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Torts, Ralph Michael Stein
Torts, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
This Article surveys the most significant torts cases decided in the courts of New York State during the Survey year. Only cases which challenged existing law, modified longstanding doctrine, or announced new decisional law have been included. While 1989 was not a year of signal change for the law of torts, a number of cases deserve examination and analysis.
Regulating Regulators: The Legal Environment Of The State, David S. Cohen
Regulating Regulators: The Legal Environment Of The State, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
In this paper I focus on the ability of tort law to reduce primary costs, or losses associated with the number and seriousness of accidents. In one sense I will be analysing the state as if it were a private firm in which losses suffered by private individuals and firms are externalities. Several years ago Mark Spitzer wrote a paper on this topic in which he posited several models of state activity and analysed the incentive effects of liability rules in each case. In my view Spitzer's general conclusion - the rule which may be synthesized from all of the …