IN three articles published in this journal between 1973 and 1975, my colleague Professor Richard Epstein set forth an ambitious normative theory of tort law.' Among the distinctive features of this theory were the author's insistence that strict liability based on causal principles should be the prima facie standard of liability, that notions of liberty rather than of economic efficiency shoul...

In this paper, I connect the text of the Chinese tort law with the institutional context of lawmaking in China from a political economy perspective. Two determinants, political influence and populist pressure, were identified for the tort law legislation in China, and a simple spatial model is presented to demonstrate the mechanism through which these determinants might have affected the text o...

Bankruptcy is an event with strong impacts on management, shareholders, employees, creditors, customers and other stakeholders, so as bankruptcy challenges the country both socially and economically. Therefore, correct prediction of bankruptcy is of high importance in the financial world. This research intends to investigate financial crisis prediction power using models based on Neural Network...

in the case of abuse of right  of  freedom of trade, intentional fault or negligence, resort  to unlawful means and act contrary to professional ethics and in general, fulfillment of conditions of compensation of loss according to governing rules in legal systems, commercial rivals have tortious liability within the framework of traditional principles of tort law. nowadays, day by day, cases of...

Throughout its history, the jury has attracted both stiff criticism and unqualified praise, viewed by turns as an incompetent, naïve, and biased decision maker and as an astute repository of folk wisdom and common sense. Here, we examine how the American jury actually behaves in the tort cases that produce the majority of civil jury trials. The evidence shows that juries usually use reasonable ...

BACKGROUND Although there have been numerous strategies to prevent motor vehicle collisions and their subsequent injuries, few have been effective in preventing motor vehicle injury claims. In this paper, we examine the role of legislation and compensation system in altering injury claim incidence. METHODS The population base for our natural experiment was all Saskatchewan, Manitoba, British ...

I. Placing Contributory Infringement Doctrine in the Context of Tort Law ............................................................................ 3 II. Tort Law’s Reasons for Imposing the Duty to Control on Others..................................................................................... 6 A. Control ............................................................................ 8 B....

This paper tests whether Chapter 11 restructuring outcomes are affected by time constraints in busy bankruptcy courts. On average, total bankruptcy filings rise by 32% during economic recessions, leaving bankruptcy judges with far less time per case exactly when financial distress is worst. Using the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) in 2005 as an e...