Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Insurance Law (3)
- Law and Economics (3)
- Law and Society (3)
- Social and Behavioral Sciences (3)
- Arts and Humanities (2)
-
- Business (2)
- Criminal Law (2)
- Ethics and Political Philosophy (2)
- Law and Psychology (2)
- Philosophy (2)
- Policy Design, Analysis, and Evaluation (2)
- Public Affairs, Public Policy and Public Administration (2)
- Public Law and Legal Theory (2)
- Science and Technology Studies (2)
- Torts (2)
- Administrative Law (1)
- Antitrust and Trade Regulation (1)
- Artificial Intelligence and Robotics (1)
- Business Organizations Law (1)
- Communication (1)
- Communication Technology and New Media (1)
- Computer Sciences (1)
- Health Law and Policy (1)
- Human Factors Psychology (1)
- Insurance (1)
- Intellectual Property Law (1)
- Internet Law (1)
- Jurisprudence (1)
- Law and Philosophy (1)
- Publication
Articles 1 - 9 of 9
Full-Text Articles in Law
Where's The Insurance In Mass Tort Litigation?, Tom Baker
Where's The Insurance In Mass Tort Litigation?, Tom Baker
Articles
This article reports and explains four key findings about the difference between the role of insurance in mass tort litigation and the role of insurance in ordinary tort and corporate governance litigation as reported in earlier research: (1) outside of the insolvency context, mass tort plaintiff lawyers do not build their litigation and settlement strategy around defendants’ liability insurance; (2) mass tort defendants typically retain control over their defense, even when they recover under insurance policies that assign the insurer control over their defense; (3) mass tort defendants typically use their own funds to settle claims, obtaining indemnification from their …
Insurance And Enterprise: Cyber Insurance For Ransomware, Tom Baker, Anja Shortland
Insurance And Enterprise: Cyber Insurance For Ransomware, Tom Baker, Anja Shortland
All Faculty Scholarship
Selling insurance gives insurers an incentive to manage insured risks. The “insurance as governance” literature demonstrates that insurers often make insurance conditional on ex ante risk reduction or mitigation. But insurance governs in support of enterprise, not security for its own sake. Tight underwriting inhibits enterprise – not only for insured businesses but also the business of insurance. This paper highlights ex post loss reduction as a form of insurance-based governance. Drawing on interviews with industry insiders, we explore how insurers addressed the evolving problems of moral hazard, uncertainty, and correlated losses since the 1990s. We find that cyber insurance …
Regulating New Tech: Problems, Pathways, And People, Cary Coglianese
Regulating New Tech: Problems, Pathways, And People, Cary Coglianese
All Faculty Scholarship
New technologies bring with them many promises, but also a series of new problems. Even though these problems are new, they are not unlike the types of problems that regulators have long addressed in other contexts. The lessons from regulation in the past can thus guide regulatory efforts today. Regulators must focus on understanding the problems they seek to address and the causal pathways that lead to these problems. Then they must undertake efforts to shape the behavior of those in industry so that private sector managers focus on their technologies’ problems and take actions to interrupt the causal pathways. …
Restructuring Copyright Infringement, Gideon Parchomovsky, Abraham Bell
Restructuring Copyright Infringement, Gideon Parchomovsky, Abraham Bell
All Faculty Scholarship
Copyright law employs a one-size-fits-all strict liability regime against all unauthorized users of copyrighted works. The current regime takes no account of the blameworthiness of the unauthorized user or of the information costs she faces. Nor does it consider ways in which the rightsholders may have contributed to potential infringements, or ways in which they could have cheaply avoided them. A non-consensual use of a copyrighted work entitles copyright owners to the full panoply of remedies available under the Copyright Act, including supra-compensatory damage awards, disgorgement of profits and injunctive relief. This liability regime is unjust, as it largely fails …
Do Androids Dream Of Bad News?, Heidi H. Liu
Do Androids Dream Of Bad News?, Heidi H. Liu
All Faculty Scholarship
Breaking bad news is one of the toughest things to do in any field dealing with client care. As automation and technology increasingly interweave with human experience, there is growing concern about whether automated agents (‘‘AAs”) would be adequate to perform such a complex emotional act. In this paper, I draw from the literature in psychology and computer science to understand how individuals might react to automated agents (AAs) and address some of the strengths and limitations of AAs. I raise several legal and empirical issues that future designers and users of AAs must consider, including disclosure of and liability …
Unleashing A Gatekeeper: Why The Sec Should Mandate Disclosure Of Details Concerning Directors' And Officers' Liability Insurance Policies, Sean J. Griffith
Unleashing A Gatekeeper: Why The Sec Should Mandate Disclosure Of Details Concerning Directors' And Officers' Liability Insurance Policies, Sean J. Griffith
All Faculty Scholarship
This Essay explores the connection between corporate governance and D&O insurance. It argues that D&O insurers act as gatekeepers and guarantors of corporate governance, screening and pricing corporate governance risks to maintain the profitability of their risk pools. As a result, D&O insurance premiums provide the insurer’s assessment of a firm’s governance quality. Most basically, firms with relatively worse corporate governance pay higher D&O premiums. This simple relationship could signal important information to investors and other capital market participants. Unfortunately, the signal is not being sent. Corporations lack the incentive to produce this disclosure themselves, and U.S. securities regulators do …
Liability Insurance As Tort Regulation: Six Ways That Liability Insurance Shapes Tort Law In Action, Tom Baker
Liability Insurance As Tort Regulation: Six Ways That Liability Insurance Shapes Tort Law In Action, Tom Baker
All Faculty Scholarship
Leaving aside difficult to interpret doctrinal developments, such as the abrogation of traditional immunities, liability insurance has at least the following six impacts on tort law in action. First, for claims against all but the wealthiest individuals and organizations, liability insurance is a de facto element of tort liability. Second, liability insurance limits are a de facto cap on tort damages. Third, tort claims are shaped to match the available liability insurance, with the result that liability insurance policy exclusions become de facto limits on tort liability. Fourth, liability insurance makes lawsuits against ordinary individuals and small organizations into repeat …
Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz
Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz
All Faculty Scholarship
Legal doctrine exhibits some striking temporal anomalies, previously not much adverted to. Wrongdoing looked at before it has occurred, and after is has occurred, is apt to look very different. I take up the two key components of wrongdoing seriatim, the harm-portion and the misconduct-portion: the "damage" part and the "liability" part. We tend to look at harm in a harm-agnifying way before it has occurred, and in a harm-inimizing way afterwards. We thus tend to think about negligence and the harm it wreaks in seemingly inconsistent ways. I examine and reject some possible explanations of this. Misconduct too looks …
The Role Of Harm And Evil In Criminal Law: A Study In Legislative Deception?, Paul H. Robinson
The Role Of Harm And Evil In Criminal Law: A Study In Legislative Deception?, Paul H. Robinson
All Faculty Scholarship
What is the role of the occurrence of harm or evil in criminal law? What should it be? Answers to these questions commonly use the distinction between what is called an objective and a subjective view of criminality. To oversimplify, the objective view maintains that the occurrence of the harm or evil defined by the offense is highly relevant. The subjectivist view maintains that such harm or evil is irrelevant; only the actor's culpable state of mind regarding the occurrence of the harm or evil is important. The labels tend to overstate a rather subtle distinction. The objectivist or harmful …