Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
The National Implications Of Liability Reforms For General Liability And Medical Malpractice Insurance, W. Kip Viscusi, Patricia Born
The National Implications Of Liability Reforms For General Liability And Medical Malpractice Insurance, W. Kip Viscusi, Patricia Born
Vanderbilt Law School Faculty Publications
The stabilization of the insurance market may lead to lower prices for products and for medical care, but will also generally lead to lower values of tort awards as well. If the social objective was simply to reduce losses, then that objective could be achieved by abolishing tort liability altogether. Our societal concerns are clearly much broader. In the absence of a more detailed assessment of the desirability of the reforms and their effect on injured parties, it would be premature to conclude that reform efforts that were successful in enhancing insurance market profitability should be judged a success from …
A Statistical Profile Of Pharmaceutical Industry Liability, 1976-1989, W. Kip Viscusi, Michael J. Moore, James Albright
A Statistical Profile Of Pharmaceutical Industry Liability, 1976-1989, W. Kip Viscusi, Michael J. Moore, James Albright
Vanderbilt Law School Faculty Publications
There is little question that the imposition of constraints on awards and other pro-defendant changes in the liability regime will reduce liability costs. However, the patterns observed in the federal courts are quite pronounced, far beyond what even the most ardent proponent of liability reform may have expected. Recent research analyzing the specific effect of liability reforms on general liability insurance and medical malpractice insurance suggests that these measures did have a significant role in limiting liability costs. 18 Damage cap reforms appear to have been particularly influential. However, the effect on liability insurance costs is not as dramatic as …
The Impact Of Environmental Liabilities On Privatization In Central And Eastern Europe: A Case Study Of Poland, Randall Thomas
The Impact Of Environmental Liabilities On Privatization In Central And Eastern Europe: A Case Study Of Poland, Randall Thomas
Vanderbilt Law School Faculty Publications
The Central and Eastern Europe (CEE) countries are breaking up their centrally planned economies at a record pace by selling formerly state-owned industrial enterprises to private sector investors. Privatization is expected to create more profit-oriented and efficient industries, a predicate for sustained long term economic growth. This transformation from public to private ownership presents tremendous challenges to these new democracies as they struggle to create market economies and democratic institutions.
Deterring Inefficient Pharmaceutical Litigation: An Economic Rationale For The Fda Regulatory Compliance Defense, W. Kip Viscusi
Deterring Inefficient Pharmaceutical Litigation: An Economic Rationale For The Fda Regulatory Compliance Defense, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
This Article examines the interaction between direct regulation of pharmaceuticals under the Federal Food Drug and Cosmetic Act (FDCA) and the indirect regulation of pharmaceuticals provided by common law tort incentives. The Article concludes that tort liability is generally inappropriate in cases where manufacturers have complied with the FDCA. The Article begins with a description of the FDCA's operation, and provides an overview of the Food and Drug Administration's (FDA) role in the drug approval process and drug labeling. This overview will demonstrate the need for centralized control over drug labeling. Moreover, we will provide an explanation of the costs …