Ronen Avraham explains why he thinks Jonathan Carmel is taking a good thing too far by proposing to take the tort lawyers out of the system altogether.

We evaluate the effect of tort reform on employer-sponsored health insurance premiums by exploiting state-level variation in the timing of reforms. Using a dataset of healthplans representing over 10 million Americans annually between 1998 and 2006, we find that caps on non-economic damages,...

Ronen Avraham proposes a system in which private firms compete to better regulate medical practice (not the government, not health associations, and not courts).

Scholars have been debating for years the comparative advantage of damages and specific performance. Yet, most work has compared a single remedy contract to another single remedy contract. But contract law provides the non-breaching party with a variety of optional remedies to choose from in...