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Now showing items 21-30 of 57
An Essay Concerning Toleration
(Minnesota Law Review, 1987)
This essay has suggested, through review of two recent works, how toleration theory can and cannot be used to provide a viable alternative to both moribund liberal ideas and the increasingly successful program of the new ...
The Determinants of the Disposition of Product Liability Claims and Compensation for Bodily Injury
(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 ...
Regulatory Economics in the Courts: An Analysis of Judge Scalia's NHTSA Bumper Decision
(Law & Contemporary Problems, 1987)
The automobile bumper standard issued by the National Highway Traffic Safety Administration (NHTSA) in 1982 was the product of a decade of policy debate.' This debate continued in the courts until ultimately the NHTSA ...
The Structure and Enforcement of Job Safety Regulation
(Law & Contemporary Problems, 1986)
For more than a decade, the Occupational Safety and Health
Administration (OSHA) has been regulating the technology and work
practices of employers. This governmental function is relatively new and is
quite different ...
The Third-Party Defense to Hazardous Waste Liability: Narrowing the Contractual Relationship Exception
(South Texas Law Review, 1987)
This article focuses on one of the defenses to CERCLA liability, specifically, the third-party defense set forth in section 107(b)(3) of the Act [CERCLA § 107(b)(3), 42 U.S.C. § 9607(b)(3) (1982)] ... The particular concern ...
Perspectives: Law in the Grand Manner
(Constitutional Commentary, 1985)
Being a Supreme Court justice must have been more fun in the eighteenth century than it is today. The caseload was lighter, and the Court was a social as well as a political center., The justices also apparently felt ...
Informational Regulation of Consumer Health Risks: An Empirical Evaluation of Hazard Warnings
(The RAND Journal of Economics, 1986)
On the basis of data from a survey of almost 400 consumers, this article assesses whether consumer behavior is responsive to information about product hazards that is provided in response to regulation. We find that the ...
Product Liability Litigation With Risk Averson
(The Journal of Legal Studies, 1988)
The recent law and economics literature has directed much energy toward identifying the various factors that determine whether parties will litigate or settle accident claims.' The substantive interest in this area rests ...
Issue Manipulation by the Burger Court
(Minnesota Law Review, 1986)
Members of the dominant faction of the current Supreme Court are apparently trying to have their cake and eat it, too. In some contexts, the Court uses constitutionally grounded notions of judicial restraint to deny ...
Alternative Approaches to Valuing the Health Impacts of Accidents: Liability Law and Prospective Evaluations
(Law & Contemporary Problems, 1983)
The task of valuing accidental injuries and deaths is intrinsically difficult for two reasons. First, unlike standard consumer commodities, individual health is not traded explicitly on the market. It may be traded implicitly ...