Punitive Damages and the Processing of Tort Claims

Punitive damages are one of the most controversial aspects of tort litigation and have been the subject of various theoretical, empirical, and experimental studies. One criticism of punitive damages refers to the effect that they have on civil litigation processes. In particular, Polinsky (1997) argues that the uncertainty and unpredictability that punitive damage claims inject into a case may increase both the rate and amount of settlements, thus implying that punitive damages carry systemic consequences for the general processing of tort claims. This paper represents the first, empirical examination of this implication. With one of the largest and most comprehensive data sets of tort litigation (over 25,000 cases filed from 1994 through 1997 in several counties in Georgia), we examine the effect of the decision to seek punitive damages on several major decision points in the tort litigation process in a series of logit regression models. With extensive control variables for type of case, the presence or absence of caps on damages, and other potentially important variables, we find that seeking punitive damages has no statistically significant effect on most phases of the tort litigation process.Torts, Litigation, Punitive Damages, Settlement Rates

Testing Two Assumptions About Federalism and Tort Reform

In, 1996 both the United States House of Representatives and Senate passed legislation that, if enacted, would preempt state tort laws in significant ways. Why would a Congress otherwise apparently committed to vesting states with greater policymaking autonomy call for federal control of tort law? Tort policymaking has traditionally been done at the state level. One assumption underlying this distribution of power is that states are better able than the national government to fashion tort rules appropriate for local conditions and circumstances. In other words, states are thought to have a special competence in crafting tort rules responsive to local needs. Some advocates for tort reform at the federal level maintain, however, that states are incapable or unlikely to develop tort rules – especially in the realm of product liability – consistent with national economic policy. Federal tort reform is needed, so the argument goes, to counter pressures that exist at the state level to use tort law as a vehicle for redistributing wealth from nonresident defendants to resident plaintiffs. Our paper examines these two, contradictory assumptions about state competence in the realm of tort policymaking. First we explore the proposition that states are incompetent to formulate sensible tort law policy, especially in the area of product liability. Second, we employ social scientific research methodology to question whether states have special competence to formulate tort policy

Buildings energy performance and real estate market value: An application of the spatial auto regressive (SAR) model

The paper explores the role of the buildings energy performance in the definition of the real estate market value, taking in consideration the presence of spatial auto-correlation. At this regard, it is necessary to put in evidence that a great heterogeneity exists on the Italian territory with reference to buildings ener-gy performance; for this reason, being able to identify a class of most performing estimation models, suitable to separate the spatial effects from the influence of the building components - including the energy rating - on the value, seems to be an interesting goal. In particular, this work illustrates an experiment based on the Spatial Auto Regressive (SAR) model implemented on a sample of residential units located in the city of Turin and represents a first step of a more wide research program

Koagulacija krvi i lipidi u serumu (Studija stanovništva)

Two population groups differing in dietary habits and physical activity were examined on blood lipids and blood coagulability. The results showed a higher lipid concentration and shorter clotting time in the physically less active group, having a higher fat and caloric intake.Dvije populacione grupe, koje se razlikuju po svojoj prehrani, a osobito po povećanoj potrošnji masnoća i smanjenom fizičkom aktivitetu, ispitivane su s obzirom na nivo krvnih lipida i na koagulabilitet krvi. Rezultati pokazuju, da prehrana, osobito povećana potrošnja animalnih masnoća, te smanjena psihička aktivnost utječu na povećanje nivoa krvnih lipida i bržeg koagulabiliteta krvi mjerenog kao vrijeme zgrušavanja i protrombinsko vrijeme. Ti rezultati potvrđuju već ranija zapažanja autora o povećanom koagulabilitetu krvi u populacionim grupama, koje se istovremeno razlikuju i u koncentraciji krvnih lipida i u učestalosti koronarnih bolesti

Constraints from detrital zircon geochronology on the early deformation of the Ross orogen, Transantarctic Mountains, Antarctica

New ages of detrital zircons constrain the timing of the onset of deformation in the Ross orogen. In the Skelton Glacier area, Skelton Group was deformed before cross-cutting intrusion at 551 Ma. The youngest, significant, age-probability peaks from three samples of Skelton Group are 649 Ma, 684 Ma, and 691 Ma. The 649 Ma peak may be considered the maximum depositional age of Skelton Group, constraining the period of deformation to between 649 Ma and 551 Ma. In the upper Scott Glacier area, La Gorce Formation was deformed prior to cross-cutting intrusion at 526 Ma. The youngest, significant, age-probability peaks from two samples of La Gorce Formation are 581 Ma and 619 Ma. The 581 Ma peak may be considered the maximum depositional age of La Gorce Formation, constraining the period of deformation to between 581 Ma and 526 Ma

Provenance of Pleistocene sediments in the ANDRILL AND-1B drillcore: Clay and heavy mineral data

The cryosphere in the McMurdo Sound region has undergone significant modifications during the last 1 Ma. Consequently, the sedimentary sequences underlying the modern McMurdo Ice-Shelf provide geological data to reconstruct variations in transport and depositional mechanisms of terrigenous material due to variations in ice sheet extension, grounding line position and main icestream flow directions during glacial and interglacial periods. The present study aims to investigate the clay and heavy mineral assemblages of the late Pleistocene subglacial and glaciomarine sediments recovered during the ANDRILL-McMurdo Ice Shelf Project in Windless Bight (South of Ross Island). The analyses show that the sediments are a mix of detritus from the McMurdo Volcanic Group (MVG) and the Transantarctic Mountains (TAM) from the south and west. MVG-derived minerals prevail with respect to TAM-derived minerals. The down-core mineralogical variations are determined by changes in the source rocks and the sedimentary processes. Sediments at the drill site are nourished by ice coming from the South which delivered rocks from the McMurdo Volcanic region; the enrichment of a TAM component in massive diamictites testifies that the ice sheet collected debris from the Transantarctic Mountains. When open marine conditions prevailed, only sediments from a local source (i.e. McMurdo volcanics) were deposited