Damages

About: Damages is a research topic. Over the lifetime, 9365 publications have been published within this topic receiving 89750 citations. The topic is also known as: compensation award.

Removing the shadow of the law from the debate about genetic testing of children.

Abstract: When physicians view efforts to obtain genetic testing for children as unwise or contrary to the children's interests, they face difficult problems both of ethics and of communicating with the parents. Contrary to the suggestions of some, the law has little to say about how physicians resolve these dilemmas. Parents do not have a constitutionally protected right to demand that unwilling physicians perform these tests. In addition, there is little risk of liability for damages unless the child suffers physical harm as a result of the physician's refusal to do the test. The debate about genetic testing of children needs to take place with a clear understanding of the law's limited impact.

The Effect of Acidification Damages on the Economic Value of the Adirondack Fishery to New York Anglers

Abstract: A travel cost model is used to estimate losses in the net economic value of the Adirondack recreational fishery resulting from damages caused by acidic deposition. Annual losses to New York resident anglers are estimated to be approximately $@@‐@@1 million per year in 1976 dollars. Although there are many reasons why these damages understate the full extent of losses to both current users and others, this research represents one of the initial attempts to quantify one type of cost associated with the acidic deposition problem.

Regulation via the Polluter-Pays Principle

Abstract: We consider the problem of regulating an economy with environmental pollution. We examine the distributional impact of the polluter-pays (PP) principle which requires that any agent compensates all other agents for the damages caused by his or her (pollution) emissions. With constant marginal damages we show that regulation via the PP principle leads to the unique welfare distribution that induces non-negative individual welfare change and renders each agent responsible for his or her pollution impact. We extend both the PP principle and this result to increasing marginal damages due to pollution. We also compare the PP principle with the Vickrey-Clark-Groves scheme

The Remedy Gap: Institutional Design, Retaliation, and Trade Law Enforcement

Abstract: One of the major innovations of the World Trade Organization’s (“WTO”) Dispute Settlement Understanding (“DSU”) is the regulation of sanctions in response to violations of trade law. The DSU requires governments to receive multilateral approval before suspending trade concessions and limits the extent of retaliation to prospective damages. In addition, the DSU permits governments to impose only conditional sanctions: sanctions for violations that continue after the dispute resolution process is complete. This enforcement regime creates a remedy gap: governments cannot respond, even to obvious breaches, until the end of the dispute resolution process (and then only to the extent of prospective damages). This gap might not be particularly important if the dispute resolution process were short. In practice, however, the WTO dispute resolution process has proven increasingly time consuming. This Article explores the growth of delays in the WTO dispute resolution process and the increasing significance of the remedy gap. It highlights how the DSU system essentially provides respondent states with an option to violate trade rules for several years without facing trade retaliation. The remedy gap also has counterproductive effects on settlement negotiations: the system gives respondent states few reasons to settle before the end of dispute resolution unless the states are compensated for doing so. Finally, this system may lead frustrated complaining states to subvert the DSU regime by acting outside of the legal framework. This Article discusses several solutions to the remedy gap, most notably creating a procedure where WTO panels can issue preliminary injunctions.