Judge-made risk regulation and tort law: an introduction

Medical Malpractice Tort Reform an Introduction to Tort Law

r a d i o l o g y M a n a g e M e n t 30 r a d i o l o g y M a n a g e M e n t  M a r c h / a p r i l 2 0 1 1 The credit earned from the Quick CreditTM test accompanying this article may be applied to the AHRA certified radiology administrator (CRA) operation management domain. By David M. Ottenwess, Esq, Meagan A. Lamberti, Esq, Stephanie P. Ottenwess, Esq, and Adrienne D. Dresevic, Esq Medic...

Modern Tort Law Demystified

When Should We Prefer Tort Law to Environmental Regulation ? Keith

This paper, prepared for the 2001 Washburn Torts Seminar, argues that tort law has some properties that make it superior to statute-based regulatory schemes as a system of environmental protection. In particular, two arguments, one based on enforcer-malfeasance and one based on information, suggest that tort law is preferable to statutory regulation. I sketch these arguments and apply them to n...

Innovation , tort law , and competition

In this paper, we examine the link between innovative activity on the part of firms, the competitive pressure to introduce innovations and optimal damages awards. While innovative activity brings forth valuable new products for consumers, competitive pressure in the ensuing innovation race induces firms to launch innovations too early, thereby raising the likelihood of severe product risks abov...

Serious Tort Law Reform

Tort law is a form of collective intervention into social and economic affairs that carries with it substantial costs, both public and private. These costs include higher prices for goods and services, higher taxes, and the socially undesirable consequences that tort law has on people's behavior such as the failure of companies to develop and introduce products the public wants, the wasteful an...