This chapter — to be included in Research Handbook on the Economics of Torts (Arlen ed., Kluwer, forthcoming 2012) — assesses economic rationales for punitive damages in light of contemporary empirics and doctrine. The primary economic rationale for supra-compensatory damages is optimal...

In this paper, we examine the link between innovative activity on the part of firms, the competitive pressure to introduce innovations and punitive damage awards. While innovative activity brings forth valuable new products for consumers, competitive pressure in the ensuing innovation race...

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...

The law often limits the liability of an intermediary for the speech it carries. And rightly so, because imposing liability on intermediaries can induce them to filter out questionable content and this “collateral censorship” risks suppressing much lawful, even highly beneficial, speech. The...

Causation is one of the most underexplored areas in antitrust law. What must a plaintiff show to connect a defendant’s conduct with anticompetitive effects? Several tests are possible, including “but for” causation, proximate cause, sole causation, reasonable connection, and increased...

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...

This paper studies the combined effects of legal fees and legal expenses insurance. We use a litigation model to compare litigants' settlement decisions under a before-the-event insurance plus an hourly fee contract (BTE) and an after-the-event insurance plus a conditional fee contract (ATE)....

This article undertakes a critical analysis of the Restatement (Third) of Torts: Products Liability, to determine if it properly balances the competing goals of protecting individual rights and promoting social welfare. It uses the same contrasting analysis that Professor George Fletcher applied...

This chapter provides a survey of much of the recent theoretical analysis of products liability. We start by describing an idealized model and providing the specific economic assumptions which underpin it. Later sections examine the effects of relaxing these assumptions, which has been the focus...

A subtle shift has taken place in the mechanics of preemption, the doctrine that determines when federal law displaces state law. In the past, Congress was the leading actor, and courts and commentators focused almost exclusively on the precise wording of its statutory directives as a clue to...