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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]
New Trends in Financing Civil Litigation in Europe
This unique and timely book analyses the problem of financing civil litigation. The expert contributors discuss the legal possibilities and difficulties associated with several instruments - including cost shifting, fee arrangements, legal expense insurance and group litigation. The authors assess the impact of these instruments from a law and economics perspective and provide empirical information on the way in which they work in practice. A transatlantic perspective on financing civil litigation is also provided. New Trends in Financing Civil Litigation in Europe reveals that as well as improving access to justice, several instruments have the potential to screen cases based on their quality. The book also shows how the choice of instrument can affect the behaviour of actors throughout the litigation process.
Don't Take it Seriously
'Don't take it seriously' is a quote from the 'Erasmus Mundus song', written by Roger Van den Bergh at the occasion of the Erasmus Mundus recognition of the European Master in Law and Economics. Or, as Roger likes to call it, the European Master in Law and Comics. This quote is so characteristic of Roger, that it now serves as the title of this Liber Amicorum, with which we express our friendship with and gratitude towards Roger, for his outstanding contribution to Law and Economics.Through his combined part-time chairs in Law and Economics in several countries, his subsequent appointment in Rotterdam to the first full-time chair in Law and Economics in Europe, as well as his long presidency...
The U.S. Supreme Court and the Modern Common Law Approach
This book studies the U.S. Supreme Court and its current common law approach to judicial decision making from a national and transnational perspective. The Supreme Court's modern approach appears detached from and inconsistent with the underlying fundamental principles that ought to guide it, an approach that often leads to unfair and inefficient results. This book suggests the adoption of a judicial decision-making model that proceeds from principles and rules and treats these principles and rules as premises for developing consistent unitary theories to meet current social conditions. This model requires that judicial opinions be informed by a wide range of considerations, beginning with established legal standards - but also including the insights derived from deductive and inductive reasoning, the lessons learned from history and custom - and ending with an examination of the social and economic consequences of the decision. Under this model, the considerations taken to reach a specific result should be articulated through a process that considers various hypotheses, arguments, confutations, and confirmations, and they should be shared with the public.
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.
Frontiers in Civil Justice
This book studies three interrelated frontiers in civil justice from European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitisation of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.
Resolving Mass Disputes
Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.
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 ...
Civil Litigation in a Globalising World
Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with pr...
Research Handbook on the Economics of European Union Law
This comprehensive volume comprises original essays by authors well known for their work on the European Union. Together they provide the reader with an economic analysis of the most important elements of EU law and the mechanisms for decisions within the EU. The Handbook focuses particularly on how the development of EU law negotiates the tension between market integration, national sovereignty and political democracy. The book begins with chapters examining constitutional issues, while further chapters address the establishment of a single market. The volume also addresses sovereign debt problems by providing a detailed analysis of the architecture of the EU's monetary institutions, its monetary policy and their implications. The depth and breadth of the Handbook's coverage make it an essential reference for students, scholars and policymakers interested in the complexities of the European Union.
