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Full-Text Articles in Law
Does Tort Law Deter?, W. Jonathan Cardi, Randy Penfield, Albert H. Yoon
Does Tort Law Deter?, W. Jonathan Cardi, Randy Penfield, Albert H. Yoon
W. Jonathan Cardi
For nearly four decades, economic analysis has dominated academic discussion of tort law. Courts also have paid increasing attention to the potential deterrent effects of their tort decisions. But at the center of each economic model and projection of cost and benefit lies a widely-accepted but grossly under-tested assumption that tort liability in fact deters tortious conduct. This article reports the results of a behavioral science study that tests this assumption as it applies to individual conduct. Surveying over 700 first-year law students, the study presented a series of vignettes, asking subjects to rate the likelihood that they would engage …
The Taxpayer’S Burden From Product-Related Harm, W. Jonathan Cardi, Ruth Ruttenberg, Estye Ross
The Taxpayer’S Burden From Product-Related Harm, W. Jonathan Cardi, Ruth Ruttenberg, Estye Ross
W. Jonathan Cardi
Hundreds of billions of dollars are spent every year in the public sector as a result of death, injury, and illness associated with products. The taxpayer takes on this burden, a reality that ought to be considered by courts and policy makers when setting the standards for liability and levels of regulation governing products. Yet, to date, the government has made no attempt to trace specific government expenditures to product-related injuries. Indeed, due to the dearth of government data on the subject, no one to the authors’ knowledge has even constructed an estimate of product-related public expenditures. This article attempts …