Tort Reform

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Medical Malpractice Litigation

Author : Bernard S. Black
Publisher : Cato Institute
ISBN 13 : 194864780X
Total Pages : 337 pages
Book Rating : 4.9/5 (486 download)

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Book Synopsis Medical Malpractice Litigation by : Bernard S. Black

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.

Tort Reform by Contract

Author : Paul H. Rubin
Publisher : American Enterprise Institute
ISBN 13 : 9780844738284
Total Pages : 108 pages
Book Rating : 4.7/5 (382 download)

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Book Synopsis Tort Reform by Contract by : Paul H. Rubin

Download or read book Tort Reform by Contract written by Paul H. Rubin and published by American Enterprise Institute. This book was released on 1993 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author argues that there is a current crisis in tort law and advocates that a return to a more widespread use of contracts in three areas - product liability, medical malpractice, and some aspects of automobile accidents. Such contracts, he suggests, should be allowed by the courts.

Materials on Tort Reform

Author : Andrew Popper
Publisher : James Currey
ISBN 13 : 9781683287544
Total Pages : 0 pages
Book Rating : 4.2/5 (875 download)

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Book Synopsis Materials on Tort Reform by : Andrew Popper

Download or read book Materials on Tort Reform written by Andrew Popper and published by James Currey. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.

The Measure of Injury

Author : Martha Chamallas
Publisher : NYU Press
ISBN 13 : 0814716768
Total Pages : 240 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis The Measure of Injury by : Martha Chamallas

Download or read book The Measure of Injury written by Martha Chamallas and published by NYU Press. This book was released on 2010-05-31 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""This book asks important questions about the tort system. Tort law is largely taught and described from a doctrinal perspective that makes no attempt to see how it is actualy working on the ground. This book assesses how the tort system fares in operation by examining how race and gender influence court decisions in torts cases. A promising direction for scholarship on the tort system.""--BOOK JACKET.

Distorting the Law

Author : William Haltom
Publisher : University of Chicago Press
ISBN 13 : 0226314693
Total Pages : 361 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis Distorting the Law by : William Haltom

Download or read book Distorting the Law written by William Haltom and published by University of Chicago Press. This book was released on 2009-11-15 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.

Tort Law in France

Author : Jonas Knetsch
Publisher : Kluwer Law International B.V.
ISBN 13 : 940353575X
Total Pages : 310 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Tort Law in France by : Jonas Knetsch

Download or read book Tort Law in France written by Jonas Knetsch and published by Kluwer Law International B.V.. This book was released on 2021-08-20 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in France. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. The work gives an extensive picture of the current state of law and a first indication on the future French tort law, based on the last Government proposal for a comprehensive reform of the civil liability rules. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in France. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Recognizing Wrongs

Author : John C. P. Goldberg
Publisher : Harvard University Press
ISBN 13 : 0674246527
Total Pages : 393 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Recognizing Wrongs by : John C. P. Goldberg

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.

Law, Ethics, and Integrity in the Sports Industry

Author : Konstantinos Margaritis
Publisher : IGI Global, Business Science Reference
ISBN 13 : 9781522553878
Total Pages : 0 pages
Book Rating : 4.5/5 (538 download)

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Book Synopsis Law, Ethics, and Integrity in the Sports Industry by : Konstantinos Margaritis

Download or read book Law, Ethics, and Integrity in the Sports Industry written by Konstantinos Margaritis and published by IGI Global, Business Science Reference. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book addresses matters related to sports from a variety of perspectives. It demonstrates possible institutional gaps and propose changes that could enhance integrity in sports. It also explores the legitimacy and integrity of the institutions of sports by focusing on social, economic and political influence of sports"--

In Defense of Tort Law

Author : Thomas Koenig
Publisher : NYU Press
ISBN 13 : 0814747582
Total Pages : 363 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis In Defense of Tort Law by : Thomas Koenig

Download or read book In Defense of Tort Law written by Thomas Koenig and published by NYU Press. This book was released on 2003-10 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort law is a good thing (whatever it is....).

Research Handbook on the Economics of Torts

Author : Jennifer Arlen
Publisher : Edward Elgar Publishing
ISBN 13 : 1781006172
Total Pages : 668 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Research Handbook on the Economics of Torts by : Jennifer Arlen

Download or read book Research Handbook on the Economics of Torts written by Jennifer Arlen and published by Edward Elgar Publishing. This book was released on 2013-11-29 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral anal

Mass Tort Deals

Author : Elizabeth Chamblee Burch
Publisher : Cambridge University Press
ISBN 13 : 1108416977
Total Pages : 293 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Mass Tort Deals by : Elizabeth Chamblee Burch

Download or read book Mass Tort Deals written by Elizabeth Chamblee Burch and published by Cambridge University Press. This book was released on 2019-05-16 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting twenty-two years of multidistrict litigation data, this book exposes a systematic lack of checks and balances in our courts.

Advanced Torts

Author : George C. Christie
Publisher : West Academic Publishing
ISBN 13 : 9780314281821
Total Pages : 0 pages
Book Rating : 4.2/5 (818 download)

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Book Synopsis Advanced Torts by : George C. Christie

Download or read book Advanced Torts written by George C. Christie and published by West Academic Publishing. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Advanced Torts Book is designed for a two or three hour tort course for students who have had a basic tort class and wish to pursue in-depth some of the important topics of tort law that are either not covered or not covered in much depth in their basic tort course. Unlike some advance torts texts that devote much of their attention to economic and business torts, products liability or toxic torts, this book offers materials on a number of areas: trespass and nuisance, economic torts, products liability, insurance, tort reform and non-tort compensation systems, intentional infliction of emotional distress, defamation, privacy, misuse of legal process and constitutional torts.

Liability

Author : Peter W. Huber
Publisher : Basic Books
ISBN 13 : 9780465039197
Total Pages : 0 pages
Book Rating : 4.0/5 (391 download)

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Book Synopsis Liability by : Peter W. Huber

Download or read book Liability written by Peter W. Huber and published by Basic Books. This book was released on 1990-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This controversial book describes the transformation of modern tort law since the 1960s, and shows how the dramatic increase in liability lawsuits has had an adverse effect on the safety, health, the cost of insurance, and individual rights.

Mass Torts in a World of Settlement

Author : Richard A. Nagareda
Publisher : University of Chicago Press
ISBN 13 : 0226567621
Total Pages : 348 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Mass Torts in a World of Settlement by : Richard A. Nagareda

Download or read book Mass Torts in a World of Settlement written by Richard A. Nagareda and published by University of Chicago Press. This book was released on 2008-09-15 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The traditional definition of torts involves bizarre, idiosyncratic events where a single plaintiff with a physical impairment sues the specific defendant he believes to have wrongfully caused that malady. Yet public attention has focused increasingly on mass personal-injury lawsuits over asbestos, cigarettes, guns, the diet drug fen-phen, breast implants, and, most recently, Vioxx. Richard A. Nagareda’s Mass Torts in a World of Settlement is the first attempt to analyze the lawyer’s role in this world of high-stakes, multibillion-dollar litigation. These mass settlements, Nagareda argues, have transformed the legal system so acutely that rival teams of lawyers operate as sophisticated governing powers rather than litigators. His controversial solution is the replacement of the existing tort system with a private administrative framework to address both current and future claims. This book is a must-read for concerned citizens, policymakers, lawyers, investors, and executives grappling with the changing face of mass torts.

The Psychology of Tort Law

Author : Jennifer K. Robbennolt
Publisher : NYU Press
ISBN 13 : 1479814180
Total Pages : 327 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis The Psychology of Tort Law by : Jennifer K. Robbennolt

Download or read book The Psychology of Tort Law written by Jennifer K. Robbennolt and published by NYU Press. This book was released on 2016 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, the authors examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law."--Page 4 of cover.

Principles of Tort Law

Author : Rachael Mulheron
Publisher : Cambridge University Press
ISBN 13 : 1108727646
Total Pages : 1111 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis Principles of Tort Law by : Rachael Mulheron

Download or read book Principles of Tort Law written by Rachael Mulheron and published by Cambridge University Press. This book was released on 2020-10-22 with total page 1111 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book does what it 'says on the tin' - stating the corpus of tort law as a body of principles. Undertaken for the first time in English tort law, this book describes the law of tort concisely, accessibly, and accurately, and with both depth and detail.

Torts, Egalitarianism and Distributive Justice

Author : Tsachi Keren-Paz
Publisher : Routledge
ISBN 13 : 1351144502
Total Pages : 282 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Torts, Egalitarianism and Distributive Justice by : Tsachi Keren-Paz

Download or read book Torts, Egalitarianism and Distributive Justice written by Tsachi Keren-Paz and published by Routledge. This book was released on 2018-12-20 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues, from a normative perspective, for the incorporation of an egalitarian sensitivity into tort law, and more generally, into private law. It shows how an egalitarian sensitivity can reformulate tort doctrine, with an emphasis on the tort of negligence. Rather than a comprehensive descriptive account of existing tort law, this book pro-actively searches for new approaches and conceptual tools to meet the challenges faced by egalitarians. The understanding of tort law offered in this book will bring about better practical results in specific cases. It supports the progressive troops in the ongoing philosophical and social battles that take place in the field of tort law and also adds another voice - rich, nuanced and sensitive - to the chorus that is tort theory.