Sign up & Download
Sign in


Papers in this group

  1. For more than a century, courts have universally applied the eggshell plaintiff rule, which holds tortfeasors liable for the full extent of the harm inflicted on vulnerable “eggshell” victims. Liability attaches even when the victim’s condition and…
  2. It is now a universally accepted rule of American tort law that a defendant takes the plaintiff as she finds her. This article will explore the implications of the so-called “eggshell plaintiff” rule, focusing on the behavioral incentives created in…
  3. This paper presents a mechanism for regulating pollution when industry harm--but not individual firms' contributions--is observable. The mechanism is based on a modification of Cooter and Porat's Total Liability for Excessive Harm (TLEH). We propose…
  4. This classic casebook earned its position as the preeminent work in the field by teaching generations of students the meaning and methods of economic analysis. The Sixth Edition continues to cover every aspect of economic analysis of the law-from…
  5. Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of…
  6. Throughout its history, the economic analysis of tort law has been largely limited to one question: How should tort rules be formulated so as to minimize the social cost of accidents? Throughout its history, the economic analysis of tort law has…