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Contributory Or Comparative: Which Is The Optimal Negligence Rule?, Christopher J. Robinette, Paul G. Sherland
Contributory Or Comparative: Which Is The Optimal Negligence Rule?, Christopher J. Robinette, Paul G. Sherland
Northern Illinois University Law Review
In this article, the authors examine whether contributory or some form of comparative negligence is the superior rule based on the goals of tort law. The authors conclude pure comparative negligence is the preferable rule. From a compensation perspective, pure comparative negligence compensates the most tort victims. From a corrective justice perspective, pure comparative negligence, unlike the other rules, requires tortfeasors to correct their wrongs in all cases. Finally, the authors use statistical analyses to determine if any of the rules has a stronger deterrent effect than the others. Based on claims data for automobile accidents in the various jurisdictions, …
Commentary: The Due Process Considerations In The Imposition Of Corporate Liability, Mark Crane
Commentary: The Due Process Considerations In The Imposition Of Corporate Liability, Mark Crane
Northern Illinois University Law Review
An analysis that criticizes Professor Coffee's suggestions for corporate sanctions as being violative of fundamental notions of due process. Mr. Crane also observes that the threat of individual liability may be the most effective method of corporate deterrence.
Making The Punishment Fit The Corporation: The Problems Of Finding An Optimal Corporation Criminal Sanction, John C. Coffee Jr.
Making The Punishment Fit The Corporation: The Problems Of Finding An Optimal Corporation Criminal Sanction, John C. Coffee Jr.
Northern Illinois University Law Review
A discussion of the major issues which hinder effective punishment and deterrence of corporate crime, followed by specific proposals for a system of sanctions more responsive to these traditional problems areas.