Author :
Publisher : Congressional Budget Office
Page : 52 pages
File Size : 32,94 MB
Release : 2003
Category : Business & Economics
ISBN :
A CBO Study. Attempts to clarify the issues and policy options surrounding the tort system. Presents an economic perspective on tort liability. Outlines the strengths and weaknesses of tort liability as a tool for promoting economic efficiency and fairness. Discusses the available data on the benefits and costs of the tort system. Analyzes in qualitative terms the likely effects of various policy options for altering the system. Makes no recommendations.
Author :
Publisher :
Page : 40 pages
File Size : 32,7 MB
Release : 2003
Category :
ISBN :
Many controversies and policy issues surround the U.S. tort system, which holds parties liable for injuries to people or property. Critics charge that the system is costly and inefficient, arbitrary and open to abuse, and indirectly harmful through its adverse effects on economic vitality and consumers' choices. In contrast, defenders argue that the tort system serves important social objectives, such as compensating injury victims, improving product safety, and punishing egregious behavior. Several bills now before the Congress propose to change the rules that govern tort claims for medical malpractice and asbestos exposure and claims litigated as class actions. This Congressional Budget Office (CBO) study-prepared at the request of the Senate Budget Committee-attempts to clarify the issues and policy options surrounding the tort system by presenting an economic perspective on tort liability. The study outlines the strengths and weaknesses of tort liability as a tool for promoting economic efficiency and fairness, discusses the available data on the benefits and costs of the tort system, and analyzes in qualitative terms the likely effects of various policy options for altering the system. In keeping with CBO's mandate to provide objective, impartial analysis, this study makes no recommendations.
Author : Perry Beider
Publisher :
Page : 33 pages
File Size : 46,51 MB
Release : 2004-02-01
Category :
ISBN : 9780756739386
Many controversies surround the U.S. tort system, which holds parties liable for injuries to people or property. Critics charge that the system is costly and inefficient, arbitrary and open to abuse, and indirectly harmful through its adverse effects on econ. vitality and consumers' choices. Defenders argue that the tort system serves important social objectives, such as compensating injury victims, improving product safety, and punishing egregious behavior. This study presents an economic perspective on tort liability (TL). It outlines the strengths and weaknesses of TL as a tool for promoting economic efficiency and fairness, discusses the benefits and costs of the tort system, and analyzes the likely effects of various policy options for altering the system.
Author : Jennifer Arlen
Publisher : Edward Elgar Publishing
Page : 668 pages
File Size : 35,83 MB
Release : 2013-11-29
Category : Law
ISBN : 1781006172
Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral anal
Author : Michael Faure
Publisher : Edward Elgar Publishing
Page : 565 pages
File Size : 49,68 MB
Release : 2009-01-01
Category : Law
ISBN : 1848447302
The central goal of this book is to provide a state-of-the-art overview of the literature with respect to the economic analysis of tort law. It sure meets the challenge, offering with great expertise a comprehensive presentation of tort law in both economic and comparative perspectives. The clarity of the text, unusual in the law and economics literature, makes the book accessible to a broad readership of economists with a limited legal background and lawyers with limited economic skills. Olivier Moreteau, Louisiana State University, US Tort Law and Economics, ed. Michael Faure, provides a highly useful economic overview of the most important topics of tort law. The authors clearly show the main developments of the discussion, examining the results of recent studies and stating their own opinions. Detailed bibliographies are included. The volume has to be warmly recommended to friends and foes of economic analysis who are provided with a comprehensive update in this field while also indicating areas which critics have to focus on. Helmut Koziol, European Centre of Tort and Insurance Law, Austria This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker. Tort Law and Economics is part of the Encyclopedia of Law and Economics, and enables readers, some not familiar with law and economics, to obtain an insight in the relevant economic literature concerning tort law and economics. This book will be of interest to lawyers and economists, practitioners and academics interested in accident law, tort law, insurance and regulation. It will also appeal to students in economic analysis of law and policymakers working on prevention of accidents, tort law or compensation of accident victims.
Author : William M. Landes
Publisher : Harvard University Press
Page : 356 pages
File Size : 36,65 MB
Release : 1987
Category : Business & Economics
ISBN : 9780674230514
Written by a lawyer and an economist, this is the first full-length economic study of tort law--the body of law that governs liability for accidents and for intentional wrongs such as battery and defamation. Landes and Posner propose that tort law is best understood as a system for achieving an efficient allocation of resources to safety--that, on the whole, rules and doctrines of tort law encourage the optimal investment in safety by potential injurers and potential victims. The book contains both a comprehensive description of the major doctrines of tort law and a series of formal economic models used to explore the economic properties of these doctrines. All the formal models are translated into simple commonsense terms so that the "math less" reader can follow the text without difficulty; legal jargon is also avoided, for the sake of economists and other readers not trained in the law. Although the primary focus is on explaining existing doctrines rather than on exploring their implementation by juries, insurance adjusters, and other "real world" actors, the book has obvious pertinence to the ongoing controversies over damage awards, insurance rates and availability, and reform of tort law-in fact it is an essential prerequisite to sound reform. Among other timely topics, the authors discuss punitive damage awards in products liability cases, the evolution of products liability law, and the problem of liability for "mass disaster" torts, such as might be produced by a nuclear accident. More generally, this book is an important contribution to the "law and economics" movement, the most exciting and controversial development in modern legal education and scholarship, and will become an obligatory reference for all who are concerned with the study of tort law.
Author : Jenny Bourne Wahl
Publisher : Taylor & Francis
Page : 372 pages
File Size : 26,51 MB
Release : 1998
Category : Law
ISBN : 9780815330875
First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.
Author : Vincent R. Johnson
Publisher :
Page : 1124 pages
File Size : 46,68 MB
Release : 1999
Category : Law
ISBN :
Studies in American Tort Law introduces students to -- but is careful not to overwhelm them with -- law and economics. At appropriate junctures, economic issues are explored, as in connection with the negligence balancing test and the materials on damages, nuisance, and strict liability. The goal is not to view all of tort law through an economic lens, but to employ economic analysis when it is particularly useful. This approach allows professors from the law-and-economics school to use the materials in the text as a starting point for classroom discussions; those who eschew economic analysis can allow the economic commentary to stand on its own.Several features of the book are noteworthy: first, vivid, memorable cases are used as the primary vehicle for teaching torts, but special effort is also made to integrate statutory law into the text. In particular, careful attention is paid to the reflexive process through which judge-made law and legislation influence one another. Second, the significance of liability insurance is highlighted so that students come to appreciate the critical role that insurance plays in the resolution of real cases. Third, ethics notes are included throughout the book for the purpose of sensitizing students to the difficult ethical questions that practicing lawyers face each day. Fourth, the text explorers a number of issues associated with the law and feminism movement that raised questions of social justice of concern to all lawyers.The second edition of Studies in American Tort Law is completely up-to-date. It includes 14 new principal cases, citations to almost 600 new decisions, and a rich selection of materials reflecting the numerous recentlegislative changes to the law of torts. A fully revised second edition of the teacher's manual (Teaching Torts) and student study guide (Mastering Torts) will also be available.
Author : J. T. H. Johnson
Publisher :
Page : 248 pages
File Size : 26,75 MB
Release : 1997
Category : Law
ISBN :
Our Liability Predicament is a non-political and non-polemical discussion of our present-day liability system and its problems. It concludes that the culprit has been the gradual devolution of American tort law to the point where it actually encourages litigation, greed, and revenge, as opposed to the proclaimed aim of law as a method of settling disputes amicably, expeditiously and fairly. The book is divided into six sections; the first of which is devoted to the basic facts of tort law, how it evolved, and how it began to differ from the tort systems of other nations. The next section discusses the basic flaws and merits of the system, and concludes that the flaws considerably outweigh the merits. The third section discusses the need for basic reforms, particularly in incentives, cost, and complexity. The fourth section considers specific problems, with emphasis on automobile liability and professional malpractice. The fifth section discusses the divergent points of view regarding the tort system in the literature, as well as various proposals for reform, and the final section gives a short summary and conclusion.
Author : Eric Helland
Publisher : Independent Institute
Page : 146 pages
File Size : 33,53 MB
Release : 2015-08-24
Category : Law
ISBN : 159813244X
Is the U.S. tort system in crisis? CBS television's 60 Minutes has said the tort system metes out "jackpot justice," and Newsweek has called America a "Lawsuit Hell." Other observers of the legal system, however, argue that the tort crisis is a myth. Although both sides of the debate rely primarily on anecdote and the selective use of evidence, a sound diagnosis of the tort system requires a rigorous analysis of hard data, not a retelling of sensationalistic sound bites. In Judge and Jury: American Tort Law on Trial, economists Eric Helland and Alexander Tabarrok present their study of tens of thousands of tort cases from across the United States. The result is the most complete picture of the U.S. system of civil justice to date. Examining three of the key players of the tort system (juries, judges, and lawyers), Helland and Tabarrok conclude that the tort system is badly broken in some respects but functions surprisingly well in others.
