Behavioral Law And Economics

Author: Eyal Zamir
Publisher: Oxford University Press
ISBN: 0190901373
Size: 32.56 MB
Format: PDF
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In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. Eyal Zamir and Doron Teichman survey the entire body of psychological research that lies at the basis of behavioral analysis of law, and critically evaluate the core methodological questions of this area of research. Following this, the book discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for setting the law's goals and designing the means to attain them. The book then provides a systematic and critical examination of the contributions of behavioral studies to all major fields of law including: property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law, as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.

Understanding The Law For Physicians Healthcare Professionals And Scientists

Author: Marshall S. Shapo
Publisher: Taylor & Francis
ISBN: 1351054805
Size: 66.40 MB
Format: PDF, ePub, Mobi
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Many workers in medicine, healthcare administration, science, and technology, no matter how strong their academic degrees or how distinguished their careers, find themselves baffled, frustrated, and even angered by their encounters with the law. Some of those occasions may lead to the need for a lawyer. But many of the bafflements and frustrations arise from ignorance about what the law is, including how it operates. Over more than a half century of inquiry into the relations between law and science, and through numerous conversations with physicians, scientists, and healthcare professionals whose work rests on technological development, the author realized that they often desire more knowledge about the operations of the law and the legal system. This book seeks to provide basic knowledge about the law in realms where these professionals often encounter it, primarily in areas where activities pose risks of personal injury. This book discusses two basic types of law: civil litigation and other remedies afforded to persons who ascribe injuries to the conduct or product of others, and direct regulation by the government of the levels of safety in those areas. Principal practical applications of this knowledge lie in ways to minimize risk, both in the primary sense and in efforts to avoid litigation over injuries, and in how to present arguments about policy to government officials who write laws and regulations.

Tort And Injury Law

Author: Marshall S. Shapo
Publisher:
ISBN: 9780890892053
Size: 29.99 MB
Format: PDF, ePub, Docs
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Featuring both classic and modern dramatic cases, the third edition of Tort and Injury Law includes provocative problems and pithy topic outlines. The cases, selected for intrinsic interest and teachability, are interspersed with materials on law and economics, behavioral data, and legal philosophy. Shapo and Peltz constantly employ motifs that introduce basic techniques of judicial analysis and modes of judicial administration. They deftly convey the the human drama of courtroom trials by strategically weaving transcript excerpts throughout the text. The new edition contains focused presentation of modern controversies in law and policy, including: products liability; scientific proof; informed consent; and a stimulating collection of classic and contemporary materials on compensation plans, including the September 11th Victims' Compensation Fund.The section on duty and proximate cause, chock-full of interesting cases, presents a flexible framework for a variety of approaches to the topic. In addition, stimulating materials on medical malpractice appear in several sections of the book. Another highlight of the book is its materials on current problems in toxic torts, including issues of scientific proof. Tort and Injury Law presents many opportunities for selection to suit the preferences of a wide range of torts teachers. After building a backbone for the book out of fundamental concepts pivotal to the beginning lawyer, Shapo and Peltz weave threads of law and economics, moral philosophy, and feminist jurisprudence around that spine. The comprehensive teacher's manual contains up-to-date references for case law, scholarly articles and The Third Restatement. Besides providing professors with a variety of course-planning materials, the teacher's manual also contains a large number of exam problems.

Principles Of Tort Law

Author: Marshall S. Shapo
Publisher: West Academic
ISBN: 9780314195388
Size: 36.34 MB
Format: PDF, Kindle
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The third edition provides new material on purposes of tort law, battery, sexual harassment, terminology and policies of negligence, health care malpractice issues, assumption of risk, strict liability, proof and causation, duty and proximate cause, duty to act, media torts, damages. Coverage also includes case summaries of newsworthy issues of headline interest throughout the text. A new chapter on fraud and heart balm torts has been added as well.