The death of liability

LM LoPucki - Yale lJ, 1996 - HeinOnline
Think of the liability system as a poker game. Each person, corporation, or other entity in the
economy is a player. Players risk their chips, that is, their wealth, by tossing them into the …

The reasonable person

AD Miller, R Perry - NYUL Rev., 2012 - HeinOnline
This Article provides an innovative and definite answer to the most fundamental inquiry
about the reasonable person in tort law: Should reasonableness be a normative or a …

The costs of cigarettes: the economic case for ex post incentive-based regulation

JD Hanson, KD Logue - YAle lJ, 1997 - HeinOnline
Cigarette smoking causes over 420,000 deaths annually in the United States, roughly twenty
percent of all US deaths,'making cigarettes the single greatest preventable cause of death in …

The judgment-proof society

SG Gilles - Wash. & Lee L. Rev., 2006 - HeinOnline
In theory, tort law requires individual tortfeasors to compensate their victims for the wrongs
they have negligently or intentionally inflicted. Negligent tortfeasors must pay damages from …

The limits of regulation by insurance

KS Abraham, D Schwarcz - Ind. LJ, 2022 - HeinOnline
When all else fails, fall back on insurance. For many decades, that strategy has addressed a
number of important social problems, including postretirement income insecurity, 1 …

A Products Liability Theory for the Judicial Regulation of Insurance Policies

D Schwarcz - Wm. & Mary L. Rev., 2006 - HeinOnline
Many insurance law commentators believe that judges should regulate the substance of
insurance policies by refusing to enforce insurance policy terms that are exploitive or …

America on fire: climate change, wildfires & insuring natural catastrophes

CC French - UC Davis L. Rev., 2020 - HeinOnline
America is on fire. The damage, destruction, and loss of life caused by wildfires have
exploded over the past few decades. Nine of the ten worst fire seasons have occurred in the …

Corporate liability standards: When should corporations be held criminally liable

VS Khanna - Am. Crim. L. Rev., 2000 - HeinOnline
Corporate criminal liability is a frequently and hotly debated subject.'One issue that attracts
much attention is whether a corporation should be at" fault" or" culpable" before liability is …

Understanding Insurance Policies as Noncontracts: An Alternative Approach to Drafting and Construing These Unique Financial Instruments

CC French - Temp. L. Rev., 2016 - HeinOnline
Insurance policies commonly are understood to be a species of standardized contracts. This
Article challenges that conventional wisdom and argues that insurance policies do not …

Crowdfunding civil justice

R Perry - BCL Rev., 2018 - HeinOnline
The Article provides a systematic law and economics analysis of civil litigation crowdfunding.
It first distinguishes between investment-based and noninvestment-based crowdfunding …