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Full-Text Articles in Law

Measuring The Deterrent Effect Of Punitive Damages, Theodore Eisenberg Nov 1998

Measuring The Deterrent Effect Of Punitive Damages, Theodore Eisenberg

Cornell Law Faculty Publications

Professor Viscusi's article differs from the dominant mode of law and economics scholarship on punitive damages. The usual punitive damages article contains purely theoretical considerations about when punitive damages are appropriate and about their optimal level; no effort is made to ascertain whether the existing pattern of punitive awards corresponds with the theory. This is part of a larger problem: the dearth of empirical evidence in law and economics scholarship. Viscusi, on the other hand, provides empirical tests of whether punitive damages accomplish their goals, and he makes creative use of publicly available data sources. For the goal of his …


Acts Of God Or Toxic Torts? Applying Tort Principles To The Problem Of Climate Change, Eduardo M. Peñalver Oct 1998

Acts Of God Or Toxic Torts? Applying Tort Principles To The Problem Of Climate Change, Eduardo M. Peñalver

Cornell Law Faculty Publications

The problem of climate change continues to be an intractable one for policymakers. Uncertainties over the likely costs of climate change as well as over the costs of proposed remedies have hampered the formation of a consensus regarding the best course of action. The principles of tort law provide a useful means of analyzing the problem of climate change, particularly the issue of who should bear the costs associated with its effects. The two major goals of tort law (reducing the costs of accidents and corrective justice) both point towards the appropriateness of placing the costs of climate change on …


Achieving Consensus On Defective Product Design, James A. Henderson Jr., Aaron Twerski May 1998

Achieving Consensus On Defective Product Design, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.


The Politics Of The Products Liability Restatement, James A. Henderson Jr., Aaron Twerski Apr 1998

The Politics Of The Products Liability Restatement, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.


A Discussion And A Defense Of The Restatement (Third) Of Torts: Products Liability, James A. Henderson Jr. Jan 1998

A Discussion And A Defense Of The Restatement (Third) Of Torts: Products Liability, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.