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Registros recuperados: 10
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A Neglected Interdependency in Liability Theory AgEcon
Dharmapala, Dhammika; Hoffmann, Sandra A.; Schwartz, Warren.
The standard economic model of bilateral precaution concludes that (in the absence of uncertainty, misperception, or error) all negligence-based liability rules induce socially optimal behavior by both injurers and victims. This paper generalizes the standard model to consider situations in which one party's precaution affects not only expected accident loss, but also directly affects the other party's effort or cost of taking precaution. If the injurer's care affects the victim's precaution costs (but not vice versa), most of the standard results continue to hold (except for strict liability with a defense of contributory negligence). If the victims precaution affects the injurers costs of care (but not vice versa), only strict liability with a defense of...
Tipo: Working or Discussion Paper Palavras-chave: Law and economics; Tort laws; Risk and Uncertainty; K13; K00.
Ano: 2001 URL: http://purl.umn.edu/10626
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Accidents Waiting to Happen: Liability Policy and Toxic Pollution Releases AgEcon
Alberini, Anna; Austin, David H..
Proponents of environmental policies based on liability assert that strict liability imposed on polluters induces firms to handle hazardous wastes properly. We run regressions relating unintended pollution releases to strict liability imposed on polluters, exploiting variation across states and over time in the liability provisions of state mini-Superfund laws. Strict liability reduces the frequency and severity of pollution releases, provided it is modeled endogenously with the latter. Its effects vary with firm size. Partially sheltered from liability, small firms may have specialized in riskier production processes, but their number has not necessarily grown in response to the states' liability policy.
Tipo: Working or Discussion Paper Palavras-chave: Strict liability; Negligence; Hazardous waste; State environmental policy; Endogenous policy adoption; Environmental Economics and Policy; Q28; D72; K13.
Ano: 2001 URL: http://purl.umn.edu/10518
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Agricultural Insurance as an Environmental Policy Tool AgEcon
Coble, Keith H.; Hanson, Terrill R.; Miller, J. Corey; Shaik, Saleem.
This paper examines the possibility that insurance for row crops, livestock, and aquaculture can be used effectively to encourage producers to adopt practices that will improve environmental behavior. Examples of agricultural environmental insurance are provided and considered in the context of alternative policy mechanisms. The current state of agricultural insurance and the nonagricultural environmental insurance market are explored. We also lay out the characteristics of an insurable risk along with the theoretical basis of insurance provision. An empirical example of an environmental insurance design is provided, and the behavioral implications of such a design are examined. Finally, we discuss important considerations that should be evaluated...
Tipo: Journal Article Palavras-chave: Environment; Insurance; Liability; D81; G22; H23; K13; Q18.
Ano: 2003 URL: http://purl.umn.edu/43214
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Financial Assurance Rules and Natural Resource Damage Liability: A Working Marriage? AgEcon
Boyd, James.
The study explores challenges associated with, and the feasibility of, financial assurance requirements for liabilities arising under U.S. environmental statutes, with a particular emphasis on liabilities associated with natural resource damages (NRDs). The overlap between federal NRD liability and financial assurance arises in the context of two financial assurance rules: one for waterborne vessels that carry oil or hazardous substances, and one for offshore facilities used for oil exploration, drilling, production, or transport. The report addresses the rules' history, their role as a complement to other forms of environmental regulation, and their impact on the regulated community and providers of coverage. Despite numerous difficulties and over...
Tipo: Working or Discussion Paper Palavras-chave: Financial assurance; Financial responsibility; Natural resource damages; Liability; Resource /Energy Economics and Policy; K13; K32; Q38.
Ano: 2001 URL: http://purl.umn.edu/10673
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Financial Responsibility for Environmental Obligations: Are Bonding and Assurance Rules Fulfilling Their Promise? AgEcon
Boyd, James.
Financal assurance rules, also known as financial responsibility or bonding requirements, foster cost internalization by requiring potential polluters to demonstrate the financial resources necessary to compensate for environmental damage that may arise in the future. Accordingly, assurance is an important complement to liability rules, restoration obligations, and other regulatory compliance requirements. The paper reviews the need for assurance, given the prevalence of abandoned environmental obligations, and assesses the implementation of assurance rules in the United States. From the standpoint of both legal effectiveness and economic efficiency, assurance rules can be improved. On the whole, however, cost recovery, deterrence, and enforcement are...
Tipo: Working or Discussion Paper Palavras-chave: Financial assurance; Financial responsibility; Bonding; Environmental insurance; Environmental Economics and Policy; K13; Q38; K32.
Ano: 2001 URL: http://purl.umn.edu/10809
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Global Compensation for Oil Pollution Damages: The Innovations of The American Oil Pollution Act AgEcon
Boyd, James.
Via technology and operations standards, U.S. regulation exerts an important influence over worldwide marine safety standards. But in addition, several other aspects of U.S. law deserve wider international consideration and adoption. First, the Oil Pollution Act's natural resource damage provisions are an innovative and effective way to deter marine pollution and provide for the restoration of injured ecological resources. Second, the relatively strict financial requirements imposed on marine transporters help ensure that polluters, rather than the public, pay if damage is caused. Liability and financial responsibility rules are not unknown in other countries. But the United States has a longer history with implementation and applies its rules more...
Tipo: Working or Discussion Paper Palavras-chave: Oil Pollution Act; Natural resource damages; Environmental liability; Financial assurance; Financial responsibility; Valuation; Farm Management; K13; K32; Q38.
Ano: 2004 URL: http://purl.umn.edu/10691
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Governing the Co-existence of GM Crops: Ex-Ante Regulation and Ex-Post Liability under Uncertainty and Irreversibility AgEcon
Beckmann, Volker; Soregaroli, Claudio; Wesseler, Justus.
The future institutional environment for the co-existence of genetically modified (GM) crops, conventional crops and organic crops in Europe combines measures of ex-ante regulation and ex-post liability rules. Against this background we ask the following two questions: How does ex-ante regulation and ex-post liability under irreversibility and uncertainty affect the adoption of GM crops? What are the implications for regional agglomeration of GM and non-GM crops? Ex-ante regulations and ex-post liabilities for using GM crops will induce additional costs. These costs are modelled in a classical way. The model is advanced by including irreversibility and uncertainty and taking into account transaction costs of negotiating possible solutions with neighbouring...
Tipo: Working or Discussion Paper Palavras-chave: Co-existence; GM crops; Liability law; Public regulation; Technology adoption; Agricultural and Food Policy; Research and Development/Tech Change/Emerging Technologies; K13; O33; Q18.
Ano: 2006 URL: http://purl.umn.edu/18845
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Product liability: the normative Austrian perspective AgEcon
Folmer, Henk; Heijman, Wim J.M.; Leen, Auke R..
The paper is an exercise in a normative economic analysis of product liability. After a short historical introduction, we take two of the basic premises of Austrian economic thought and see which system of product liability results. If costs are subjective and entrepreneurship is the essence of an efficient market process a system of caveat emptor follows. The paper also answers some possible criticisms from the mainstream neoclassical perspective.
Tipo: Working or Discussion Paper Palavras-chave: Austrian economics; Product liability; Contract law; Consumer/Household Economics; B29; K12; K13.
Ano: 2001 URL: http://purl.umn.edu/43020
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Retroactive Liability and Future Risk: The Optimal Regulation of Underground Storage Tanks AgEcon
Boyd, James; Kunreuther, Howard.
The optimal design of environmental liability policy focuses on two primary policy issues: the cleanup of existing sources of pollution and the definition and enforcement of policies to promote prospectively efficient environmental risk reduction. Through the analysis of a policy toward a pervasive environmental risk -- leaking underground storage tanks - we analyze the effectiveness of an existing policy governing retroactive and prospective liability issues and suggest ways in which that policy can be improved. While we find some theoretical support for the public financing of UST cleanups, we also find the current system to be flawed in its implementation. In general, the paper argues that public financing of past pollution cleanup costs can lead to...
Tipo: Working or Discussion Paper Palavras-chave: Liability; Underground storage tanks; Risk and Uncertainty; K13; Q28.
Ano: 1995 URL: http://purl.umn.edu/10768
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Torts and the Protection of "Legally Recognized" Interests AgEcon
Hoffmann, Sandra A.; Hanemann, W. Michael.
The law of torts plays an important role in completing the legal property rights system by defining the extent to which property is protected from harm. It does this by defining the kinds of interests that will be recognized and protected from harm by the courts, the duty of care owed these recognized interests by others, and the manner in which they will be protected through monetary compensation, restitution, or injunction. Together, these three elements of torts define a right in the "bundle of rights" that constitute property. In this paper, we develop a systematic approach to formalizing the nature of the property rights protected by tort law. We use this approach to reexamine the literature on compensation for nonpecuniary damages. This reexamination...
Tipo: Working or Discussion Paper Palavras-chave: Torts; Property rights; Liability; Compensation; Damages; Insurance; Research and Development/Tech Change/Emerging Technologies; D31; D63; K0; K13.
Ano: 2005 URL: http://purl.umn.edu/10472
Registros recuperados: 10
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