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Pain and Suffering Damages Based on QALYs : Circumventing Victims' (and Juries') Hedonic Misperceptions
Karapanou, Vaia - 2012
Insights from psychology have recently found their way into tort law, suggesting that both victims and juries suffer from hedonic misperceptions which are attributed to the psychological phenomena of hedonic adaptation neglect and the focusing illusion, causing victims to exaggerate their...
Persistent link: https://www.econbiz.de/10014177756
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A Hedonic Approach to Radiation Contamination Damages
Morita, Hatsuru - 2013
The hedonic method is an econometric tool to calculate implicit evaluation of environmental factors by employing the fact that preference of residents is capitalized into housing price. This paper utilizes the change of land price after the radiation contamination caused by the accident at the...
Persistent link: https://www.econbiz.de/10014174905
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Intermediary liability and trade in follow‑on innovation
Cuntz, Alexander; Sahli, Matthias - In: Journal of cultural economics 48 (2024) 1, pp. 1-42
Persistent link: https://www.econbiz.de/10014502204
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The Flawed Hedonic Damages Measure of Compensation for Wrongful Death and Personal Injury
Viscusi, W. Kip - 2012
liability. The recent proposal that wrongful death victims be awarded hedonic damages in addition to the standard economic …
Persistent link: https://www.econbiz.de/10014220884
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On the Optimal Burden of Proof
Kaplow, Louis - 2015
The burden of proof is a central feature of adjudication, and analogues exist in many other settings. It constitutes an important but largely unappreciated policy instrument that interacts with the level of enforcement effort and magnitude of sanctions in controlling harmful activity. Models are...
Persistent link: https://www.econbiz.de/10014174145
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When a Jury Can’t Say No : Presumed Damages for Constitutional Torts
DiSarro, Anthony - 2012
Although the Supreme Court has twice rejected presumed damages as a remedy for constitutional violations, the Court of Appeals for the Second Circuit has endorsed the remedy at least for certain constitutional torts that result in a “loss of liberty”. Presumed damages for constitutional...
Persistent link: https://www.econbiz.de/10014178727
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Permanent Injunctions as Punitive Damages in Patent Infringement Cases
Heald, Paul J. - 2015
Although much ink has been spilled over the decision of the Supreme Court in eBay v. Mercexchange to modify the test for equitable relief in patent cases and to nullify the long-standing presumption that victims of infringement are always entitled to permanent injunctions, an obvious point is...
Persistent link: https://www.econbiz.de/10014181833
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Intrafamilial Tort Actions - Litigation or Immunity? (Hebrew)
Shmueli, Benjamin - 2014
Recently, there is a growing trend of filing intrafamilial tort actions, especially against spouses. In the past, and, to a certain extent, even at present, immunities existed in common law against tort litigation within the family. Is it appropriate today to block such claims, or should they be...
Persistent link: https://www.econbiz.de/10014184824
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Intraportfolio Litigation
Rose, Amanda M.; Squire, Richard - 2012
liability in such cases of “intraportfolio litigation.” Although corporae managers are typically rewarded for maximizing firm … informational value because the damages awards overstate the intraportfolio harm. Our theory thus provides lawmakers with a …
Persistent link: https://www.econbiz.de/10014185555
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Legal Precedents, Judicial Discretion, and the Diffusion of the Strict Liability Rule for Manufacturing Defects, 1963-87
Bird, Robert C.; Smythe, Donald J. - 2015
precedents in the diffusion of the strict liability rule for manufacturing defects. This new study tests which legal precedents … new state legislation appeared to influence courts’ propensities to adopt the strict liability rule. When the executive … Democratic Party – state courts were more inclined to adopt the strict liability rule. This last result contradicts an economic …
Persistent link: https://www.econbiz.de/10014205979