Exploring the Domain of Accident Law

Consequently, here, too, the current malpractice system seems poorly constituted to encourage optimal injury precautions. ... increases in malpractice premium levels (as a proxy for 104 EXPLORING THE DOMAIN OF ACCIDENT LAW Output Analysis.

Author: Don Dewees

Publisher: Oxford University Press on Demand

ISBN: 0195087976

Category: History

Page: 465

View: 110

This work reviews empirical evidence relating to five major categories of accidents; automobile accidents; medical malpractice; product related accidents; environmental injuries; and workplace injuries. The authors also offer recommendations for revisions in the tort system.

Sand in the Gears

19 Don Dewees, David Duff, and Michael Trebilcock, Exploring the Domain of Accident Law: Taking the Facts Seriously (New York: Oxford, 1996). 20 Ibid., 412-38. 21 Ibid., 430. 22 Stephen D. Sugarman, Doing Away with Personal Injury Law: ...

Author: Andrew O. Smith

Publisher: Potomac Books, Inc.

ISBN: 1612345891

Category: Business & Economics

Page: 297

View: 483

American manufacturing has been on the decline for at least two generations. That fact is plain to any observer who travels through the Rust Belt of the Midwest, where the closing of steel plants and automobile factories has created ghost towns that dot the landscape. It is also clear from the dormant New England textile mills, whose owners surrendered their production first to cheaper mills in the Southeast before they, in turn, lost out to Asian labor. What caused this calamity, and what can be done about it?. Andrew O. Smith argues that we lost our manufacturing not simply to forces beyond our control, such as globalization and cheaper labor overseas, but as the result of misguided policies that are well within our abilities to reform for the benefit of manufacturing. Examining six areas of public policyOCothe tax system, health care, the legal system, workers' compensation, government regulations, and labor policyOCoSmith demonstrates that in each of these areas, current policy choices have created a hostile environment for manufacturing. Grounding his arguments not in polemic or ideology but in historical analysis and current research, Smith illustrates his points with real-world examples to show how a New Social Compact can fix the problems that manufacturers face, without sacrificing public policy goals."

Atiyah s Accidents Compensation and the Law

Korgaonkar,'The Impact of Litigation on PatientCare: AnEnquiry intoDefensive Medical Practices' [1991] Professional Negligence 2; Dewees, Duffand Trebilcock, Exploring the Domain of Accident Law, 96–112; B. Dickens, 'The Effectsof ...

Author: Peter Cane

Publisher: Cambridge University Press

ISBN: 1107311500

Category: Law

Page: 766

View: 719

Since publication of the seventh edition of this seminal text, personal injury law has witnessed momentous changes. A major overhaul of the social security system began in 2012 and the Equality Act 2010 significantly modifies anti-discrimination law and its impact on the disabled. But perhaps the most important legal developments have affected the financing and conduct of personal injury claiming and the operation of the claims-management industry. This new edition takes account of all this activity while setting it into a wider and longer perspective. Complaints that Britain is a 'compensation culture' and that the tort system is out of control are explained and assessed and options for further change are explored. Through the turmoil and controversy, the tort system remains a central feature of the legal and social landscape. The book's enduring central argument for its radical reform remains as compelling as ever.

Outdoor Activities Negligence and the Law

Calabresi, Guido, The Cost of Accidents: A Legal and Economic Analysis (Hartford CT: Yale, 1970). ... Dewees, Donald N., et al, Exploring the Domain of Accident Law: Taking the Facts Seriously (Oxford: OUP, 1996).

Author: Julian Fulbrook

Publisher: Routledge

ISBN: 1351913093

Category: Law

Page: 288

View: 175

Recent years have witnessed several tragedies during school and youth expeditions. This in turn has led to legislation and the tight regulation of Outdoor Activity Centres, with successive governments issuing guidelines for teachers and others supervising such activities. Inevitably there will always be risk in relation to adventurous pursuits in the outdoors, but the law in this area seeks a balance between the educational benefits gained and the need to safeguard against potential hazards. Mythologies have arisen, including the suggestion that a 'blame culture' is so overwhelming that no youth worker or teacher can sensibly engage anymore in such activities. This succinct guide to the legal position refers to a wide range of outdoor activities and recent legal cases. It demolishes some of the myths, pointing out common pitfalls noted in the research and in the litigation, together with an outline of robust safety features to combat potential hazards.

Consumer Protection Law

Pfizer v Ministry of Health [1965] 1 All ER 450. Cf. Stapleton, Howells note 94 above; J. Stapleton, 'Tort, Insurance and Ideology' (1995) 58 MLR 820. Cf. D. Dewees, D. Duff and M. Trebilcock, Exploring the Domain of Accident Law: ...

Author: Geraint Howells

Publisher: Routledge

ISBN: 1351949276

Category: Law

Page: 704

View: 658

This fully revised and updated second edition of Consumer Protection Law introduces the reader to the substantive law of consumer protection in the United Kingdom, the emphasis being on the place of United Kingdom law within an evolving European legal system and also on the need to draw upon comparative experience. The book not only seeks to place consumer protection in its purely black-letter context but also draws upon wider readings to show that consumer protection law is a complex area of law which reflects and shapes the individual citizen's position within the modern economy.

Permit But Discourage

We saw in Chapter 1 that there is evidence that the threat of tort liability can be effective in deterring ... D. Dewees, D. Duff & M. Trebilcock, Exploring the Domain of Accident Law: Taking the Facts Seriously 413 (New York: Oxford ...

Author: W. A. Bogart

Publisher: Oxford University Press

ISBN: 0199701857

Category: Law

Page: 396

View: 169

Permit But Discourage: Regulating Excessive Consumption, by W.A. Bogart is the first book to focus on problem gambling and its regulation and to situate this analysis in the larger context of regulating excessive consumption. This work analyzes the effectiveness of law in controlling excessive consumption. It engages theoretical discussions concerning the effectiveness of legal intervention, especially regarding "normativity", the relationship between law and norms. It also argues that various forms of over consumption (alcohol, smoking, non-nutritious eating) can be more effectively controlled by altering norms regarding them so that such excesses can be suppressed to a greater extent. Regulatory efforts are aimed not at forbidding consumption but at suppressing excessive aspects. In the case of tobacco this means zero consumption since there is no safe level of smoking. In contrast, in terms of alcohol, this means encouraging consumption of only moderate amounts. Addictive drugs are, generally, prohibited, and their use is criminalized. But there is a significant measure of public opinion that prohibition does more harm than good; that permit but discourage would produce better results. The battle against obesity, a contested concept, focuses on encouraging eating nutritious foods and being physically active. The book then focuses on one form of consumption that is associated with major social issues: problem gambling. Regulation, to date, has been mostly on ensuring honesty regarding the various games and in promoting revenue enhancement for owners (often governments). However, in the face of the mounting evidence regarding the damage caused by those with impaired control, there are increasing calls for the regulatory frameworks to make "harm minimization" and related concepts a priority. "Harm minimization" brings permit but discourage to the fore in terms of gambling and problem gambling. Permit But Discourage examines a variety of legal interventions that could be used to address problem gambling.

Elgar Encyclopedia of Comparative Law Second Edition

Dewees, D. (1992), 'The Comparative Efficacy of Tort Law and Regulation for Environmental Protection', Geneva Papers on Risk and Insurance, 446–76. Dewees, D., D. Duff and M. Trebilcock (1996), Exploring the Domain of Accident Law: ...

Author: J. M. Smits

Publisher: Edward Elgar Publishing

ISBN: 1781006105

Category: Law

Page: 1000

View: 720

Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.

Making Tort Law

What Should be Done and who Should Do it Charles Fried, David Rosenberg (Professor of law) ... On the deterrence benefits of tort liability , see Dewees , Duff , and Trebilcock , Exploring the Domain of Accident Law : Taking the Facts ...

Author: Charles Fried

Publisher: American Enterprise Institute

ISBN: 9780844741789

Category: Law

Page: 140

View: 455

Two Harvard law professors make the case for improving tort law to better protect individuals and discipline businesses.

Employers Liability and Workers Compensation

... Exploring the Domain of Accident Law: Taking the Facts Seriously (1996). For statistical analyses see, UK Personal Injury Litigation 2009, Datamonitor Report, December 2009 and International Underwriting Association of London, ...

Author: Ken Oliphant

Publisher: Walter de Gruyter

ISBN: 3110270218

Category: Law

Page: 660

View: 391

The study will consist of reports from different countries and will focus on the compensation of occupational diseases and accidents. Issues like discrimination, moral or sexual harassment and other damages claims of employees will be dealt with in the reports for some countries. Major aspects of the reports will be a description of different existing compensation schemes, interactions between Employers' Liability and Workers' Compensation, a comparison of both systems and their respective efficiency.

Scholars of Tort Law

Compare the three to four-year time period based on 1984 data from the United States Congress's General Accounting Office: D DeWees et al, Exploring the Domain of Accident Law (Oxford, OUP, 1996) 121. 167 J O'Connell and CA Stanton, ...

Author: James Goudkamp

Publisher: Bloomsbury Publishing

ISBN: 1509910581

Category: Law

Page: 424

View: 242

The publication of Scholars of Tort Law marks the beginning of a long overdue rebalancing of private law scholarship. Instead of concentrating on judicial decisions and academic commentary only for what that commentary says about judicial decisions, the book explores the contributions of scholars of tort law in their own right. The work of a selection of leading scholars of tort law from across the common law world, ranging from Thomas Cooley (1824–1898) to Patrick Atiyah (1931–2018), is addressed by eminent current scholars in the field. The focus of the contributions is on the nature of the work produced by each of the scholars in question, important influences on their work, and the influence which that work in turn had on thinking about tort law. The process of subjecting tort law scholarship to sustained analysis provides new insights into the intellectual development of tort law and reveals the important role played by scholars in that development. By focusing on the work of influential tort scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.