You have no items in your shopping cart.

Research Handbook On The Economics Of Torts

Research Handbook On The Economics Of Torts

  • Author:
  • Publisher: Edward Elgar Publishing
  • ISBN: 9781848441187
  • Published In: November 2013
  • Format: Hardback , 672 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only
Out of stock
OR
  • Description 
  • Contents 
  • Author 
  • Reviews
  • Details

    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.

  • 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

  • Edited by Jennifer Arlen, Norma Z. Paige Professor of Law and Director, Center for Law, Economics and Organizations, New York University School of Law, US

  • ‘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

You may also be interested in these books: