Making amends for negligence

Making amends: ecological restoration in the United States.

Restoring an ecosystem to its preindustrial state can be very difficult or impossible. The great majority of restoration projects put a high priority on the biological requirements of endangered species, often drawing ecologists into volatile political controversies over the rights of humans versus those of wildlife. Meanwhile, resource managers struggle to gain enough information about histori...

Professional Negligence

Intoxication, Recklessness and Negligence

According to what is here called the “Intoxication Recklessness Principle,” a defendant who, thanks to voluntary intoxication, is unaware of a condition of which a reasonable person would have been aware is to be treated as though he were reckless with respect to that condition, rather than negligent. And, according to what is here called the “Intoxication Negligence Principle,” a defendant who...

Negligence, Causation, and Incentives for Care

We present a new model of negligence and causation and examine the influence of the causation test on the level of care under negligence. In this model, the injurer’s decision to take care reduces the likelihood of an accident only in the event that some nondeterministic intervention occurs. The effects of the causation test depend on the information available to the court, and the manner in wh...

Medical negligence: need for balanced approach.

Court delivered on February 10, 2010 (1) attempted to circumscribe the scope of criminal liability for negligence by doctors and hospitals. The law of professional negligence, especially in the case of doctors, has been formulated in such a way as to eliminate fear and anxiety about legal consequences while making professional judgements during diagnosis and treatment. The decision reiterated t...