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This book focuses on the analysis of liability rules of tort law from an efficiency perspective, presenting a comprehensive analysis of these rules in a self-contained and rigorous yet accessible manner. It establishes general results on the efficiency of liability rules, including complete characterizations of efficient liability rules and efficient incremental liability rules. The book also establishes that the untaken precaution approach and decoupled liability are incompatible with efficiency. The economic analysis of tort law has established that for efficiency it is necessary that each party to the interaction must be made to internalize the harm resulting from the interaction. The characterization and impossibility theorems presented in this book establish that, in addition to internalization of the harm by each party, there are two additional requirements for efficiency. Firstly, rules must be immune from strategic manipulation. Secondly, rules must entail closure with respect to the parties involved in the interaction giving rise to the negative externality, i.e., the liability must not be decoupled.

This book offers an in-depth analysis of the function of certification in general and of certification systems in a range of different sectors. The authors examine certification from both a theoretical and a practical standpoint and from the perspectives of different disciplines, including law, economics, management, and the social sciences. They also discuss instruments that help ensure the quality of certification, which can range from public law measures such as accreditation, to private law incentives, to deterrents, such as liability towards victims. Further, they assess the role of competition between certification bodies. Readers will learn the commonalities as well as the necessary distinctions between certification bodies in various fields, which may stem from the different functions they serve. These similarities and differences may also be the result of different types of damage that the certified producer or service provider could potentially cause to individuals or to the public at large. Often, companies use certification bodies as an argument to assure the general public, e.g. regarding the safety of medical products. Closer inspection reveals, however, that sometimes certification bodies themselves lack credibility. The book offers essential information on the benefits and pitfalls associated with certification.

My curiosity with the economic efficiency and social benefits of provisions used by telecommunications carriers to limit their liability to customers for damages arising from service interruptions and network outages is a longstanding one. It began with the changing state regulatory environments in the late 1980's while representing AT&T as an attorney before numerous state legislatures in the Midwest. As telecommunications carriers faced the ramifications of deregulation, several legal consequences came to the fore. One important consequence was the impact of changing regulatory rules and requirements on the carriers' abilities to continue to limit their liability for damages to customers in a non-tariffed world. As a result, one of my responsibilities while employed by AT&T was to syek legislative relief in some state jurisdictions which would enable the continued use of limited liability provisions notwithstanding other deregulatory developments in the industry. In my capacity as an attorney, I succeeded in this task in the few jurisdictions for which I was given the charge. However, as an economist, these efforts piqued my interest regarding the economic effects of such limited liability provisions on consumer interests. What liability rules for the industry would really better serve general societal interests? As my career evolved, which involved returning to graduate school to pursue my Ph. D. and becoming the Director of Public Policy Studies at Ameritech, I had the opportunity to pursue interdisciplinary research in telecommunications policy issues.

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Find Corporate Bodies and Guilty Minds by William S. Laufer in Paperback and other formats in Law > Corporate.

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