Browsing Vanderbilt Law School Faculty Works by Author "Viscusi, W. Kip"

Now showing items 21-40 of 134

    • Constructive Cigarette Regulation 
      Viscusi, W. Kip (Duke Law Journal, 1998)
      Professor W. Kip Viscusi argues for a move away from the adversarial approach to tobacco regulation, an approach that is currently embodied in class action lawsuits and the proposed broadening of FDA regulatory power over ...
    • Consumer Behavior and the Safety Effects of Product Safety Regulation 
      Viscusi, W. Kip (Journal of Law and Economics, 1985)
      A recurring issue in the economic analysis of risk regulation agencies is whether these efforts have had any significant favorable effect on safety. Although the existence of such an effect would not necessarily imply that ...
    • Corporate Risk Analysis: A Reckless Act? 
      Viscusi, W. Kip (Stanford Law Review, 2000)
      Balancing of risk and cost lies at the heart of standard negligence tests and policy analysis approaches to government regulation. Notwithstanding the desirability of using a benefit-cost approach to assess the merits of ...
    • Damages to Deter Police Shootings 
      Viscusi, W. Kip; Jeffrey, Scott (University of Illinois Law Review, 2021)
      Many fatal shootings by police are not warranted. These shootings impose losses on the victims and their families and reflect the failure of existing administrative and legal restraints to deter these unwarranted shootings. ...
    • The Denominator Blindness Effect: Accident Frequencies and the Misjudgment of Recklessness 
      Viscusi, W. Kip; Zeckhauser, Richard (American Law and Economics Review, 2004)
      People seriously misjudge accident risks because they routinely neglect relevant information about exposure. Such risk judgments affect both personal and public policy decisions, e.g., choice of a transport mode, but also ...
    • The Determinants of the Disposition of Product Liability Claims and Compensation for Bodily Injury 
      Viscusi, W. Kip (The Journal of Legal Studies, 1986)
      The frequency and severity of products liability lawsuits have become a matter of increasing importance and concern to the public at large and to American business in particular. The number of product liability cases filed ...
    • Deterring and Compensating Oil-Spill Catastrophes: The Need for Strict and Two-Tier Liability 
      Viscusi, W. Kip; Zeckhauser, Richard (Virginia Law Review, 2011)
      The BP Deepwater Horizon oil spill highlighted the glaring weaknesses in the current liability and regulatory regime for oil spills and for environmental catastrophes more broadly. This Article proposes a new liability ...
    • Deterring Inefficient Pharmaceutical Litigation: An Economic Rationale for the FDA Regulatory Compliance Defense 
      Viscusi, W. Kip; Rowland, Steven R.; Dorfman, Howard L.; Walsh, Charles J. (Seton Hall Law Review, 1994)
      This Article examines the interaction between direct regulation of pharmaceuticals under the Federal Food Drug and Cosmetic Act (FDCA) and the indirect regulation of pharmaceuticals provided by common law tort incentives. ...
    • The Dimensions of the Product Liability Crisis 
      Viscusi, W. Kip (The Journal of Legal Studies, 1991)
      Examination of a variety of sources of statistics indicates that the product liability crisis is real, and it is not simply imagined or contrived by the insurance industry. Litigation in the product liability area has ...
    • Discounting Dilemmas: Editors' Introduction 
      Viscusi, W. Kip; Zeckhauser, Richard (Journal of Risk and Uncertaintyhttp://www.springer.com.proxy.library.vanderbilt.edu/economics/economic+theory/journal/11166, 2008)
      Two developments pose dilemmas for well established discounting techniques: (1) The extremely long time horizons associated with recently prominent environmental policy problems, such as climate change and nuclear waste ...
    • Do Smokers Underestimate Risks? 
      Viscusi, W. Kip (Journal of Political Economy, 1990)
      This paper uses a national survey of 3,119 individuals to examine the effect of lung cancer risk perceptions on smoking activity. Both smokers and nonsmokers greatly overestimate the lung cancer risk of cigarette smoking, ...
    • Does Product Liability Make Us Safer? 
      Viscusi, W. Kip (Regulation, 2012)
      Product liability law is intended to create an environment that fosters safer products. However, this law often has adverse consequences. Some of the problems stem from the inherent nature of product risk decisions and the ...
    • Economic Contests: Comparative Reward Schemes 
      Viscusi, W. Kip; O'Keeffe, Mary; Zeckhauser, Richard (Journal of Labor Economics, 1984)
      Contests are situations in which an individual's reward depends on his performance relative to others. Students are graded on a curve; the candidate with the most votes gets the political office; the un- derling who performs ...
    • Economic Foundations of the Current Regulatory Reform Efforts 
      Viscusi, W. Kip (Journal of Economic Perspectives, 1996)
      Almost since the inception of the risk and environmental agencies in the early 1970s, there has been a continuing concern with ensuring that regulations yield societal benefits commensurate with their costs. This recognition ...
    • Effectiveness of the EPA's Regulatory Enforcement: The Case of Industrial Effluent Standards 
      Viscusi, W. Kip; Magat, Wesley A. (Journal of Law and Economicshttp://www.press.uchicago.edu/ucp/journals/journal/jle.html, 1990)
      The EPA water pollution regulations-the focus of this study represent an interesting departure from past patterns of regulatory failure. First, the nature of the regulations-discharge limits-relates directly to the policy ...
    • Efficient Ethical Principles for Making Fatal Choices 
      Viscusi, W. Kip (Notre Dame Law Review, 2021)
      Resource allocations of all kinds inevitably encounter financial constraints, making it infeasible to make financially unbounded commitments. Such resource constraints arise in almost all health and safety risk contexts, ...
    • Efficient Ethical Principles for Making Fatal Choices 
      Viscusi, W. Kip (Notre Dame Law Review, 2021)
      Resource allocations of all kinds inevitably encounter financial constraints, making it infeasible to make financially unbounded commitments. Such resource constraints arise in almost all health and safety risk contexts, ...
    • An Empirical Assessment of Early Offer Reform for Medical Malpractice 
      Hersch, Joni, 1956-; Viscusi, W. Kip; O'Connell, Jeffrey (Journal of Legal Studies, 2007)
      The early offer reform proposal for medical malpractice provides an option for claimants to receive prompt payment of all their net economic losses and reasonable attorney fees. Using a large sample of closed individual ...
    • An Empirical Assessment of Early Offer Reform for Medical Malpractice 
      Viscusi, W. Kip; Hersch, Joni, 1956-; O'Connell, Jeffrey (Journal of Legal Studies, 2007)
      The early offer reform proposal for medical malpractice provides an option for claimants to receive prompt payment of all their net economic Losses and reasonable attorney fees. Using a Large sample of closed individual ...
    • Equivalent Frames of Reference for Judging Risk Regulation Policies 
      Viscusi, W. Kip (N.Y.U. Environmental Law Journal, 1994)
      Although the design of risk regulations has not yet attained what might be termed the economist's ideal of maximizing the difference between benefits and costs, substantial progress has been made in the design of regulatory ...