Download or read book Changes in the Tort System written by Gustave H. Shubert and published by . This book was released on 1986 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Recognizing Wrongs written by John C. P. Goldberg and published by Harvard University Press. This book was released on 2020-02-04 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.
Download or read book Tort Law in America written by G. Edward White and published by Oxford University Press, USA. This book was released on 2003 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: G. Edward White's 'Tort Law in America' is regarded as a standard in the field. Concise, accessible and wide-ranging, White's work represents a major work of legal scholarship, providing an enduring intellectual history of American tort law.
Download or read book Tort Law and the Construction of Change written by Kenneth S. Abraham and published by . This book was released on 2022 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book has evolved out of a series of jointly authored articles on torts that we published in law reviews between 2013 and 2021."--
Download or read book Assessing the Effects of Tort Reforms written by Stephen J. Carroll and published by . This book was released on 1987 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report offers a framework for assessing the effects of tort reforms. It attempts to provide a coherent structure for systematically thinking about how research can contribute to the policy debate over tort reform. It identifies four basic policy issues critical to assessing the effects of tort reforms on the tort system: (1) how soon we can expect to see effects of reforms; (2) whether reforms have affected the outcomes of disputes; (3) who won, who lost, and how much; and (4) whether reforms have affected economic behavior. The author points out that the kinds of data needed to assess the effects of reform are generally not available, and suggests that three types of new data collection systems need to be considered: (1) systematic efforts to obtain data from insurers and self-insured defendants on the aggregate outcomes of liability claims; (2) special surveys of claimants, the bar, and insurers to obtain the detailed individual claim information needed to identify the winners and losers in the reformed system; and (3) systems for collecting information both on the other factors that affect the behavior of participants in the tort system, and on economic outcomes and injuries.
Download or read book The Economics of U S Tort Liability written by and published by Congressional Budget Office. This book was released on 2003 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: A CBO Study. Attempts to clarify the issues and policy options surrounding the tort system. Presents an economic perspective on tort liability. Outlines the strengths and weaknesses of tort liability as a tool for promoting economic efficiency and fairness. Discusses the available data on the benefits and costs of the tort system. Analyzes in qualitative terms the likely effects of various policy options for altering the system. Makes no recommendations.
Download or read book Medical Malpractice Litigation written by Bernard S. Black and published by Cato Institute. This book was released on 2021-04-27 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Drawing on an unusually rich trove of data, the authors have refuted more politically convenient myths in one book than most academics do in a lifetime." —Nicholas Bagley, professor of law, University of Michigan Law School "Synthesizing decades of their own and others’ research on medical liability, the authors unravel what we know and don’t know about our medical malpractice system, why neither patients nor doctors are being rightly served, and what economics can teach us about the path forward." —Anupam B. Jena, Harvard Medical School Over the past 50 years, the United States experienced three major medical malpractice crises, each marked by dramatic increases in the cost of malpractice liability insurance. These crises fostered a vigorous politicized debate about the causes of the premium spikes, and the impact on access to care and defensive medicine. State legislatures responded to the premium spikes by enacting damages caps on non-economic, punitive, or total damages and Congress has periodically debated the merits of a federal cap on damages. However, the intense political debate has been marked by a shortage of evidence, as well as misstatements and overclaiming. The public is confused about answers to some basic questions. What caused the premium spikes? What effect did tort reform actually have? Did tort reform reduce frivolous litigation? Did tort reform actually improve access to health care or reduce defensive medicine? Both sides in the debate have strong opinions about these matters, but their positions are mostly talking points or are based on anecdotes. Medical Malpractice Litigation provides factual answers to these and other questions about the performance of the med mal system. The authors, all experts in the field and from across the political spectrum, provide an accessible, fact-based response to the questions ordinary Americans and policymakers have about the performance of the med mal litigation system.
Download or read book Tort Law in America written by G. Edward White and published by Oxford University Press. This book was released on 2003-03-27 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Widely regarded as a standard in the field, G. Edward White's Tort Law in America is a concise and accessible history of the way legal scholars and judges have conceptualized the subject of torts, the reasons that changes in certain rules and doctrines have occurred, and the people who brought about these changes. Now in an expanded edition, Tort Law in America features a new preface that places the book within the current scholarship and two new chapters covering developments in American tort law over the past fifteen years. White approaches his subject from four perspectives: intellectual history, the sociology of knowledge, the phenomenon of professionalization in the late nineteenth and early twentieth centuries in America, and the recurrent concerns of tort law since its emergence as a discrete field. He puts the intellectual history of this unique branch of law into the general picture of philosophy, sociology, and literature in what is not only a major work of legal scholarship but also a tour de force for anyone interested in American intellectual history.
Download or read book Atiyah s Accidents Compensation and the Law written by Peter Cane and published by . This book was released on 2006 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: A classic treatment of the law relating to compensation for personal injuries, this edition discusses the relevant legal rules as well as the social, political and economic issues underlying the law.
Download or read book The Role of Causation in Science as Law and Proposed Changes in the Current Common Law Toxic Tort System written by Clifford D. Fisher and published by . This book was released on 2003 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Economics of U S Tort Liability A Primer written by and published by . This book was released on 2003 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many controversies and policy issues surround the U.S. tort system, which holds parties liable for injuries to people or property. Critics charge that the system is costly and inefficient, arbitrary and open to abuse, and indirectly harmful through its adverse effects on economic vitality and consumers' choices. In contrast, defenders argue that the tort system serves important social objectives, such as compensating injury victims, improving product safety, and punishing egregious behavior. Several bills now before the Congress propose to change the rules that govern tort claims for medical malpractice and asbestos exposure and claims litigated as class actions. This Congressional Budget Office (CBO) study-prepared at the request of the Senate Budget Committee-attempts to clarify the issues and policy options surrounding the tort system by presenting an economic perspective on tort liability. The study outlines the strengths and weaknesses of tort liability as a tool for promoting economic efficiency and fairness, discusses the available data on the benefits and costs of the tort system, and analyzes in qualitative terms the likely effects of various policy options for altering the system. In keeping with CBO's mandate to provide objective, impartial analysis, this study makes no recommendations.
Download or read book Judge and Jury written by Eric Helland and published by Independent Institute. This book was released on 2015-08-24 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the U.S. tort system in crisis? CBS television's 60 Minutes has said the tort system metes out "jackpot justice," and Newsweek has called America a "Lawsuit Hell." Other observers of the legal system, however, argue that the tort crisis is a myth. Although both sides of the debate rely primarily on anecdote and the selective use of evidence, a sound diagnosis of the tort system requires a rigorous analysis of hard data, not a retelling of sensationalistic sound bites. In Judge and Jury: American Tort Law on Trial, economists Eric Helland and Alexander Tabarrok present their study of tens of thousands of tort cases from across the United States. The result is the most complete picture of the U.S. system of civil justice to date. Examining three of the key players of the tort system (juries, judges, and lawyers), Helland and Tabarrok conclude that the tort system is badly broken in some respects but functions surprisingly well in others.
Download or read book Tort Reform written by Paul Ruschmann and published by Infobase Publishing. This book was released on 2005 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines both sides of the current tort reform debate: should courts reduce the scope of defendants' liability to avoid economic decline, or would that change simply enrich large corporations at the expense of average Americans?
Download or read book Tort Law written by Keith N. Hylton and published by Cambridge University Press. This book was released on 2016-06-06 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.
Download or read book Tort Law written by John C. P. Goldberg and published by . This book was released on 2004 with total page 1144 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ambitious new casebook makes clear to students that recent developments present the tort system with an array of complex issues beyond the nuts and bolts of accident law. Authors John Goldberg, Anthony Sebok, and Benjamin Zipursky combine their expertise in tort law to provide a casebook For The next generation of torts professors. Here's what makes Tort Law: Responsibilities and Redress an exciting and original entrant into the field: Overall Presentation emphasizes themes of responsibilities and rights to sue, which permits the coherent presentation of materials while supporting analysis from various practical and theoretical perspectives Negligence, international torts, and products liability are sequenced to ensure coverage of all major topics while also permitting the instructor to select among contemporary issues, such as iquest;junk science,iquest; tobacco litigation, domestic violence and consumer fraud Clear, no-hiding-the-ball text permits in-depth analysis of substantive tort concepts while also introducing, students to related topics such as worker's compensation, liability insurance and attorney's fees Succinctly edited and up-to-date cases from state and federal courts are integrated with classics such as Carroll Towing and Palsgraf, demonstrating that tort law is a dynamic subject, continually responding to social, political, and economic developments Materials are especially designed to facilitate development of common law reasoning, while providing the basis for education in important statutory and administrative developments, such as the 9/11 Victims' Compensation Fund Practice questions assist students in grasping important issues Original appendices on the history of tort law and tort theory provide context For The materials in the book and permit in-depth discussion of those topics at the instructor's option the clear and carefully plotted structure of the casebook encourages both in-depth analysis of tort doctrine and engagement with pressing contemporary problems. Part I uses the famous Winterbottom-MacPherson line of decisions to introduce students to tort law and precedent-based reasoning Part II presents a detailed analysis of the elements of negligence Part III unites claims for dignitary torts with claims for emotional distress Part IV examines traditional notions of strict liability, then moves smoothly to modern product liability law Part V offers a choice of four iquest;modulesiquest; respectively addressing tobacco liability, The 9/11 Victims' Compensation Fund, tort reform, and domestic violence, permitting broad-ranging policy discussions about the contemporary relevance of tort law Tort Law: Responsibilities and Redress: Cases and Materials will help you arm your students with a sophisticated understanding of the complexity and dynamism of tort law.
Download or read book U S Tort Costs 2000 written by Tillinghast-Towers Perrin and published by . This book was released on 2002 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Tort Law written by Oregon State Bar. Continuing Legal Education and published by . This book was released on 1989 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt:
