Results 101 to 110 of about 23,667 (236)
Presumption of Patent Validity and Litigation Incentives
ABSTRACT We analyze the effects of the presumption of patent validity on litigation incentives and outcomes. We develop a litigation game between a patent holder and an alleged infringing firm. A court resolves the dispute if there is a trial. We model the court's decision‐making as a learning process based on evidence and consider the presumption as a
Alice Guerra, Tapas Kundu
wiley +1 more source
Quantum Tort Law: The Law of Torts in a Probalistic World
Despite the findings of natural scientists and philosophers, the law of torts is still clinging on a strictly deterministic (in the Laplacian sense) idea of the world. Probabilistic considerations are not alien to the legal world, yet they are generally regarded as ad hoc exceptions to handle particularly complex cases.
openaire +2 more sources
Transferred Intent in American Tort Law
The transferred-intent doctrine is a fiction that is no longer needed by American tort law, because of the replacement of contributory negligence with comparative negligence and development in the law of negligence since the creation of the transferred ...
Johnson, Vincent R +2 more
core
Tort Reform and Accidental Deaths
Theory suggests that tort reform could have either of two impacts on accidents. First, reforms could increase accidents as tortfeasors internalize less of the costs of externalities, and thus, have less incentive to reduce the risk of accidents.
Shepherd, Joanna M., Rubin, Paul H.
core
Tort as Private Administration
What does tort law do? This Article develops an account of the law of torts for the age of settlement. A century ago, leading torts jurists proposed that tort doctrine's main function was to allocate authority between judge and jury.
Witt, John
core
Acte d'obertura del "2024 Symposium Tort Law Reform in Europe and Beyond: Why is Tort Law Reform so Difficult?" a càrrec de Miquel Martín Casals i ponència de Julija Kiršiene, professora de Dret civil a la Vytautas Magnus University, sobre la Reforma de ...
Kiršiene, Julija +1 more
core
The Impact of Tort Reform on Employer-Sponsored Health Insurance Premiums [PDF]
We evaluate the effect of tort reform on employer-sponsored health insurance premiums by exploiting state-level variation in the timing of reforms. Using a dataset of healthplans representing over 10 million Americans annually between 1998 and 2006, we ...
Ronen Avraham +2 more
core
Tort liability often turns to a substantial degree on an actor's good or bad luck. For example, a driver may be lucky to be more skilled than average, or unlucky to be less. Alternatively, she may be lucky to avoid hitting a pedestrian, or unlucky to hit
Goldberg, John C. P. +3 more
core
Chinese tort law between tradition and transplants
This is a short summary of the history and recent developments of Chinese tort law in the context of reception of Western legal ...
hao jiang
core +1 more source

