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106 Cards in this Set

  • Front
  • Back
Author: The Problem of Social Cost
Coase
Author: When Does the Rule of Liability Matter?
Demsetz
Author: Consumption Theory, Production Theory, and Ideology in the Coase Theorem
Kelman
Author: Killing or Wounding to Protect a Property Interest
Posner
Author: Fairness and Utility in Tort Theory
Fletcher
Author: The Concept of Corrective Justice in Recent Theories of Tort Law
Posner
Author: Rethinking Comparative Law: Variety and Uniformity in Ancient and Modern Tort Law
Levmore
Author: Tort Law and the Economy in 19th-Century America: A Reinterpretation
Schwartz
Author: Some Effect of Uncertainty on Compliance with Legal Standards
Calfee and Craswell
Author: Remarks on Causation and Liability
Thomson
Author: Probabilistic Recoveries, Restitution, and Recurring Wrongs
Levmore
Author: Property, Wrongfulness, and the Duty to Compensate
Coleman
Author: Women, Mothers and the Law of Fright: A History
Chamallas and Kerber
Author: Untaken Precautions
Grady
Author: Opting for the British Rule, or If Posner and Shavell Can't Remember the Coase Theorem, Who Will?
Donohue
Author: A Market in Personal Injury Tort Claims
Shukaitis
Author: The Boundaries of Vicarious Liability: An Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines
Sykes
Author: Social Change and the Law of Industrial Accidents
Friedman and Ladinsky
Author: Waiting for Rescue: An Essay on the Evolution and Incentive Structure of the Law of Affirmative Obligations
Levmore
Author: A Lawyer's Primer on Feminist Theory and Tort
Bender
Author: A Case for a Duty to Rescue
Weinrib
Author: Property Rules, Liability Rules, and Inalienability: One View of the Cathedral
Calabresi and Melamed
Author: A Critique of Economic and Sociological Theories of Social Control
Ellickson
Author: The Social Consequences of Common-Law Rules
Epstein
Author: The Current Insurance Crisis and Modern Tort Law
Priest
Author: Incentive Issues in the Design of "No-Fault" Compensation Systems
Trebilcock
Author: Some Reflections on the Process of Tort Reform
Rabin
Author: In the Shadow of the Legislature: The Common Law in the Age of the New Public Law
Farber and Frickey
Who, in what article, talks about overall economic input being the same regardless of where the law places liability, absent transaction costs?
Coase, The Problem of Social Cost
Who, in what article, talks about cattle ranchers and farmers?
Coase, The Problem of Social Cost
Who, in what article, talks about government acting as a super firm in order to increase economic efficiency?
Coase, The Problem of Social Cost
Who, in what article, talks about drivers and pedestrians as an example of the side with liability becoming less attractive?
Demsetz, When Does the Role of Liability Matter?
Who, in what article, talks about the problem of extortion in the Coase theorem?
Demsetz, When Does the Role of Liability Matter?
Who, in what article, talks about the fact that the Coase theorem fails because people don't treat opportunity income the same as realized income?
Kelman, Consumption Theory, Production Theory, and Ideology in the Coase Theorem
Who, in what article, talks about the fact that the Coase theorem's view of human behavior is wrong because it assumes that people act in perfect economic interest?
Kelman, Consumption Theory, Production Theory, and Ideology in the Coase Theorem
Who, in what article, talks about the spring gun law?
Posner, Killing or Wounding to Protect a Property Interest
Who, in what article, talks about the idea that tort law should not be about compensation, but rather giving incentives to maximize social utility?
Posner, Killing or Wounding to Protect a Property Interest
Who, in what article, talks about a more complex rule for when an owner has liability for using spring gun?
Posner, Killing or Wounding to Protect a Property Interest
Who, in what article, talks about the idea that the underlying assumption of tort law is that wrongdoers ought to pay for their wrongs?
Fletcher, Fairness and Utility in Tort Theory
Who, in what article, talks about two conflicting paradigms, that of reciprocity and that of reasonableness?
Fletcher, Fairness and Utility in Tort Theory
Who, in what article, talks about Aristotle's theory of corrective justice, where you look at the character of the act instead of the character of the parties?
Posner, Corrective Justice in Recent Theories of Tort Law
Who, in what article, talks about an answer to Flethcher's paradigm theory?
Posner, Corrective Justice in Recent Theories of Tort Law
Who, in what article, talks about ancient laws such as the Code of Hammurabi?
Levmore, Rethinking Comparative Law: Variety and Uniformity in Ancient and Modern Tort Law
Who, in what article, talks about the idea that many of the same issues that legal scholars debate today have existed for thousands of years?
Levmore, Rethinking Comparative Law: Variety and Uniformity in Ancient and Modern Tort Law
Who, in what article, talks about the prevailing view of tort law as the courts providing a subsidy to emerging enterprise in the 19th Century?
Schwartz, Tort Law and the Economy in 19th-Century America: A Reinterpretation
Who, in what article, talks about the idea that the prevailing view of subsidy is wrong and that fault was actually linked to liability in American courts throughout the 19th Century?
Schwartz, Tort Law and the Economy in 19th-Century America: A Reinterpretation
Who, in what article, talks about how uncertainty affects behavior?
Calfee and Craswell, Some Effects of Uncertainty on Compliance with Legal Standards
Who, in what article, talks about uncertainty giving parties economic incentives to overcomply or undercomply?
Calfee and Craswell, Some Effects of Uncertainty on Compliance with Legal Standards
Who, in what article, talks about an analysis of Summers v. Tice?
Thomson, Remarks on Causation and Liability
Who, in what article, talks about a second hypo for Summers v. Tice, where one P is found to have actually shot the D?
Thomson, Remarks on Causation and Liability
Who, in what article, talks about the DES cases?
Thomson, Remarks on Causation and Liability
Who, in what article, talks about freedom of action providing a baseline for whom to pick out to be responsible for the harm they've incurred.
Thomson, Remarks on Causation and Liability
Who, in what article, talks about Thomson's article and adds the idea of unjustifiably imposing risks on others to Thomson's freedom of action?
Coleman, Property, Wrongfulness and the Duty to Compensate
Who, in what article, talks about causation particularizing the victim, not the injuror?
Coleman, Property, Wrongfulness and the Duty to Compensate
Who, in what article, attacks Epstein and Weinribs ideas of property rights supporting strict liability and negligence standards?
Coleman, Property, Wrongfulness and the Duty to Compensate
Who, in what article, argues that no standard is inherent in property rights?
Coleman, Property, Wrongfulness and the Duty to Compensate
Who, in what article, talks about probabilistic recovery vs. preponderance of the evidence?
Levmore, Probabilistic Recoveries, Restitution, and Recurring Wrongs
Who, in what article, talks about the amount that people being liable to pay varying with the probability that the tortfeasor caused harm?
Levmore, Probabilistic Recoveries, Restitution, and Recurring Wrongs
Who, in what article, talks about Lone Palm Hotel and the recurring misses theory?
Levmore, Probabilistic Recoveries, Restitution, and Recurring Wrongs
Who, in what article, talks about "lost chance" recovery?
Levmore, Probabilistic Recoveries, Restitution, and Recurring Wrongs
Who, in what article, talks about the law of fright through a feminist perspective?
Chamallas and Kerber, Women, Mother and the Law of Fright
Who, in what article, talks about the Dillon case being an empowerment of women's rights?
Chamallas and Kerber, Women, Mother and the Law of Fright
Who, in what article, talks about the bond between mother and child leading to a surge for fright based injury?
Chamallas and Kerber, Women, Mother and the Law of Fright
Who, in what article, talks about the selection of untaken precautions on which the P relies defining the analysis that everyone else will use, including the D?
Grady, Untaken Precautions
Who, in what article, talks about the idea that a P's lawyer should ask, in order to establish negligence, what the D should have done and what precautions should they have taken?
Grady, Untaken Precautions
Who, in what article, talks about the idea that as P's lawyer, you try to pick the right untaken precaution, which when plugged into the Hand formula, equals negligence?
Grady, Untaken Precautions
Who, in what article, talks about the difference between assigning costs to the losing side and not doing so?
Donohue, Opting for the British Rule, or If Posner and Shavell Can't Remember the Coase Theorem, Who Will?
Who, in what article, talks about which risk theory would prompt more settlement?
Donohue, Opting for the British Rule, or If Posner and Shavell Can't Remember the Coase Theorem, Who Will?
Who, in what article, talks about the Coase theorem saying that rate of settlement would not change as long as people can bargain amongst themselves over which rule of court costs to adopt?
Donohue, Opting for the British Rule, or If Posner and Shavell Can't Remember the Coase Theorem, Who Will?
Who, in what article, talks about the Coase theorem being not as efficient or logical as it seems because parties don't negotiate the costs of court often enough?
Donohue, Opting for the British Rule, or If Posner and Shavell Can't Remember the Coase Theorem, Who Will?
Who, in what article, talks about the pros and cons of a market for personal injury tort claims?
Shukaitis, A Market in Personal Injury Tort Claims
Who, in what article, talks about the chief advantage of a market in personal injury tort claims being it moving a claim from the victim, who gives it a low value, to a professional purchaser who can move more efficiently?
Shukaitis, A Market in Personal Injury Tort Claims
Who, in what article, talks about how do define when employers should be liable for the actions of their employees?
Sykes, The Boundaries of Vicarious Liability: An Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines
Who, in what article, talks about respondeat superior's weakness being it's low deterrence to the employee directly?
Sykes, The Boundaries of Vicarious Liability: An Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines
Who, in what article, talks about FELA - Federal Employers Liability Act and its abolishment of the fellow servant rule?
Friedman and Ladinsky, Social Change and the Law of Industrial Accidents
Who, in what article, talks about development of worker's compensation?
Friedman and Ladinsky, Social Change and the Law of Industrial Accidents
Who, in what article, talks about the "great man" theory?
Friedman and Ladinsky, Social Change and the Law of Industrial Accidents
Who, in what article, talks about carrots and sticks?
Levmore, Waiting for Rescue: An Essay on the Evolution and Incentive Structure of the Law of Affirmative Obligations
Who, in what article, talks about the legal duty to come to the aid of someone in danger?
Levmore, Waiting for Rescue: An Essay on the Evolution and Incentive Structure of the Law of Affirmative Obligations
Who, in what article, talks about the role of the law as giving the right level of incentives?
Levmore, Waiting for Rescue: An Essay on the Evolution and Incentive Structure of the Law of Affirmative Obligations
Who, in what article, talks about the feminist approach to tort law?
Bender, A Lawyer's Primer on Feminist Theory and Tort
Who, in what article, talks about the reasonable person being an implicit male norm?
Bender, A Lawyer's Primer on Feminist Theory and Tort
Who, in what article, talks about how tort law should be based on a responsibility to others, not freedom of action?
Bender, A Lawyer's Primer on Feminist Theory and Tort
Who, in what article, talks about how law should not be so adversarial?
Bender, A Lawyer's Primer on Feminist Theory and Tort
Who, in what article, talks about the Bentham view of a duty to rescue because victim has emergency as long as it is not a large burden on the rescuer?
Weinrib, A Case for the Duty to Rescue
Who, in what article, talks about utilitarianism?
Weinrib, A Case for the Duty to Rescue
Who, in what article, advocates having a duty to rescue when there is an emergency where the rescue will not inconvience the rescuer?
Weinrib, A Case for the Duty to Rescue
Who, in what article, talks about concept of entitlements?
Calabresi and Melamed, Property Rules, Liability Rules, and Inalienability: One View of the Cathedral
Who, in what article, talks about 3 kinds of entitlements: protected by property rules, protected by liability rules, inalienable entitlements?
Calabresi and Melamed, Property Rules, Liability Rules, and Inalienability: One View of the Cathedral
Who, in what article, talks about 3 reasons that entitlements are set: economic efficiency, distributional preferences, and other justice considerations?
Calabresi and Melamed, Property Rules, Liability Rules, and Inalienability: One View of the Cathedral
Who, in what article, talks about applying liability rules to uncertainty?
Calabresi and Melamed, Property Rules, Liability Rules, and Inalienability: One View of the Cathedral
Who, in what article, talks about whether law creates social order?
Ellickson, A Critique of Economic and Sociological Theories of Social Control
Who, in what article, talks about Shasta County cattle ranchers?
Ellickson, A Critique of Economic and Sociological Theories of Social Control
Who, in what article, talks about the idea that social norms actually guide behavior more than the law imposed by a central authority?
Ellickson, A Critique of Economic and Sociological Theories of Social Control
Who, in what article, discusses that the impact of common law decision on redistribution of wealth and encouraging economic efficiency is actually very minor?
Epstein, The Social Consequences of Common-Law Rules
Who, in what article, talks about the fact that it is very difficult for a common law system to achieve shift in social policy by itself?
Epstein, The Social Consequences of Common-Law Rules
Who, in what article, talks about the extent that courts have expanded tort liability over time and it's adverse effects on the amount of insurance available to Ds?
Priest, The Current Insurance Crisis and Modern Tort Law
Who, in what article, talks about the fact that low risk insureds are more likely to drop insurance when premiums go up, which effects the insurance company's balance of risk adversity?
Priest, The Current Insurance Crisis and Modern Tort Law
Who, in what article, talks about how important the economics of an insurance company are to the tort system?
Priest, The Current Insurance Crisis and Modern Tort Law
Who, in what article, talks about counter-arguments against "no-fault" insurance?
Trebilcock, Incentive Issues in the Design of 'No-Fault' Compensation Systems
Who, in what article, focuses on two of the major goals of the tort system: compensation and deterrence and the inability to separate them?
Trebilcock, Incentive Issues in the Design of 'No-Fault' Compensation Systems
Who, in what article, talks about the alternatives to the current tort system and the major problems thereof?
Trebilcock, Incentive Issues in the Design of 'No-Fault' Compensation Systems
Who, in what article, talks about the pessimistic view on tort reform?
Rabin, Some Reflections on the Process of Tort Reform
Who, in what article, talks about the problems with modern tort reform, such as damage awards?
Rabin, Some Reflections on the Process of Tort Reform
Who, in what article, talks about public choice theory and republicanism?
Farber and Frickey, In the Shadow of the Legislature: The Common Law in the Age of the New Public Law
Who, in what article, talks about how common law courts conduct themselves with respect to legislative process?
Farber and Frickey, In the Shadow of the Legislature: The Common Law in the Age of the New Public Law