‘Big Data and Deterrence’

Zenon Zabinski and Bernard Black, ‘The Deterrent Effect of Tort Law: Evidence from Medical Malpractice Reform’, available at SSRN. In a provocative new piece, Zenon Zabinski and Bernard Black address one of the most stubborn questions within all of tort law: Does tort law deter? The idea of deterrence is so deeply embedded within tort law that it seems absurd that the answer isn’t clear cut. But alas, a full four decades after the law and economics movement propelled tort’s deterrent function onto center stage, the answer to the question has, so far, remained maddeningly inconclusive … (more)

[Nora Engstrom, JOTWELL, 4 March]

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