This article critiques and in large measure rejects the insurance theory of compensation. It contains an argument that the theory has fundamental failings--both normative and practical--that render it untenable as a primary guide to determining the appropriate compensatory sums in any programmatic setting
The modern legislative approach to tort reform has been a piecemeal process of altering single rules...
For most non-contractual legal claims for damages that are brought against individuals or firms, the...
The negligence-versus–strict liability debate is over in tort law, and negligence has clearly won. Y...
Since the 1980s, tort damages for pain and suffering have excited hue and cry. Twenty-three states c...
A failure to focus on the practical operation of tort law--especially as it intersects with insuran...
The United States does not have a system for compensating the victims of illness and injury; it has ...
In his seminal work, Tort Law in America, Ted White describes tort law as vacillating between a focu...
What is the proper role of cost-benefit analysis in understanding the tort concept of negligence or ...
This Article provides a framework for reconciling the tension between tort doctrine and economic the...
The controversy regarding the appropriate purpose of tort law continues to rage. Some advocate that...
The interaction between tort law and liability insurance is a complex problem that is difficult to d...
Many scholars have offered theories that purport to explain the whole of the law of torts. At least ...
This Article addresses issues relating to the insurability of punitive damages awards. There is no c...
textabstractAbstract: In the economic analysis of tort law, scant attention is paid to justification...
textabstractIntroduction: Many lawyers regard compensation as the most important goal of tort law. H...
The modern legislative approach to tort reform has been a piecemeal process of altering single rules...
For most non-contractual legal claims for damages that are brought against individuals or firms, the...
The negligence-versus–strict liability debate is over in tort law, and negligence has clearly won. Y...
Since the 1980s, tort damages for pain and suffering have excited hue and cry. Twenty-three states c...
A failure to focus on the practical operation of tort law--especially as it intersects with insuran...
The United States does not have a system for compensating the victims of illness and injury; it has ...
In his seminal work, Tort Law in America, Ted White describes tort law as vacillating between a focu...
What is the proper role of cost-benefit analysis in understanding the tort concept of negligence or ...
This Article provides a framework for reconciling the tension between tort doctrine and economic the...
The controversy regarding the appropriate purpose of tort law continues to rage. Some advocate that...
The interaction between tort law and liability insurance is a complex problem that is difficult to d...
Many scholars have offered theories that purport to explain the whole of the law of torts. At least ...
This Article addresses issues relating to the insurability of punitive damages awards. There is no c...
textabstractAbstract: In the economic analysis of tort law, scant attention is paid to justification...
textabstractIntroduction: Many lawyers regard compensation as the most important goal of tort law. H...
The modern legislative approach to tort reform has been a piecemeal process of altering single rules...
For most non-contractual legal claims for damages that are brought against individuals or firms, the...
The negligence-versus–strict liability debate is over in tort law, and negligence has clearly won. Y...