Protecting the environment: finding the balance between Delaney and free play
Article Abstract:
Institutional structures must be taken into account in devising a system for managing environmental risks. The costs and benefits differ for systems with centralized control versus those in which the enterprises have property rights. A balance must be sought between the extremes of prohibition through a Delaney-like Clause and free play without restrictions. An analogy between city parking problems and problems in managing environmental risks is discussed, pointing to formal similarities as well as substantive differences between the two problems.
Publication Name: University of Pennsylvania Journal of International Economic Law
Subject: Law
ISSN: 1086-7872
Year: 1997
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Brits adopt U.S.-style tort litigation methods
Article Abstract:
The conclusion that easier claimant litigation can facilitate policy reform seems to be behind a British class action suit brought on a contingent fee basis againt a group of manufacturers in the cigarette industry. In the US the contingent fee has been a part of business since the turn of the century, and the British seem to be learning from our experience. Claimant litigation occupies a place between individual decision-making and the activity of the legislature.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Less access
Article Abstract:
Tort reform is a major issue in the 1992 US presidential campaign. Attorneys are portrayed as a cabal sapping the strength of the American economy. Much of what has passed as reform, however, will suffice to deprive individuals of their rights. What is needed is not only means to curtail excesses of the legal system as it stands, but a means of streamlining it allowing flexibility in the handling of cases.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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- Abstracts: Environment report. The environment and the single market
- Abstracts: Mediating employment disputes under the Disabilities Act. Mediating disputes between banks and small businesses
- Abstracts: Practical tips for using risk analysis in mediation. Using evaluations in mediation
- Abstracts: Corporate finance and disclosure. Disclosure of corporate wrongdoing
- Abstracts: Significant securities decisions in the federal circuits. Survey of recent significant securities cases