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Full-Text Articles in Law

Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill Jul 2019

Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill

Indiana Law Journal

Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous; …


The Concurrent Liability In Contract And Tort Under U.S. And English Law: To What Extent Plaintiff Is Entitled To Recover For Damages Under Tort Claim?, Phutchaya Numngern Jan 2017

The Concurrent Liability In Contract And Tort Under U.S. And English Law: To What Extent Plaintiff Is Entitled To Recover For Damages Under Tort Claim?, Phutchaya Numngern

Maurer Theses and Dissertations

Both U.S. and English courts has confronted with the concurrent situations mostly occurring in the cases where 1) the plaintiff asks for the recovery in tort claim despite the existence of contractual relationship or 2) the plaintiff asserts contract claim but the defendant contends that the issue at bar should be sound in tort rather than in contract. After studying all relevant cases and academic writings, this thesis found that both U.S. and English systems generally recognize concurrent tort claim as an elective right. The courts have attempted to provide the justified rationales either to allow the plaintiffs tort claim …


Civil Recourse Theory's Reductionism, Guido Calabresi Apr 2013

Civil Recourse Theory's Reductionism, Guido Calabresi

Indiana Law Journal

American Association of Law Schools Torts & Compensation Systems Panel


A Right Without A Potent Remedy: Indiana's Bad Faith Insurance Doctrine Leaves Injured Third Parties Without Full Redress, Gregory A. Bullman Oct 2002

A Right Without A Potent Remedy: Indiana's Bad Faith Insurance Doctrine Leaves Injured Third Parties Without Full Redress, Gregory A. Bullman

Indiana Law Journal

No abstract provided.


Express Contracts To Cure: The Nature Of Contractual Malpractice, Gary L. Birnbaum Jan 1975

Express Contracts To Cure: The Nature Of Contractual Malpractice, Gary L. Birnbaum

Indiana Law Journal

No abstract provided.


Vicarious Liability For Fraud And Deceit In Iowa, Frank Edward Horack Jan 1931

Vicarious Liability For Fraud And Deceit In Iowa, Frank Edward Horack

Articles by Maurer Faculty

No abstract provided.


The Right Of Bailees To Contract Against Liability For Negligence, Hugh Evander Willis Jan 1907

The Right Of Bailees To Contract Against Liability For Negligence, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


Are A Knowledge Of An Offer And Intent To Accept Essential To The Recovery Of A Reward Offered?, Hugh Evander Willis Jan 1906

Are A Knowledge Of An Offer And Intent To Accept Essential To The Recovery Of A Reward Offered?, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


Growth Of The Power Of Contract In The History Of The Liability Of Common Carriers, Hugh Evander Willis Jan 1905

Growth Of The Power Of Contract In The History Of The Liability Of Common Carriers, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


A Treatise On The Law Of Agency In Contract And Tort, George L. Reinhard Jan 1902

A Treatise On The Law Of Agency In Contract And Tort, George L. Reinhard

Articles by Maurer Faculty

No abstract provided.