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Articles 1 - 6 of 6
Full-Text Articles in Insurance Law
Compensating The Victims Of Japan’S 3-11 Fukushima Disaster, Eric A. Feldman
Compensating The Victims Of Japan’S 3-11 Fukushima Disaster, Eric A. Feldman
All Faculty Scholarship
Japan’s March 2011 triple disaster—first a large earthquake, followed by a massive tsunami and a nuclear meltdown—caused a devastating loss of life, damaged and destroyed property, and left hundreds of thousands of people homeless, hurt, and in need. This article looks at the effort to address the financial needs of the victims of the 3/11 disaster by examining the role of public and private actors in providing compensation, describing the types of groups and individuals for whom compensation is available, and analyzing the range of institutions through which compensation has been allocated. The story is in some ways cause for …
Liability Insurance At The Tort-Crime Boundary, Tom Baker
Liability Insurance At The Tort-Crime Boundary, Tom Baker
All Faculty Scholarship
This essay explores how liability insurance mediates the boundary between torts and crime. Liability insurance sometimes separates these two legal fields, for example through the application of standard insurance contract provisions that exclude insurance coverage for some crimes that are also torts. Perhaps less obviously, liability insurance also can draw parts of the tort and criminal fields together. For example, professional liability insurance civilizes the criminal law experience for some crimes that are also torts by providing defendants with an insurance-paid criminal defense that provides more than ordinary means to contest the state’s accusations. The crime-tort separation in liability insurance …
Embracing Risk, Sharing Responsibility, Tom Baker
Embracing Risk, Sharing Responsibility, Tom Baker
All Faculty Scholarship
No abstract provided.
The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler
The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler
All Faculty Scholarship
Predictability in civil and criminal sanctions is generally understood as desirable. Conversely, unpredictability is condemned as a violation of the rule of law. This paper explores predictability in sanctioning from the point of view of efficiency. It is argued that, given a constant expected sanction, deterrence is increased when either the size of the sanction or the probability that it will be imposed is uncertain. This conclusion follows from earlier findings in behavioral decision research and the results of an experiment conducted specifically to examine this hypothesis. The findings suggest that, within an efficiency framework, there are virtues to uncertainty …
On The Genealogy Of Moral Hazard, Tom Baker
On The Genealogy Of Moral Hazard, Tom Baker
All Faculty Scholarship
No abstract provided.
The Insurance Classification Controversy, Regina Austin
The Insurance Classification Controversy, Regina Austin
All Faculty Scholarship
No abstract provided.