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Medical malpractice law and tort reform are contentious issues. In this paper we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation....
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Although all legal systems use some form of prejudgment or post-judgment interest, there is no substantive law & economics literature providing for a comprehensive theory on the impact, functioning and assessment of the judicial interest rate. Mainstream legal scholarship has usually dealt with...
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In this paper, we make three central arguments. The first important argument questions the implicit assumption of the activity-level effect literature that there is a monotonically increasing relationship between the probability of an accident's occurring and the quantity of the underlying risky...
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In this article we explore the incentive properties of academic tenure relative to alternatives that might be substitutes for tenure, in particular contractual damages. We emphasize the role of tenure in providing an incentive for incumbent faculty to reveal the characteristics of recruits and...
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