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Regulating Regulators: The Legal Environment of the State
Journal article   Open access   Peer reviewed

Regulating Regulators: The Legal Environment of the State

The University of Toronto law journal, v 40(2), pp 213-270
01 Apr 1990
url
https://digitalcommons.pace.edu/lawfaculty/423View

Abstract

Accidents Cost Containment Government Policy Legal Procedure Liability
An evaluation of the ability of tort law to reduce primary costs or losses associated with the number & seriousness of accidents generated by activities of the state. Considered are the appropriate object of liability rules, government liability & the efficiency of state action, whether & when loss-shifting is cost justified, the likely response of the state to liability rules, & several possible liability rules that might be implemented in a subset of government activities. It is concluded that tort law as presently conceived is an inappropriate instrument & that a more constructive effort would be to design effective political markets to influence state action. 3 Tables. V. Wagener

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