Segal on Deterring Public Misconduct

Boaz Segal has published Utlilizing Tort Law to Deter Misconduct in the Public Sector.  

This article analyzes tort law’s ability to effectively guide the actions of
public officials and agencies and proposes separating tort judgments into
two components: the imposition of accountability and the imposition of
liability. This separation leads, in turn, to the conclusion that it is sufficient
to impose accountability—and to label the public official and agency
negligent—in order to effectively guide their conduct. An important
perspective is thereby added to the discourse on the deterrent power of tort
law. To date, tort law discourse has been largely dominated by the paradigm
of the economic analysis of law, thereby focusing on the financial sanction
component and ignoring to some extent the imposition of accountability.