Full 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
Contents
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 in 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 A. 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 A. 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
Kathryn 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
