Some Observations on the Need for Tort Reform

Some Observations on the Need for Tort Reform PDF Author: Gustave H. Shubert
Publisher:
ISBN:
Category : Liability (Law)
Languages : en
Pages : 20

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Book Description
This paper was originally presented to the National Conference of State Legislatures in Denver, Colorado, in January 1986, and in an earlier version to the Public Policy Institute in Albany, New York, in November 1985. It draws on studies of civil court congestion and delay, alternative dispute resolution, the public costs of civil litigation, asbestos-related litigation, punitive damages, and medical malpractice. The author explores the relevance of policy research to tort reform, and concludes that the underlying problem with the civil justice system is the inability to decide whether we in the United States want to have a pure compensatory system, in which everyone is compensated for every injury no matter what its cause, or a fault-based liability system, in which compensation is limited in a strict way, in a comparative way, or in a contributory way to those who have caused the injury.

Some Observations on the Need for Tort Reform

Some Observations on the Need for Tort Reform PDF Author: Gustave H. Shubert
Publisher:
ISBN:
Category : Liability (Law)
Languages : en
Pages : 20

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Book Description
This paper was originally presented to the National Conference of State Legislatures in Denver, Colorado, in January 1986, and in an earlier version to the Public Policy Institute in Albany, New York, in November 1985. It draws on studies of civil court congestion and delay, alternative dispute resolution, the public costs of civil litigation, asbestos-related litigation, punitive damages, and medical malpractice. The author explores the relevance of policy research to tort reform, and concludes that the underlying problem with the civil justice system is the inability to decide whether we in the United States want to have a pure compensatory system, in which everyone is compensated for every injury no matter what its cause, or a fault-based liability system, in which compensation is limited in a strict way, in a comparative way, or in a contributory way to those who have caused the injury.

Medical Malpractice Litigation

Medical Malpractice Litigation PDF Author: Bernard S. Black
Publisher: Cato Institute
ISBN: 194864780X
Category : Law
Languages : en
Pages : 337

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Book Description
"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

Tort Reform by Contract PDF Author: Paul H. Rubin
Publisher: American Enterprise Institute
ISBN: 9780844738284
Category : Contracts
Languages : en
Pages : 108

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Book Description
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.

Court Reform and Access to Justice Act

Court Reform and Access to Justice Act PDF Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 788

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Book Description


The Need for Tort Reform

The Need for Tort Reform PDF Author: John D. Stephenson
Publisher:
ISBN:
Category : Torts
Languages : en
Pages : 42

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Book Description


Ready, Set, Practice

Ready, Set, Practice PDF Author: Bruce G. Sharky
Publisher: John Wiley & Sons
ISBN: 9780471555124
Category : Architecture
Languages : en
Pages : 284

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Book Description
Ready, Set, Practice A SUPERB STUDENT TEXT. . . AN INDISPENSABLE TOOL OF THE TRADE FOR YOUNG PROFESSIONALS The only single-source reference covering all essential areas of professional practice, Ready, Set, Practice is a comprehensive textbook for professional practice courses required by accredited landscape architecture degree programs. At the same time, it is also a superb guide to professional literacy and a career planner for young professionals. Based on the author’s considerable professional and academic experience, as well as his extensive survey of more than sixty landscape architecture degree programs in the U.S. and Canada, it covers all topics deemed indispensable to a course dedicated to preparing students for the real world, including: Preparing for the LARE Legal and contractual issues Marketing your professional services Technical specifications Project management Starting and managing your own firm Getting the competitive edge And much more

The Cost of the Tort System

The Cost of the Tort System PDF Author: United States. Congress. Joint Economic Committee. Subcommittee on Trade, Productivity, and Economic Growth
Publisher:
ISBN:
Category : Compensation (Law)
Languages : en
Pages : 422

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The Critical Need for Tort Reform

The Critical Need for Tort Reform PDF Author: Alfred W. Cortese
Publisher:
ISBN:
Category : Liability (Law)
Languages : en
Pages : 62

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Product Liability Reform Act

Product Liability Reform Act PDF Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Liability (Law)
Languages : en
Pages : 702

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Book Description


An Update on the Liability Crisis

An Update on the Liability Crisis PDF Author: United States. Tort Policy Working Group
Publisher:
ISBN:
Category : Liability insurance
Languages : en
Pages : 298

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Book Description