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.

Hurricanes and Possible Intensity Increases: Effects on and Reactions from U.S. Agriculture

Abstract: Hurricanes have caused substantial damage in parts of the U.S. Damages are increasing, perhaps as part of a natural cycle or perhaps in part related to global warming. This paper examines the economic damages that hurricanes cause to U.S. agriculture, estimates the increased damage from an increase in hurricane frequency/intensity, and examines the way that sectoral reactions reduce damages. The simulation results show that hurricanes and associated adjustments cause widespread damage and redistribute agricultural welfare. We find that crop mix shifts of vulnerable crops from stricken to nonstricken regions significantly mitigate hurricane damages.

A Deep Dive into the Review of National Environmental Standards and Regulations Enforcement Agency (NESREA) Act

Abstract: Nigerians are poorly aware of their environment and the damages being done to it through their numerous activities either knowingly or unknowingly. Moreover, the constitution is the basic law of the land and it proclaims its supremacy over and above all other laws in the country and any law that is inconsistent with any of its provisions shall be null and void to the extent of its inconsistency. Although the National Environmental Standards and Regulations Enforcement Agency (NESREA) has good 33 National Environmental Regulations that cut across almost all sectors of human activities that can have negative effect on the environment, but their role is not felt in term of environmental management, conservation, protection and sustainability in the country due to inadequate awareness and enforcement. A literature review was done by using a variety of search engines including Research Gate, Google Scholar, Academia, Mendeley, SSRN search strategy to retrieve research publications, “grey literature” and expert working group reports. This review paper tried to do a deep dive into the review of National Environmental Standards and Regulations Enforcement Agency (NESREA) act, focusing on national environmental laws and regulations, gazette, composition, structure, mandate and enforcement power of NESREA and intermediary determinants of empowering the citizens to have legal standing and access to justice to be able to protect and enforce the protection of a clean, healthy environment cum sustainable development and others. Therefore, mending the leakages in the roof is the work of an honest, patriotic, disciplined, hardworking, visionary, accountable, sincere and need for achievement driven followership and leadership that is abreast with current environmental knowledge with a solution focused systems therapy approach to environmental problems with a view to heal the world. This paper therefore recommends that the NESREA Act of 2007 be amended to give it oversight over the entire environment including the oil and gas sector. Furthermore, the requirement of Pre-action Notice and Limitation Clause is removed from the NESREA Act. Also, effective implementation of both the NESREA Act and its regulations requires necessary capacity building of the agency in terms of human, technical, material and financial capacity. It further requires effective cooperation and collaboration of various stakeholders in the implementation and protection of environmental laws in Nigeria.

Civil juries and civil justice : psychological and legal perspectives

Abstract: Crisis, What Crisis? Perception and Reality in Civil Justice- Crisis, What Crisis? Perception and Reality in Civil Justice- Approaches To Studying Civil Juries- What's the Story?- Civil Juries in Ecological Context: Methodological Implications for Research- What is the Study of Jury Decision Making About and What Should it be About?- The Relationship between Compensatory and Punitive Damages- Crossing the Punitive-Compensatory Divide- The Relation between Punitive and Compensatory Awards: Combining Extreme Data with the Mass of Awards- Damages as Metaphor: A Commentary- Medical Injuries And Medical Evidence- Faking It? Citizen Perceptions of Whiplash Injuries- Reflections on Juryphobia and Medical Malpractice Reform- How Juryphobia and Fears of Fraudulent Claims Disserve Medical Malpractice Reform Efforts- Apologies And Restorative Justice- Apologies and Civil Justice- Can We Talk?- Constructs of Justice: Beyond Civil Litigation- Signs for the Future of Civil Justice Research

Is the Tort System in Crisis? New Empirical Evidence

Abstract: While journalists and politicians decry increasing tort liability, scholars have long questioned the existence of a tort crisis. This article uses a particularly comprehensive database and multivariate analysis to examine product liability and medical malpractice jury verdicts in a representative urban county over a recent 12-year period. Including variables such as injury severity, gender, type of alleged fault, trial length, number of lawyers, and number of expert witnesses, the study offers a comprehensive review of these verdicts. Among other findings, the study shows that (1) plaintiff win rates were low; (2) compensatory damages were modest; (3) punitive damages were nonexistent; (4) both win rates and verdict size declined between 1985 and 1996; (5) gender of parties, lawyers, and trial judge correlated significantly with some outcomes; and (6) obtaining a full census of verdicts was essential to the study's success because commercial verdict reporters were both underinclusive and biased toward pro-plaintiff verdicts.