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Articles 31 - 35 of 35
Full-Text Articles in Law
A Postmortem On The Cigarette Settlement, W. Kip Viscusi
A Postmortem On The Cigarette Settlement, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
The settlement of the Attorney Generals' suits against the cigarette industry for $206 billion was a landmark outcome. By any standard, the financial stakes were enormous, dwarfing eventhe largest tort liability judgments and punitive damages awards. Moreover, what was especially noteworthy was that the party paying for the costs was the cigarette industry, which to date had been almost unscathed after decades of litigation involving the hazards of smoking... Even more surprising than the enormous amount of the settlement is that any portion is being paid at all to the states. Past research at the national level indicates that cigarettes …
Are Risk Regulators Rational? Evidence From Hazardous Waste Cleanup Decisions, W. Kip Viscusi, James Hamilton
Are Risk Regulators Rational? Evidence From Hazardous Waste Cleanup Decisions, W. Kip Viscusi, James Hamilton
Vanderbilt Law School Faculty Publications
Using original data on the cleanup of 130 hazardous waste sites, we examine the degree Superfund decisions are driven by efficiency concerns, biases in risk perceptions, and political factors. Target risk levels chosen by regulators are largely a function of political variables and risk perception biases. Regulators exhibit biases consistent with anchoring and the availability heuristic, and do not distinguish between current risks to actual residents and potential risks to hypothetically exposed populations. Quantile regressions indicate that political factors affect decisions on the cost per case of cancer averted, especially for the most inefficient cleanup efforts.
The Dynamics And Determinants Of The Decision To Grant En Banc Review, Tracey E. George
The Dynamics And Determinants Of The Decision To Grant En Banc Review, Tracey E. George
Vanderbilt Law School Faculty Publications
The ability of U.S. Courts of Appeals to control the development of law within their respective circuits has been strained by the practice of divisional sittings, the growing caseload at the circuit court level, the increasing number of judges sitting within each circuit, and the decreasing probability of Supreme Court intervention. The primary method of maintaining coherence and consistency in doctrinal development within a federal circuit is en banc review. Yet, many critics contend that en bane rehearing is a time-consuming, inefficient procedure that fails to serve its intended purpose and too often is abused for political ends. This Article …
Terms Of Endearment And Articles Of Impeachment, Christopher Slobogin, Charles W. Collier
Terms Of Endearment And Articles Of Impeachment, Christopher Slobogin, Charles W. Collier
Vanderbilt Law School Faculty Publications
It is a long-established principle that presidential impeachment is an appropriate remedy only for "high Crimes and Misdemeanors" of a public nature (with the possible exception of private crimes so heinous that the President "cannot be permitted to remain at large"). The crux of this Essay's argument is that the President's affair with Monica Lewinsky was a private matter that was not rendered "public" simply because Mr. Clinton lied about it. With its vote against removing the President, the Senate seemed to agree.
How Do Judges Think About Risk?, W. Kip Viscusi
How Do Judges Think About Risk?, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
A sample of almost 100 judges exhibited well-known patterns of biases in risk beliefs and reasonable implicit values of life. These biases and personal preferences largely do not affect attitudes toward judicial risk decisions, though there are some exceptions, such as ambiguity aversion, misinterpretation of negligence rules, and retrospective risk assessments in accident cases, which is a form of hindsight bias. Although judges avoided many pitfalls exhibited by jurors and the population at large, they nevertheless exhibited systematic errors, particularly for small probability-large loss events. These findings highlighted the importance of judicial review and the input of expert risk analysts …