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The Peculiar Challenges Posed By Latent Diseases Resulting From Mass Products, Donald G. Gifford
The Peculiar Challenges Posed By Latent Diseases Resulting From Mass Products, Donald G. Gifford
Faculty Scholarship
Legal actions against manufacturers of products that cause latent diseases, such as asbestos products, cigarettes, lead-pigment, and Agent Orange, are the signature torts of our time. Yet within this rather important subset of tort liability, it is unlikely that the imposition of liability actually results in loss prevention. Three factors, present in varying combinations in the context of latent diseases resulting from product exposure, frustrate the deterrent impact of liability. First, an extended period of time—sometimes decades—passes between the time of the manufacturer’s distribution of the product and the imposition of liability. Second, the accident compensation system frequently is unable …
Utility And Community: Musings On The Tort/Crime Distinction, Stephen G. Marks
Utility And Community: Musings On The Tort/Crime Distinction, Stephen G. Marks
Faculty Scholarship
In this Paper, I propose the following two step procedure to explain both the inclusion and exclusion of criminal utility. As a first step, I posit a full compliance utility function. This utility function includes all utilities for all activities and incorporates an assumption that all members of society will forego prohibited activities. Aa s preliminary matter, I will also presuppose common information and shared values within the community. I suggest that maximization of full compliance social utility determines what society prohibits. As a second step, I strip the social utility function of the utility from prohibited activities and drop …