Negative and positive externalities pose symmetrical problems to social welfare. The law internalizes negative externalities by providing general tort liability rules. According to such rules, those who cause harm to others should pay compensation. In theory, in the presence of positive externalities, negative liability should apply: those who produce benefits should be paid a compensatory awar...

We examine the merits of imposing antitrust liability on an incumbent supplier of regulated services. Such antitrust liability can limit anticompetitive behavior by the incumbent supplier but also can distort activity in the regulated industry, including the actions of the regulator. We demonstrate how the merits of antitrust liability vary with the regulator’s objectives, instruments, and poli...

A debate rages over imposing liability on manufacturers or users of insecure systems. Imposing either liability or fines on the creators or users of insecure systems may work, but how are buyers to distinguish? We propose a variety of signals and analyze them. We evaluate when signals may be preferable to liability as a mechanism for enhancing security.

In the context of asset and liability management, we propose a portfolio selection model based on the expected return of the assets and the economic risk capital (ERC) associated to the asset liability portfolio, for short called mean-ERC asset liability portfolio selection. MeanERC efficiency in asset and liability management is closely related and compared to meanvariance efficiency in asset ...

There is a crisis in American medicine brewing up a perfect storm that could capsize our healthcare system as we know it. The culprits are a health insurance system that leaves more than 41 million Americans without coverage; a fatally flawed payment system that threatens the foundation of Medicare; onerous rules and regulations that are forcing physicians to spend more time on paperwork than w...

[This article focuses on accessorial liability under statute, in equity and in criminal law. One of its purposes is to identify some of the common problems that have arisen in determining the liability of accessories in different areas of civil law, whilst drawing some comparisons with the criminal law. It will be argued that the problems that need to be addressed in determining accessorial lia...

Once an attorney undertakes the representation of a client, i t becomes his obligation to exercise proper care to safeguard the client's interest. When a lawyer has accepted employment in a matter with which he is unfamiliar, this obligation entails the study necessary to make him competent in the matter. The Disciplinary Rules of the American Bar Association state that "a lawyer shall not hand...

Farclla Braan & Martel LLP S . Francisco Douglas R . Young (State Bar No . 073248), dyoung@fbm .com C. Brandon Wisoff (State Bar No . 121930), [email protected] James C . Mann (State Bar No . 221603) [email protected] Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: (415) 954-4400 Facsimile: (415) 954-4480 Attorneys for Defendant SHARLENE ABRAMS UNITED S...

Stephen B. Judlowe, Morgan Lewis & Bockius LLP, of New York, New York, argued for plaintiff-appellant. With him on the brief were Brian P. Murphy, Robert G. Gibbons, Esther H. Steinhauer, David Leichtman, and Timothy P. Heaton. William G. Gaede III, Cooley Godward LLP, of Palo Alto, California, argued for defendant-appellee. With him on the brief were Lori R.E. Ploeger and Michele E. Moreland. ...