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Articles 1 - 10 of 10
Full-Text Articles in Law
Informational Regulation Of Consumer Health Risks: An Empirical Evaluation Of Hazard Warnings, W. Kip Viscusi, Wesley A. Magat, Joel Huber
Informational Regulation Of Consumer Health Risks: An Empirical Evaluation Of Hazard Warnings, W. Kip Viscusi, Wesley A. Magat, Joel Huber
Vanderbilt Law School Faculty Publications
On the basis of data from a survey of almost 400 consumers, this article assesses whether consumer behavior is responsive to information about product hazards that is provided in response to regulation. We find that the extent to which consumers take precautions is consistent with the level of risk indicated, the amount of risk information, the specific risk and precaution indicated, and the economic benefits of safety precautions. We also use the patterns of precautionary behavior to analyze the implicit value of the morbidity effects and to assess the consistency of consumer choices. Our findings support the use of product-hazard …
The Risks And Rewards Of Criminal Activity: A Comprehensive Test Of Criminal Deterrence, W. Kip Viscusi
The Risks And Rewards Of Criminal Activity: A Comprehensive Test Of Criminal Deterrence, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Whereas previous analyses of criminal deterrence have focused on the effect of criminal enforcement on crime rates, this study analyzes the existence of compensating differentials for criminal pursuits. By analyzing the risk-rewards trade-off, this approach represents a more comprehensive test of the criminal deterrence hypothesis. The sample consisted of black inner-city youths who reported their crime participation, crime income, and self-assessed risks from crime. The risk premiums for the three principal adverse outcomes (arrest, conviction, and prison) constituted between one-half and two-thirds of all crime income on the average, providing strong support for the criminal deterrence hypothesis
Issue Manipulation By The Burger Court, Suzanna Sherry
Issue Manipulation By The Burger Court, Suzanna Sherry
Vanderbilt Law School Faculty Publications
Members of the dominant faction of the current Supreme Court are apparently trying to have their cake and eat it, too. In some contexts, the Court uses constitutionally grounded notions of judicial restraint to deny rights-seeking plaintiffs access to the federal courts, while at other times the Court disregards these same notions and reaches out to decide unnecessary issues to restrict further individual rights. This Article has attempted to expose the Court's underlying agenda by examining the implications of these inconsistent lines of precedent. That agenda appears to be twofold: to change the Constitution from a document balanced between majoritarian …
Civic Virtue And The Feminine Voice In Constitutional Adjudication, Suzanna Sherry
Civic Virtue And The Feminine Voice In Constitutional Adjudication, Suzanna Sherry
Vanderbilt Law School Faculty Publications
What is true of women's writing is also true of women's jurisprudence. This article contends that modern men and women, in general, have distinctly different perspectives on the world and that, while the masculine vision parallels pluralist liberal theory, the feminine vision is more closely aligned with classical republican theory, represented in its various forms by Aristotle, Machiavelli, and Jefferson. A feminine jurisprudence, evident, for example, in the decisions of Justice O'Connor, might thus be quite unlike any other contemporary jurisprudence. Emergence of a feminine jurisprudence might therefore influence whether academic calls for new (or rather recycled) jurisprudential theories based …
The Gender Of Judges, Suzanna Sherry
The Gender Of Judges, Suzanna Sherry
Vanderbilt Law School Faculty Publications
The breadth and variety of the topics discussed at the 1985 NAWJ Convention raise a troubling question: is there any longer a need for an association of women law judges? While a few of the discussions center around "women's issues,"1 most do not. Such diverse papers as Judicial Performance Evaluation and Management of Complex Litigation would be equally appropriate for a symposium of gender-unspecified judges. This suspicion of obsolescence is not limited to an association of women judges; I have heard similar observations about various formal and informal associations of women law professors and women lawyers, and I suspect that …
Toxic Tort Remedies: The Case Against The "Superduper Fund" And Other Reform Prososals, J.B. Ruhl
Toxic Tort Remedies: The Case Against The "Superduper Fund" And Other Reform Prososals, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This Article joins the enormous and growing body of literature examining the need for reform of toxic tort remedies for cases of exposure to hazardous substances released into the environment. It is different from most other treatments of the issue in one important respect--it does not advocate reform of the present tort law system in any fundamental way. Indeed, it is argued that the central feature of the present system--the requirement that the plaintiff alleging injury resulting from defendant's release of hazardous substances establish proof of causation by a preponderance of the evidence--is essential for maintaining a rational public policy …
The Structure And Enforcement Of Job Safety Regulation, W. Kip Viscusi
The Structure And Enforcement Of Job Safety Regulation, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
For more than a decade, the Occupational Safety and Health Administration (OSHA) has been regulating the technology and work practices of employers. This governmental function is relatively new and is quite different from the usual governmental involvement in labor market policies. Some government efforts, such as job training and unemployment compensation, involve no direct impact on workplace operations, except that which may be induced indirectly through the incentives these policies generate. Even the minimum wage law does not directly lead to any governmental intrusion into the nature of the work relationship. In contrast, OSHA regulations specify what safety guards must …
The Rutabaga That Ate Pittsburgh: Federal Regulation Of Free Release Biotechnology, Michael P. Vandenbergh
The Rutabaga That Ate Pittsburgh: Federal Regulation Of Free Release Biotechnology, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
When the Environmental Protection Agency (EPA) first approved a field test of a bioengineered microbe,' one EPA official remarked: "We're not expecting this to be the rutabaga that eats Pittsburgh.' 2 But regulators cannot afford to be wrong. Bioengineered microbes may serve many useful purposes, but they may also cause harm to the environment and to human health.3 Although the risks of an accident stemming from the deliberate release of bioengineered microbes into the environment may be low, the resulting damage could be substantial. This note examines the possible consequences of two recent trends in biotechnology-the development of bioengineered microbes …
The Determinants Of The Disposition Of Product Liability Claims And Compensation For Bodily Injury, W. Kip Viscusi
The Determinants Of The Disposition Of Product Liability Claims And Compensation For Bodily Injury, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
The frequency and severity of products liability lawsuits have become a matter of increasing importance and concern to the public at large and to American business in particular. The number of product liability cases filed each year escalated dramatically in the 1970s both in absolute terms and as a fraction of all civil cases.' The economic incentives for safety created by these product liability claims no longer are a minor concern but are now a fundamental influence on the economic environment of the firm. In recent years many larger firms have established corporate product safety offices to integrate these product …
Moral Hazard And Merit Rating Over Time: An Analysis Of Optimal Intertemporal Wage Structures, W. Kip Viscusi
Moral Hazard And Merit Rating Over Time: An Analysis Of Optimal Intertemporal Wage Structures, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
In situations of uncertain worker productivity and risk aversion, labor market contracts have a dual objective of promoting incentives and risk spreading. A trade-off between these objectives is present in single period models as well as in the multi-period models that were the focus of this paper. When there is more than a single period, there will be a divergence between the within period expected productivity and the spot expected wage rate as the wage structure is utilized to promote the creation of work incentives. In effect, firms will merit rate workers on an actuarially unfair basis when viewed within …