Research Handbook on the Economics of Torts by Jennifer H. Arlen (English) Hardc

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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.

FORMATHardcover LANGUAGEEnglish CONDITIONBrand New Publisher Description

This pioneering Handbook contains specially-commissioned chapters on tort law from leading experts in the field. This volume evaluates issues of vital importance to those seeking to understand and reform the tort law and the litigation process, taking a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral analysis. 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, legal practitioners, regulators, and judges with an interest in tort law, litigation, damages, and reform will find this seminal Handbook an invaluable addition to their libraries.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.Contributors: J. Arlen, L. Babcock, T. Baker, R. Cooter, A.F. Daughety, D. DePianto, S.S. Diamond, T. Eisenberg, R.A. Epstein, J. Furgeson, M.A. Geistfeld, M.F. Grady, L. Hardcastle, M. Heise, E. Helland, D.R. Hensler, K.N. Hylton, L.A. Kornhauser, R. Kraakman, G. Miller, J.F. Reinganum, J.M. Salerno, S.A. Seabury, C.M. Sharkey, P. Siegelman, E.L. Talley, M. Trebilcock, P.-E. Veel, W.K. Viscusi, A.L. Wickelgren, K. Zeiler

Author Biography

Edited by Jennifer H. Arlen, Norma Z. Paige Professor of Law; Director, Program on Corporate Compliance and Enforcement; and Director, Center for Law, Economics and Organization, New York University School of Law, US

Table of Contents

Contents:IntroductionJennifer ArlenPART I: OVERVIEW OF TORT LITIGATION1. Empirical Analysis of Civil Litigation: Tort Trials in State CourtsMichael HeisePART II: ECONOMIC ANALYSIS OF LIABILITY2. Economic Analysis of Medical Malpractice Liability and its ReformJennifer Arlen3. Economic Analysis of Products Liability: TheoryAndrew F. Daughety and Jennifer F. Reinganum4. Causation in Tort Law: A ReconsiderationKeith N. Hylton5. Causation and ForeseeabilityMark F. Grady6. Fault Lines in the Positive Economic Analysis of Tort LawMark A. Geistfeld7. The Law and Economics of Liability Insurance: A Theoretical and Empirical ReviewTom Baker and Peter SiegelmanPART III: ECONOMIC ANALYSIS OF MULTI-PARTY LITIGATION8. Economic Analysis of Joint and Several LiabilityLewis A. Kornhauser9. Economic Policy and the Vicarious Liability of FirmsReinier Kraakman10. Group Litigation in the Enforcement of Tort LawGeoffrey Miller11. The Socio-economics of Mass Torts: What We Know, Don't Know and Should KnowDeborah R. HenslerPART IV: THE LITIGATION PROCESS12. Law, Economics, and the Burden(s) of ProofEric L. Talley13. Law and Economics of SettlementAbraham L. Wickelgren14. Bounded Rationality in the Settlement Process: Empirical Evidence on the Causes of Settlement Failure in LitigationLinda Babcock and Joshua Furgeson15. Contingent-fee Contracts in Litigation: A Survey and AssessmentEric Helland and Seth A. Seabury16. Empirical Analysis of Juries in Tort CasesShari Seidman Diamond and Jessica M. SalernoPART V: DAMAGES17. Damages for Incompensable HarmsRobert Cooter and David DePianto18. Empirical Analysis of Tort DamagesW. Kip Viscusi19. Economic Analysis of Punitive Damages: Theory, Empirics, and DoctrineCatherine M. SharkeyPART VI: REFORM OF AND ALTERNATIVES TO THE TORT SYSTEM20. The Empirical Effects of Tort ReformTheodore Eisenberg21. Do Damage Caps Reduce Medical Malpractice Insurance Premiums? A Systematic Review of Estimates and the Methods Used to Produce ThemKathryn Zeiler and Lorian Hardcastle22. No-fault Accident Compensation SystemsMichael Trebilcock and Paul-Erik Veel23. Alternatives and Complements: Liability and Regulation as Remedies for Physical InjuryRichard A. EpsteinIndex

Review

'The highlight of this intellectually rich volume is the multiple perspectives it offers on the economic analysis of the tort system. In collecting these essays from leading legal scholars, Jennifer Arlen offers a wide range of empirical, institutional, and doctrinal dimensions of economic thought critical to assessing how our socio-legal system addresses the problem of accidental harm. The volume will serve as an invaluable contribution to the literature on the dynamic character of the tort system in action.' -- Robert L. Rabin, Stanford Law School, US'An indispensable resource for anyone interested in economic analysis of tort law, and tort law period. Professor Arlen has assembled an academic all-star team, and its members have prepared up-to-date, high quality, and accessible treatments of centrally important topics ranging from causation and damages to vicarious liability and insurance to tort reform and tort alternatives. With respect to the analysis of tort law through the lenses of empirical and microeconomic analysis, this is now the go-to volume.' -- John Goldberg, Harvard Law School, US'This Handbook redefines the boundaries of research in the economics of torts by integrating the standard model with a theoretical and empirical analysis of the institutions intervening before (contracts) and after (litigation) the occurrence of harm. It is an essential companion for scholars working in this field and provides plenty of new ideas for further research.' -- Giuseppe Dari-Mattiacci, University of Amsterdam, The Netherlands'In this beautifully edited volume, Jennifer Arlen has brought together an impressive line-up of outstanding scholars working in the area of tort liability. The volume showcases the great progress that has been made applying theoretical and empirical methodology to the study of law, and provides invaluable insights into directions for future research. Every scholar who is interested in the role of social science in legal scholarship will be stimulated and inspired by its contents.' -- Kathryn E. Spier, Harvard Law School, US

Review Quote

'The highlight of this intellectually rich volume is the multiple perspectives it offers on the economic analysis of the tort system. In collecting these essays from leading legal scholars, Jennifer Arlen offers a wide range of empirical, institutional, and doctrinal dimensions of economic thought critical to assessing how our socio-legal system addresses the problem of accidental harm. The volume will serve as an invaluable contribution to the literature on the dynamic character of the tort system in action.'

Details ISBN1848441185 Author Jennifer H. Arlen Pages 672 Publisher Edward Elgar Publishing Ltd ISBN-10 1848441185 ISBN-13 9781848441187 Publication Date 2013-11-29 Year 2013 Media Book Language English DEWEY 346.7303 Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Country of Publication United Kingdom AU Release Date 2013-11-29 NZ Release Date 2013-11-29 UK Release Date 2013-11-29 Format Hardcover Series Research Handbooks in Law and Economics series Edited by Jennifer H. Arlen Audience Professional & Vocational We've got this

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