Legal Liability

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Diane Del Guercio - One of the best experts on this subject based on the ideXlab platform.

  • the distorting effect of the prudent man laws on institutional equity investments
    Journal of Financial Economics, 1996
    Co-Authors: Diane Del Guercio
    Abstract:

    Abstract I examine the effect of prudent-man laws on the behavior of institutional investors. Variation in exposure to Legal Liability across types of investment managers allows me to disentangle the effect of the prudent-man laws from other potential influences on manager behavior. Bank managers significantly tilt the composition of their portfolios toward stocks that are viewed by the courts as prudent, while mutual fund managers choose not. I show that differences in the direction that bank and mutual fund managers choose to tilt may explain their portfolio performance differences over time.

Diane Del Guercio - One of the best experts on this subject based on the ideXlab platform.

  • The Distorting Effect of the Prudent-Man Laws on Institutional Equity Investments
    Journal of Financial Economics, 1996
    Co-Authors: Diane Del Guercio
    Abstract:

    I examine the effect of prudent man laws on the behavior of institutional investors. Variation in exposure to Legal Liability across types of investment managers allows me to disentangle the effect of the prudent man law from other potential influences on manager behavior. Bank managers significantly tilt the composition of their portfolios toward stocks that are viewed by the courts as prudent, while mutual fund managers do not. I provide evidence that this tilting toward prudent stocks by bank managers is robust over the 1968-1989 period, and is unlikely to be due to passive indexing or limits on allowed portfolio positions. Analysis of aggregate institutional ownership patterns reveals that tilting is also observable in aggregate data, and that this is primarily driven by bank manager tilting. I show that differences in bank and mutual fund managers' tendency to tilt toward prudent stocks may explain their portfolio performance differences over time.

Akihito Hagihara - One of the best experts on this subject based on the ideXlab platform.

Javid Gadirov - One of the best experts on this subject based on the ideXlab platform.

  • causal responsibility in international criminal law
    International Criminal Law Review, 2015
    Co-Authors: Javid Gadirov
    Abstract:

    This article clarifies the factual basis for attributing causal responsibility in interpersonal causation scenarios in international criminal law. Such content is obliterated when explaining causal contributions in overdetermined and indeterministic harm scenarios. The resulting gap between individual agency and causal attribution is explained away by reference to values underlying Legal Liability (‘causal minimalism’). Probabilistic causal models can express causal influences in interpersonal causation scenarios, and explicate the objective basis of causal attribution. International Criminal Courts’ approaches to indirect and joint perpetration, as well as the notion of causal contribution in joint criminal enterprise are discussed in light of the existing approaches to testing causation in law, as well as with regard to Judea Pearl’s notion of causal sustenance. The article concludes that expressing causal contributions in language of probabilities can explain causal intuitions underlying Legal Liability better than supplanting factual basis of attributing responsibility with normative and policy justifications.

  • causal responsibility in international criminal law
    2014
    Co-Authors: Javid Gadirov
    Abstract:

    The purpose of this paper is to clarify the factual basis for attributing causal responsibility in interpersonal causation scenarios in international criminal law. The factual content of causal responsibility is sometimes obliterated when explaining causal contributions in overdetermined and indeterministic harm scenarios, and the resulting gap between individual agency and causal attribution is explained away by reference to values underlying Legal Liability (‘causal minimalism’). This paper argues that probabilistic causal models can express causal influences in interpersonal causation scenarios and help in explicating the objective basis of causal attribution. International Criminal Court’s approaches to indirect and joint perpetration, as well as the notion of causal contribution in Joint Criminal Enterprise are discussed in light of the existing approaches to testing causation in law, as well as with regard to Pearl’s notion of causal sustenance. It is concluded that expressing causal contributions in language of probabilities can explain causal intuitions underlying Legal Liability better than supplanting factual basis of attributing responsibility with normative and policy justifications.

Richard Thomson - One of the best experts on this subject based on the ideXlab platform.

  • clinical decision support systems a discussion of quality safety and Legal Liability issues
    American Medical Informatics Association Annual Symposium, 2002
    Co-Authors: John Fox, Richard Thomson
    Abstract:

    Developers of Clinical Decision Support Systems (CDSSs) have to date been more concerned with the efficacy of systems (e.g. measurable improvements in clinical outcomes) than with safety (e.g. potential for harmful side-effects). In future CDSS developers will be required (by the courts etc.) to acknowledge a "duty of care" covering all aspects of design, development and deployment. Experience in the transport, power and other safety-critical industries has led to a range of quality and safety assurance methods whose adoption may be needed before CDSSs can safely become an integral part of routine patient care, and before the trust of healthcare professionals, patients and other stakeholders can be gained. No single method will be sufficient for safe development and deployment; a range of techniques will be needed and used selectively. This paper is a contribution to discussion of quality, safety and Legal Liability issues in the medical informatics community.