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Full-Text Articles in Law
Hedonic Adaptation And The Settlement Of Civil Lawsuits, John Bronsteen, Christopher J, Buccafusco, Jonathan S. Masur
Hedonic Adaptation And The Settlement Of Civil Lawsuits, John Bronsteen, Christopher J, Buccafusco, Jonathan S. Masur
Faculty Scholarship
This Essay examines the burgeoning psychological literature on happiness and hedonic adaptation (a person's capacity to preserve or recapture her level of happiness by adjusting to changed circumstances), bringing this literature to bear on the probability of pretrial settlement in civil litigation. The existing economic and behavioral models of settlement are incomplete because they do not incorporate the effect of adaptation on the sum for which a plaintiff is willing to accept an offer. When an individual first suffers a serious injury, she will likely predict that the injury will greatly diminish her future happiness. However, during the time that …
Fairness Through Guidance: Jury Instruction On Punitive Damages After Phillip Morris V. Williams, Neil Vidmar, Matthew W. Wolfe
Fairness Through Guidance: Jury Instruction On Punitive Damages After Phillip Morris V. Williams, Neil Vidmar, Matthew W. Wolfe
Faculty Scholarship
Abstract not available
Eclecticism In Methods For Resolving Tort And Contract Conflict Of Laws: The United States And The European Union, William A. Reppy Jr.
Eclecticism In Methods For Resolving Tort And Contract Conflict Of Laws: The United States And The European Union, William A. Reppy Jr.
Faculty Scholarship
This Article analyzes the three types of eclecticism found in choice of law The first type, second-look eclecticism, is employed by courts when an initial choice-of-law method (territorialism, personal-law theory, or the better law approach) yields no conclusive result and so a second inquiry, based on a different choice-of-law method is undertaken. The second type, called depecage eclecticism, occurs when courts use one choice-of-law theory to resolve most of the issues in an area of law, but a different theory for particular issues arising out of the same area of law. The final type, big-mix eclecticism, finds expression in the …