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Full-Text Articles in Law

Valuing The Risk Of Workplace Sexual Harassment, Joni Hersch Oct 2018

Valuing The Risk Of Workplace Sexual Harassment, Joni Hersch

Vanderbilt Law School Faculty Publications

Using data on sexual harassment charges filed with the Equal Employment Opportunity Commission, I calculate the risk of sexual harassment by gender, industry, and age and establish that white females, but not nonwhite females, receive a compensating wage differential for exposure to a higher risk of sexual harassment. I use this risk premium to calculate the value of statistical harassment (VSH) in a manner analogous to the calculation of the value of statistical life (VSL). The VSH is around $7.6 million, about three-quarters of the size of the most-commonly cited levels of the VSL, and far above the maximum damages …


The Heterogeneity Of The Value Of Statistical Life: Introduction And Overview, W. Kip Viscusi Jan 2010

The Heterogeneity Of The Value Of Statistical Life: Introduction And Overview, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The refinement in worker fatality risk data used in hedonic wage studies and evidence from new stated preference studies have facilitated the exploration of the heterogeneity of the value of statistical life (VSL). Although the median VSL estimate for workers is $7-$8 million, the VSL varies considerably within the worker population. New estimates of the income elasticity of VSL are 1.0 or above, which are consistent with theoretical models linking VSL to the coefficient of relative risk aversion. The specific relationship between VSL and risk aversion is, however, more complex than previously understood. Age differences in VSL are substantial, with …


Saving Lives Through Punitive Damages, Joni Hersch, W. Kip Viscusi Jan 2010

Saving Lives Through Punitive Damages, Joni Hersch, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

This Article proposes that the value of statistical life ("VSL ") be used to set the total damages amount needed for deterrence when punitive damages are warranted in wrongful death cases. The appropriate level of total damages should be achieved by adjusting the value of punitive damages. Compensatory damages should not be distorted to establish the total damages level needed for efficient deterrence. Attempts to introduce hedonic damages as a compensatory damages component, and proposals to use the VSL on a routine basis when setting compensatory damages awards, are misguided and will undermine the insurance and compensation functions of compensatory …


Safety At Any Price, W. Kip Viscusi Jan 2002

Safety At Any Price, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

After three decades of experience with extensive government regulation and oversight of health, safety and environmental matters, we have reason to believe that those measures have largely failed to fulfill their initial promise, but many of the initial promises were infeasible goals of a "zero-risk" society. Economic findings with respect to risk-risk tradeoffs highlight the fallacies inherent in government's zero-risk mentality. Agencies that make an unbounded financial commitment to safety frequently are sacrificing individual lives. There continues to be major opportunities to improve regulatory performance by targeting existing inefficiencies and using market mechanisms (rather than strict command-and-control mechanisms) to achieve …