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In nuisance-type cases, legal commentators generally recommend -- and the courts seem to increasingly use -- the award of damages rather than the granting of an injunction of the harmed party. This essay compares the economic consequences of injunctive and damage remedies under a variety of...
Persistent link: https://www.econbiz.de/10013234407
We develop a model where products liability trials provide information to consumers who are not parties to the …
Persistent link: https://www.econbiz.de/10013125177
We present a model of judicial decision making in which the judge overweights the salient facts of the case. The context of the judicial decision, which is comparative by nature, shapes which aspects of the case stand out and draw the judge's attention. By focusing judicial attention on such...
Persistent link: https://www.econbiz.de/10013071907
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/10013037306
The theory of insurance is considered here when an insured individual may be able to sue another party for the losses …
Persistent link: https://www.econbiz.de/10012959367
not look like the perfectly competitive model on which the theory depends for its conclusions. Further, there are many …
Persistent link: https://www.econbiz.de/10013225411
quality of medical care is an extremely important determinant of deferdants' medical malpractice liability. More generally, we …
Persistent link: https://www.econbiz.de/10013227888
This article investigates the determinants of the blockbuster punitive damages awards of at least $100 million. As of the end of 2008, there had been 100 such awards with an average value of $3.0 billion. The U.S. Supreme Court decision in State Farm v. Campbell suggested a single digit upper...
Persistent link: https://www.econbiz.de/10013149974
The efficiency of common law rules is central to achieving efficient resource allocation in a market economy. While many theories suggest reasons why judge-made law should tend toward efficient rules, the question whether the common law actually does converge in commercial areas has remained...
Persistent link: https://www.econbiz.de/10012772379
discharges contaminate riparian properties belonging to multiple owners, and we compare property rules, liability rules, and … to liability rules when there are few parties and bargaining is feasible, but they excessively deter efficient pollution … liability rules to regulation. An empirical analysis of water quality in the U.S. before and after the Clean Water Act shows …
Persistent link: https://www.econbiz.de/10012982019