the injurer. While liability should be imposed when the benefit exceeds...

The Impact of Noneconomic Damages Cap on Health Care Delivery in Hospitals

Anca M. Cotet.

in American Law and Economics Review

April 2012; p ublished online January 2012 .

Journal Article. Subjects: Economics of Health; Tort Law. 13227 words.

Previous literature focused on narrowly defined treatments reached conflicting conclusions about the association between tort reforms and treatment intensity. Using county-level panel data,...

Innovative Negligence Rules

Giuseppe Dari-Mattiacci and Luigi Alberto Franzoni.

in American Law and Economics Review

December 2014; p ublished online January 2014 .

Journal Article. Subjects: Tort Law; Law and Economics. 10292 words.

Often, injurers or victims (or both) can adopt a new technology that reduces the social costs of accidents. When adoption costs are not verifiable in court, optimal adoption decisions...

Media Influence on Courts: Evidence from Civil Case Adjudication

Claire S. H. Lim.

in American Law and Economics Review

March 2015; p ublished online March 2015 .

Journal Article. Subjects: Tort Law; Law and Economics; Other Economic Systems. 13343 words.

This paper quantitatively assesses media influence on civil case adjudication in U.S. state courts. It shows that media influence substantially mitigates disparity in damage awards across...

Noneconomic Damage Caps and Medical Malpractice Claim Frequency: A Policy Endogeneity Approach

Christine Piette Durrance.

in The Journal of Law, Economics, and Organization

December 2010; p ublished online September 2009 .

Journal Article. Subjects: Economics of Health; Tort Law. 8317 words.

Medical malpractice has received much attention in the media with highly publicized jury awards and reported consequences of excessive litigation. Health care and medical malpractice remain...

Of Tastes and Values

Guido Calabresi.

in American Law and Economics Review

December 2014; p ublished online September 2014 .

Journal Article. Subjects: General Economics; History of Economic Thought (to 1925); History of Economic Thought (1925 onwards); Economic Methodology; Microeconomics; Production and Organizations; Welfare Economics; Analysis of Collective Decision-making; Taxation, Subsidies, and Revenue; Publicly Provided Goods; Economics of Health; Education and Research Institutions; Law and Economics; Tort Law; Nonprofit Organizations and Public Enterprise; Capitalist Systems; Economic Sociology. 8249 words.

This lecture was delivered by Judge Calabresi upon receiving the Ronald H. Coase Medal at the Annual Meeting of the American Law and Economic Association at Stanford Law School on May 18,...

On Food Companies Liability for Obesity

Bénédicte Coestier, Estelle Gozlan and Stéphan Marette.

in American Journal of Agricultural Economics

February 2005; p ublished online February 2005 .

Journal Article. Subjects: Manufacturing; Economics of Health; Tort Law. 8180 words.

The U.S. food industry faces tobacco-style lawsuits for providing misleading information about health risks linked to the consumption of fatty products. This article investigates the link...

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Optimal Sharing of Foodborne Illness Prevention between Consumers and Industry: The Effect of Regulation and Liability

Brian Roe.

in American Journal of Agricultural Economics

May 2004; p ublished online May 2004 .

Journal Article. Subjects: Manufacturing; Household Behaviour and Family Economics; Tort Law; Agricultural Economics. 9231 words.

Consumers and the food industry can both prevent foodborne illness. Two questions are explored: what is the socially optimal level of preventative effort by each and can tort and regulatory...

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Optimal Standards of Negligence When One Party Is Uninformed of the Standards

Henrik Lando.

in The Journal of Law, Economics, and Organization

December 2010; p ublished online July 2009 .

Journal Article. Subjects: Law and Economics; Criminal Law; Tort Law. 7962 words.

This article analyzes optimal negligence standards when only one of two (future) parties will be informed of the standards. When the informed party is the injurer and acts first, the simple...

Over-optimism and lender liability in the consumer credit market

Elisabetta Iossa and Giuliana Palumbo.

in Oxford Economic Papers

April 2010; p ublished online April 2009 .

Journal Article. Subjects: Household Behaviour and Family Economics; Financial Regulation; Tort Law. 8487 words.

Credit purchases of consumer goods are commonly made upon terms governed by an agreement between the lender and the seller. The puzzle that the paper addresses is the issue that in this...

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Population-Based Liability Determination, Mass Torts, and the Incentives for Suit, Settlement, and Trial

Andrew F. Daughety and Jennifer F. Reinganum.

in The Journal of Law, Economics, and Organization

December 2010; p ublished online February 2009 .

Journal Article. Subjects: Law and Economics; Information, Knowledge, and Uncertainy; Tort Law. 15443 words.

We explore how the incentives of a plaintiff, when considering filing suit and bargaining over settlement, differ between suits associated with stand-alone torts cases and suits involving...

Product Recall and Liability

Xinyu Hua.

in The Journal of Law, Economics, and Organization

April 2011; p ublished online September 2009 .

Journal Article. Subjects: Tort Law; Market Structure, Firm Strategy, and Market Performance. 10327 words.

This article examines a firm's incentives to recall its product after learning that the product may harm consumers. It discusses whether courts should protect consumers who do not comply...

Product Safety, Buybacks, and the Post-Sale Duty to Warn

Kathryn E. Spier.

in The Journal of Law, Economics, and Organization

October 2011; p ublished online October 2009 .

Journal Article. Subjects: Information, Knowledge, and Uncertainy; Household Behaviour and Family Economics; Tort Law; Market Structure, Firm Strategy, and Market Performance. 10129 words.

A manufacturer learns a product's risks after it has been sold and distributed to consumers. When held strictly liable for product-related injuries, the manufacturer offers to repurchase...

PROVING CAUSATION IN PRIVATE ANTITRUST CASES

Hanns A. Abele, Georg E. Kodek and Guido K. Schaefer.

in Journal of Competition Law & Economics

December 2011; p ublished online December 2011 .

Journal Article. Subjects: Law and Economics; Antitrust Issues and Policies; Tort Law. 10130 words.

Private enforcement of antitrust damages critically hinges upon proof that an antitrust violation caused damage. Existing research narrowly focuses on the quantification of damages, but...