Louis Kaplow
Article
Burden of Proof
121 Yale L.J. 738 (2012). The burden of proof is a central feature of all systems of adjudication, yet one that has been subject to little normative analysis. This Article examines how strong evidence should have to be in order to assign liability when the objective is to maximize social welfare. In basic settings, there is a tradeoff between deterrence...
Jan 5, 2012
Response
Reply: Notions of Fairness Versus the Pareto Principle: On the Role of Logical Consistency
110 Yale L.J. 237 (2000) In other writing, we advance the thesis that legal policies should be evaluated solely on the basis of their effects on individuals' well-being, meaning that no independent evaluative weight should be accorded to notions of fairness. In that work, we consider a variety of principles of fairness, justice, and corollary concepts that are conventionally employed...
Nov 1, 2000