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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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Research Handbook on the Economics of Torts

Edited by: Jennifer Arlen

ISBN13: 9781848441187
Published: November 2013
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £186.00



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This pioneering Handbook contains original, specially commissioned chapters on tort law from the leading experts in the field.

The chapters present a rigorous, in-depth analysis of the most current issues from a variety of perspectives - including theoretical economics, empirical legal studies, psychology and socio-law - and offer important insights for the future of tort scholarship. Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral analysis of liability rules and the litigation process.

Topics discussed include products liability, medical malpractice, causation, proximate cause, joint and several liability, class actions, mass torts, vicarious liability, settlement, damage rules, juries, tort reform, and potential alternatives to the tort system. Scholars, students, law practitioners, regulators, judges and economists with an interest in tort law, litigation, damages, and reform will find this seminal Handbook an invaluable addition to their libraries.

Subjects:
Tort Law, Law and Economics
Contents:
Introduction Jennifer Arlen

PART I: OVERVIEW OF TORT LITIGATION
1. Empirical Analysis of Civil Litigation: Tort Trials in State Courts Michael Heise

PART II: ECONOMIC ANALYSIS OF LIABILITY
2. Economic Analysis of Medical Malpractice Liability and Its Reform Jennifer Arlen
3. Economic Analysis of Products Liability: Theory Andrew F. Daughety and Jennifer F. Reinganum
4. Causation in Tort Law: A Reconsideration Keith N. Hylton
5. Causation and Foreseeability Mark F. Grady
6. Fault Lines and the Positive Economic Analysis of Tort Law Mark A. Geistfeld
7. The Law and Economics of Liability Insurance: A Theoretical and Empirical Review Tom Baker and Peter Siegelman

PART III: ECONOMIC ANALYSIS OF MULTI-PARTY LITIGATION 8. Economic Analysis of Joint and Several Liability Lewis Kornhauser
9. Economic Policy and the Vicarious Liability of Firms Reinier Kraakman
10. Group Litigation in the Enforcement of Tort Law Geoffrey Miller
11. The Socio-Economics of Mass Torts: What We Know, Don't Know, and Should Know Deborah R. Hensler

PART IV: THE LITIGATION PROCESS
12. Law, Economics, and the Burden(s) of Proof Eric L. Talley
13. Law and Economics of Settlement Abraham L. Wickelgren
14. Bounded Rationality in the Settlement Process: Empirical Evidence on the Causes of Settlement Failure in Litigation Linda Babcock and Joshua Furgeson
15. Contingent-Fee Contracts in Litigation: A Survey and Assessment Eric Helland and Seth Seabury
16. Empirical Analysis of Juries in Tort Cases Shari Seidman Diamond and Jessica M. Salerno

PART V: DAMAGES
17. Damages for Incompensable Harms Robert Cooter and David DePianto
18. Empirical Analysis of Tort Damages W. Kip Viscusi
19. Economic Analysis of Punitive Damages: Theory, Empirics, and Doctrine Catherine M. Sharkey

PART VI: REFORM OF AND ALTERNATIVES TO THE TORT SYSTEM
20. The Empirical Effects of Tort Reform Theodore Eisenberg
21. Do Damage Caps Reduce Medical Malpractice Insurance Premiums? A Systematic Review of Estimates and the Methods Used to Produce Them Katherine Zeiler and Lorian Hardcastle
22. No Fault Accident Compensation Systems Michael Trebilcock and Paul-Erik Veel 23. Alternatives and Complements: Liability and Regulation as Remedies for Physical Injury Richard A. Epstein

Index