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Full-Text Articles in Law
Deterrence And Damages: The Multiplier Principle And Its Alternatives, Richard Craswell
Deterrence And Damages: The Multiplier Principle And Its Alternatives, Richard Craswell
Michigan Law Review
One purpose of fines and damage awards is to deter harmful behavior. When enforcement is imperfect, however, so the probability that any given violation will be punished is less than 100%, the law's deterrent effect is usually thought to be reduced. Thus, it is often said that the ideal penalty (insofar as deterrence is concerned) equals the harm caused by the violation multiplied by one over the probability of punishment. For example, if a violation faces only a 25% (or one-in-four) chance of being punished, on this view the optimal penalty would be four times the harm caused by the …
When Warnings Alone Won’T Do: A Reply To Professor Phillips, Richard C. Ausness
When Warnings Alone Won’T Do: A Reply To Professor Phillips, Richard C. Ausness
Law Faculty Scholarly Articles
In his paper, Professor Phillips contends that questions about the adequacy of a product's design should be resolved by the use of a risk-utility test and that the existence of an adequate warning should merely be one factor for the jury to take into account. This is essentially the position espoused by the Restatement (Third) of Torts: Products Liability (hereinafter Third Restatement), section 2, comment l. On the other hand, Professor PhiIlips is very critical of subsections 6(c) and 6(d). These provisions establish liability for the sellers of prescription drugs and medical devices. Section 6(c), which is concerned …
O.K. Corral Ii: Policy Issues In Municipal Suits Against Gun Manufacturers, Frank J. Vandall
O.K. Corral Ii: Policy Issues In Municipal Suits Against Gun Manufacturers, Frank J. Vandall
Villanova Law Review
No abstract provided.
Passing The Essence Test: Health Care Providers Escape Strict Liability For Medical Devices, Laura Pleicones
Passing The Essence Test: Health Care Providers Escape Strict Liability For Medical Devices, Laura Pleicones
South Carolina Law Review
No abstract provided.
Negligent Publication Of Statements Posted On Electronic Bulletin Boards: Is There Any Liability Left After Zeran?, David Wiener
Negligent Publication Of Statements Posted On Electronic Bulletin Boards: Is There Any Liability Left After Zeran?, David Wiener
Santa Clara Law Review
No abstract provided.