Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Pace Law Faculty Publications

1990

Law and Economics

Articles 1 - 1 of 1

Full-Text Articles in Law

Regulating Regulators: The Legal Environment Of The State, David S. Cohen Jan 1990

Regulating Regulators: The Legal Environment Of The State, David S. Cohen

Pace Law Faculty Publications

In this paper I focus on the ability of tort law to reduce primary costs, or losses associated with the number and seriousness of accidents. In one sense I will be analysing the state as if it were a private firm in which losses suffered by private individuals and firms are externalities. Several years ago Mark Spitzer wrote a paper on this topic in which he posited several models of state activity and analysed the incentive effects of liability rules in each case. In my view Spitzer's general conclusion - the rule which may be synthesized from all of the ...