Welcome to the new version of CaltechAUTHORS. Login is currently restricted to library staff. If you notice any issues, please email coda@library.caltech.edu
Published 1983 | public
Journal Article

On the meaning of the preponderance test in judicial regulation of chemical hazard

Page, Talbot

Abstract

Posner suggests in his Economic Analysis of Law that the criterion of economic efficiency provides a basis for burden of proof rules, and, in particular, a basis for the preponderance test. This paper also examines the preponderance test in light of the criterion of economic efficiency, but with somewhat different results.

Additional Information

© 1983 by Law and Contemporary Problems. Research for this article was supported by the National Science Foundation and the Mellon Foundation. The article also owes much to Jim Krier who generously contributed much of the first two sections. Formerly SSWP 515.

Additional details

Created:
August 19, 2023
Modified:
October 20, 2023