The Economics Of Us Tort Liability
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Author | : |
Publisher | : Congressional Budget Office |
Total Pages | : 52 |
Release | : 2003 |
Genre | : Business & Economics |
ISBN | : |
A CBO Study. Attempts to clarify the issues and policy options surrounding the tort system. Presents an economic perspective on tort liability. Outlines the strengths and weaknesses of tort liability as a tool for promoting economic efficiency and fairness. Discusses the available data on the benefits and costs of the tort system. Analyzes in qualitative terms the likely effects of various policy options for altering the system. Makes no recommendations.
Author | : Jennifer Arlen |
Publisher | : Edward Elgar Publishing |
Total Pages | : 668 |
Release | : 2013-11-29 |
Genre | : Law |
ISBN | : 1781006172 |
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
Author | : Daniel P. Kessler |
Publisher | : Hoover Institution Press |
Total Pages | : 0 |
Release | : 1999 |
Genre | : Insurance, Liability |
ISBN | : 9780817959623 |
Author | : Ajay Agrawal |
Publisher | : University of Chicago Press |
Total Pages | : 172 |
Release | : 2024-03-05 |
Genre | : Business & Economics |
ISBN | : 0226833127 |
A timely investigation of the potential economic effects, both realized and unrealized, of artificial intelligence within the United States healthcare system. In sweeping conversations about the impact of artificial intelligence on many sectors of the economy, healthcare has received relatively little attention. Yet it seems unlikely that an industry that represents nearly one-fifth of the economy could escape the efficiency and cost-driven disruptions of AI. The Economics of Artificial Intelligence: Health Care Challenges brings together contributions from health economists, physicians, philosophers, and scholars in law, public health, and machine learning to identify the primary barriers to entry of AI in the healthcare sector. Across original papers and in wide-ranging responses, the contributors analyze barriers of four types: incentives, management, data availability, and regulation. They also suggest that AI has the potential to improve outcomes and lower costs. Understanding both the benefits of and barriers to AI adoption is essential for designing policies that will affect the evolution of the healthcare system.
Author | : John C. P. Goldberg |
Publisher | : Harvard University Press |
Total Pages | : 393 |
Release | : 2020-02-04 |
Genre | : Law |
ISBN | : 0674246527 |
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.
Author | : Malabika Pal |
Publisher | : Taylor & Francis |
Total Pages | : 358 |
Release | : 2019-09-02 |
Genre | : Law |
ISBN | : 1000627497 |
This book looks at the negligence concept of tort law and studies the efficiency issue arising from the determination of negligence. It does so by scrutinizing actual court decisions from three common law jurisdictions – Britain, India and the United States of America. This volume fills a very significant gap, scrutinizing 52 landmark judgments from these three countries, by focussing on the negligent affliction of economic loss determined by common law courts and how these findings relate to the existing theoretical literature. By doing so, it examines the formalization of legal concepts in theory, primarily the question of negligence determination and liability, and their centrality in theories concerning tort law. This book will be very helpful for students, professors and practitioners of law, jurisprudence and legal theory. It will additionally be of use to researchers and academics interested in law and economics, procedure and legal history.
Author | : |
Publisher | : |
Total Pages | : 40 |
Release | : 2003 |
Genre | : |
ISBN | : |
Many controversies and policy issues surround the U.S. tort system, which holds parties liable for injuries to people or property. Critics charge that the system is costly and inefficient, arbitrary and open to abuse, and indirectly harmful through its adverse effects on economic vitality and consumers' choices. In contrast, defenders argue that the tort system serves important social objectives, such as compensating injury victims, improving product safety, and punishing egregious behavior. Several bills now before the Congress propose to change the rules that govern tort claims for medical malpractice and asbestos exposure and claims litigated as class actions. This Congressional Budget Office (CBO) study-prepared at the request of the Senate Budget Committee-attempts to clarify the issues and policy options surrounding the tort system by presenting an economic perspective on tort liability. The study outlines the strengths and weaknesses of tort liability as a tool for promoting economic efficiency and fairness, discusses the available data on the benefits and costs of the tort system, and analyzes in qualitative terms the likely effects of various policy options for altering the system. In keeping with CBO's mandate to provide objective, impartial analysis, this study makes no recommendations.
Author | : William M. Landes |
Publisher | : Harvard University Press |
Total Pages | : 356 |
Release | : 1987 |
Genre | : Business & Economics |
ISBN | : 9780674230514 |
Written by a lawyer and an economist, this is the first full-length economic study of tort law--the body of law that governs liability for accidents and for intentional wrongs such as battery and defamation. Landes and Posner propose that tort law is best understood as a system for achieving an efficient allocation of resources to safety--that, on the whole, rules and doctrines of tort law encourage the optimal investment in safety by potential injurers and potential victims. The book contains both a comprehensive description of the major doctrines of tort law and a series of formal economic models used to explore the economic properties of these doctrines. All the formal models are translated into simple commonsense terms so that the "math less" reader can follow the text without difficulty; legal jargon is also avoided, for the sake of economists and other readers not trained in the law. Although the primary focus is on explaining existing doctrines rather than on exploring their implementation by juries, insurance adjusters, and other "real world" actors, the book has obvious pertinence to the ongoing controversies over damage awards, insurance rates and availability, and reform of tort law-in fact it is an essential prerequisite to sound reform. Among other timely topics, the authors discuss punitive damage awards in products liability cases, the evolution of products liability law, and the problem of liability for "mass disaster" torts, such as might be produced by a nuclear accident. More generally, this book is an important contribution to the "law and economics" movement, the most exciting and controversial development in modern legal education and scholarship, and will become an obligatory reference for all who are concerned with the study of tort law.
Author | : G. Edward White |
Publisher | : Oxford University Press, USA |
Total Pages | : 428 |
Release | : 2003 |
Genre | : History |
ISBN | : 9780195139655 |
G. Edward White's 'Tort Law in America' is regarded as a standard in the field. Concise, accessible and wide-ranging, White's work represents a major work of legal scholarship, providing an enduring intellectual history of American tort law.
Author | : Mauro Bussani |
Publisher | : Cambridge University Press |
Total Pages | : 641 |
Release | : 2003-07-31 |
Genre | : Law |
ISBN | : 113943862X |
How far can tort liability expand without imposing excessive burdens upon individual activity? This comprehensive 2003 study of pure economic loss in Europe uses a fact-based comparative method and research into the laws of thirteen European countries. Includes a historical and analytical introduction to economic loss.