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Medical Malpractice : an Empirical Examination of the Litigation Process

Farber, Henry S.; White, Michelle J. - 2021

quality of medical care is an extremely important determinant of deferdants' medical malpractice liability. More generally, we …

Persistent link: https://www.econbiz.de/10013227888

Resolving Nuisance Disputes : The Simple Economics of Injunctive and Damage Remedies

Polinsky, A. Mitchell - 2021

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

Does Accuracy Improve the Information Value of Trials?

Malani, Anup - 2011

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

The Changing Landscape of Blockbuster Punitive Damages Awards

DelRossi, Alison F. - 2010

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

Salience Theory of Judicial Decisions

Bordalo, Pedro - 2013

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 Evolution of a Legal Rule

Niblett, Anthony - 2008

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

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/10013037306

Securing Property Rights

Glaeser, Edward L. - 2016

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

Subrogation and the Theory of Insurance When Suits Can Be Brought for Losses Suffered

Polinsky, Alan Mitchell - 2017

The theory of insurance is considered here when an insured individual may be able to sue another party for the losses that the insured suffered—and thus when an insured has a potential source of compensation in addition to insurance coverage. Insurance policies reflect this possibility through...

Persistent link: https://www.econbiz.de/10012959367

Health Shocks and Couples' Labor Supply Decisions

Coile, Courtney - 2021

Unexpected health events such as a heart attack or new cancer diagnosis are very common for workers in their 50s and 60s. These health shocks can result in a significant loss in family income if the worker reduces labor supply, but the family can also protect itself against this loss if the...

Persistent link: https://www.econbiz.de/10013219320