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2000

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Vanderbilt Law School Faculty Publications

Risk assessment

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Full-Text Articles in Law

Corporate Risk Analysis: A Reckless Act?, W. Kip Viscusi Feb 2000

Corporate Risk Analysis: A Reckless Act?, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Balancing of risk and cost lies at the heart of standard negligence tests and policy analysis approaches to government regulation. Notwithstanding the desirability of using a benefit-cost approach to assess the merits of safety measures, in many court cases juries appear to penalize corporations for having done a risk analysis in instances in which the company decided not to make a safety improvement after the analysis indicated the improvement was unwarranted Automobile accident cases provide the most prominent examples of such juror sanctions. This paper tests the effect of corporate risk analyses experimentally by using a sample of almost 500 …


Risk Equity, W. Kip Viscusi Jan 2000

Risk Equity, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Risk equity serves as the purported rationale for a wide range of inefficient policy practices, such as the concern that hypothetical individual risks not be too great. This paper proposes an alternative risk equity concept in terms of equitable tradeoffs rather than equity in risk levels. Equalizing the cost per life saved across policy contexts will save additional lives and will give fair treatment to risks arising in a variety of domains. Equitable tradeoffs will also benefit minorities who currently are disadvantaged by politically based inefficient policies.