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Full-Text Articles in Law
Negligence And Insufficient Activity: The Missing Paradigm In Torts, David Gilo, Ehud Guttel
Negligence And Insufficient Activity: The Missing Paradigm In Torts, David Gilo, Ehud Guttel
Michigan Law Review
Conventional wisdom in tort law maintains that the prevention of undesirable risks mandates restriction of harmful conduct. Against this widely held conviction, this Article shows that undesirable risks often stem from insufficient, rather than excessive, activity. Because negligence requires investments in only cost-justified care, parties might deliberately limit their activity so that the size of the ensuing risk would be lower than the cost of welfare-enhancing precautions. Parties' incentives to strategically restrict their activity levels have striking implications for the inducement of efficient harm prevention. The overlooked paradigm of insufficient activity calls for the imposition of a new form of …
University Of Michigan Law School Faculty, 2009-2010, University Of Michigan Law School
University Of Michigan Law School Faculty, 2009-2010, University Of Michigan Law School
Miscellaneous Law School History & Publications
Biographies of the University of Michigan Law School faculty.
Boundaries, Biodiversity, Resources, And Increasing Maritime Activities: Emerging Oceans Governance Challenges For Canada In The Arctic Ocean, Clive H. Schofield, Ian Townsend-Gault, Tavis Potts
Boundaries, Biodiversity, Resources, And Increasing Maritime Activities: Emerging Oceans Governance Challenges For Canada In The Arctic Ocean, Clive H. Schofield, Ian Townsend-Gault, Tavis Potts
Faculty of Law - Papers (Archive)
The Arctic region is undergoing rapid environmental and socioeconomic change. As one of the most rapidly warming places on the planet, the Arctic is experiencing dramatic climate change-related impacts, such as a severe downward trend in sea ice cover. The scientific community projects that this trend could result in a sea ice-free summer by as early as 2020. As conditions warm, the retreat of sea ice is driving an expansion of political and economic activity. Recent world media attention has been focused on the Arctic to an unprecedented extent. Much of the discourse has been devoted to a perceived Arctic …