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Debated Damages
In his inaugural lecture, Louis Visscher discusses three forms of 'debated damages' from an economic perspective. First, pain and suffering damages for personal injuries are regarded as too low in the Netherlands, but a framework to assess the 'correct magnitude' is lacking. Visscher argues that the concept of Quality Adjusted Life Years (QALYs) can offer such a framework. Applying QALYs, the author concludes that Dutch damages indeed are too low. Second, a recent draft bill proposes affection damages for relatives of a victim who is seriously injured or killed. Visscher welcomes this, but argues on the basis of economic insights that the envisaged amounts are too low. Third, mass litigation is not allowed to have the object of seeking monetary compensation. A recent draft bill proposes to strike this prohibition. Visscher welcomes this, because mass damages litigation has several potential benefits. Whether the draft bill sketches an economically optimal procedure, however, is questionable. *** Librarians: ebook available on ProQuest and EBSCO (Series: Erasmus Law Lectures - Vol. 39) [Subject: Tort Law, Law and Economics, Dutch Law]
Tort Law and Economics
The central goal of this book is to provide a state-of-the-art overview of the literature with respect to the economic analysis of tort law. It sure meets the challenge, offering with great expertise a comprehensive presentation of tort law in both economic and comparative perspectives. The clarity of the text, unusual in the law and economics literature, makes the book accessible to a broad readership of economists with a limited legal background and lawyers with limited economic skills. Olivier Moreteau, Louisiana State University, US Tort Law and Economics, ed. Michael Faure, provides a highly useful economic overview of the most important topics of tort law. The authors clearly show the ...
Biased Trials
Goran Dominioni argues that research in behavioral economics, psychology, and neurosciences can offer novel insights on whether court decisions are accurate, non-discriminatory, and maximize social welfare. The author also shows that insights from these areas of research can help to improve trial outcomes if carefully applied to craft trial rules and practices. He covers central themes in behavioral law and economics, such as implicit racial biases, the fundamental attribution error, and gender-related biases.
Corporate Compliance
How to induce corporate compliance with regulations? Harsh punishments will cause companies to disguise violations, and mild punishments will cause companies to report their violations and make weak efforts to avoid them. In this book, Sharon Oded canvasses the history of thinking about corporate compliance, and he proposes his own candidate for the best law. This is a sophisticated account of legal incentives that will repay any reader interested in corporate compliance. Robert Cooter, University of California, Berkeley, US The effective control of corporate misconduct is a vital but elusive task for regulators, given the complexity of organization structures and the need to find the right ...
Comparative Patent Remedies
In Comparative Patent Remedies, Thomas Cotter provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India.
Carbon Capture and Storage
A theoretical and practical analysis of the complex liability issues raised by carbon capture and storage systems for containing greenhouse gases. Carbon capture and storage (CCS) systems inject highly compressed carbon dioxide gas deep into geological formations in order to contain the gas, and its harmful effects on the planet, for the foreseeable future and beyond—for centuries or even millennia. Used effectively, CCS could lessen the impact of climate change while carbon-free energy sources are developed. And yet CCS is not widely deployed. In this book, Michael Faure and Roy Partain offer a theoretical and practical discussion of one of the main obstacles to CCS adoption: complex liab...
Lawyers at Work
This collection of articles and essays by Herbert Kritzer draws on his extensive research related to lawyers and legal practice conducted over the last 35 years. That research has applied existing theoretical frameworks and developed innovative ways of thinking about how to understand what it is that lawyers do. The chapters reflect the wide range of both qualitative and quantitative research methods he has employed, and draw on his work on the Civil Litigation Research Project, a massive study funded by the U.S. Department of Justice under the Carter administration, and continues through subsequent studies of lawyer-client relationships in Canada, contingency fee legal practice, and insuran...
The Impact of the Damages Directive on the Enforcement of EU Competition Law
This cutting-edge book provides a thorough analysis of the transposition of the rules of the EU Damages Directive, examining their impact on the enforcement of competition law and the victim’s right to full compensation. It also studies the possible consequences of an anticipated rise in civil damages actions in Europe and how this, in turn, may alter the effectiveness of the enforcement system.
Research Handbook on Private Enforcement of Competition Law in the EU
The Research Handbook on Private Enforcement of Competition Law in the EU provides wide-ranging coverage of a key aspect of competition law enforcement which is undergoing constant and rapid growth in significance. The Handbook examines the private enforcement of competition law across the EU and beyond, shedding light on pertinent and underlying issues.
