In three studies, participants assigned civil liability at moderate to high rates to injurers whose conduct was not negligent, holding them to a strict liability standard. The law would generally not assign liability in these cases, instead only imposing it when the actor was negligent or when the activities were “abnormally dangerous.” Participants are more likely to assign liability in the ab...

In 1890, Congress declared illegal every "contract, combination ... or conspiracy, in restraint of trade."2 Fifty years later, the Supreme Court recognized an exception as deceptively simple as the statute itself: "the Sherman Act . . . must be taken to be a prohibition of individual and not state action." Thus was born the state action doctrine, which effectively immunizes anticompetitive cond...

This paper critically considers the neoclassical social-cost approach to problems of pollution. This traditional approach, when subjected to close scrutiny, is found to be seriously wanting in applicability and consistency. A less ambitious alternative based on notions of strict liability is offered. The social-cost approach is an offshoot of the “new welfare economics~’developed during the las...

Pengaturan sanksi pencemaran lingkungan hidup di Indonesia mengalami perubahan setelah disahkannya Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja (“UU Kerja”). Terdapat beberapa dan penghapusan pasal-pasal krusial seperti izin menjadi persetujuan lingkungan, penambahan baru berupa denda administratif, pidana terkait pembuangan limbah B3 tanpa izin, pergeseran yang menyebabkan multitafsir...