Victim or injurer, small car or SUV: Tort liability rules under role-type uncertainty

In this paper we modify the standard tort model by introducing role-type uncertainty. That is, we assume that neither party knows in advance whether she will be the victim or the injurer when an accident occurs. When the standards of care of the two parties are set at the socially optimal levels, only pure comparative negligence and the equal division rule guarantee efficiency, while the rules of simple negligence, contributory negligence, and comparative negligence with fixed division (other than a 50:50 split) may produce inefficient equilibria. Since pure comparative negligence splits liability between negligent parties according to each party's degree of fault, it makes the accident loss division independent of one's role-type. This produces its efficiency advantage.We extend the model to the choice of vehicle size, as a factor determining who will be the injurer and who the victim in motor vehicle collisions. In the extension we analyze various standard negligence-based liability rules, and tax rules, as instruments to mitigate inefficiency resulting from the vehicle size “arms race.” We also examine two strict liability rules, one of which incorporates a comparative negligence feature; this rule prevents inefficiency from both role-type uncertainty and from the “arms race.”     

The Impact of Māori Cultural Values on Forensic Science Practice in New Zealand

Abstract:  Forensic science aims to serve society by advancing justice. It is accepted that some actions taken by the state in the interests of advancing justice, such as postmortem examinations, may impinge on values held by members of groups within society. Such actions have the potential to cause cultural offense. It is important that forensic scientists are aware of these issues and that as a profession we should take actions, where possible, to reduce any potential offense and consequently reduce unnecessary distress. This paper examines the impact of these issues on forensic practice in New Zealand, and, in particular, in relation to the cultural values of Māori, the indigenous people of New Zealand. Interviews and workshops were used to identify forensic practices involving a risk of cultural offense. Particular issues were identified in regard to crime scene attendance and examination, postmortem attendance and sample storage, disposal, and return. This paper describes the response developed by the Institute of Environmental Science and Research Limited (ESR) to address these issues, including a cultural awareness training package and reference brochure.