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Full-Text Articles in Law
Learning The Wrong Lessons From "An American Tragedy", David Bernstein
Learning The Wrong Lessons From "An American Tragedy", David Bernstein
Law & Economics Working Papers Archive: 2003-2009
This paper is a critique of Margaret Berger and Aaron Twerski, “Uncertainty and Informed Choice: Unmasking Daubert,” forthcoming in the Michigan Law Review. Berger and Twerski propose that courts recognize a cause of action that would allow plaintiffs who claim injury from pharmaceutical products, but who do not have sufficient evidence to prove causation, to recover damages for deprivation of informed choice. Berger and Twerski claim inspiration from the litigation over allegations that the morning sickness drug Bendectin caused birth defects.
Considering the criteria Berger and Twerski suggest for their proposed cause of action in the context of Bendectin, it …
How Liability Distorts Incentives Of Manufacturers To Recall Products, Omri Ben-Shahar
How Liability Distorts Incentives Of Manufacturers To Recall Products, Omri Ben-Shahar
Law & Economics Working Papers Archive: 2003-2009
The nature and likelihood of harms associated with products may be revealed over time. As more information is gathered, a manufacturer must decide whether to continue selling the product as is, or to recall it. The paper shows that existing products liability law gives the manufacturers bad incentive to recall products. It shows, counter-intuitively, that as the post-recall liability becomes more severe, manufacturers would be more likely to leave products in the market longer and more often than is socially desirable. It also demonstrates that the law hurts the incentives of manufacturers to acquire better information about the riskiness of …
Damage Caps: Recent Trends In American Tort Law, Mark K. Osbeck
Damage Caps: Recent Trends In American Tort Law, Mark K. Osbeck
Articles
Damage caps and other limitations on damages have become increasingly important in American tort law during the past thirty years. This trend shows no signs of abating; in fact, it has gained increasing momentum since President Bush took office in 2001. This chapter traces the evolution of damage caps and other limitations on damages and provides a summary of recent developments in this area.