Tort Reform Analysis Package
Title | Tort Reform Analysis Package PDF eBook |
Author | |
Publisher | |
Pages | 2 |
Release | 1986 |
Genre | Insurance law |
ISBN |
Tort Reform Analysis
Title | Tort Reform Analysis PDF eBook |
Author | Alice R. Zimmerman |
Publisher | Univ Texas at Austin Lyndon B |
Pages | 95 |
Release | 1998-01-01 |
Genre | Business & Economics |
ISBN | 9780899409078 |
Tort Reform Analysis 2
Title | Tort Reform Analysis 2 PDF eBook |
Author | Cecelia Mason Coleman |
Publisher | Univ Texas at Austin Lyndon B |
Pages | 232 |
Release | 2000 |
Genre | Law |
ISBN | 9780899409108 |
Tort Reform, Plaintiffs' Lawyers, and Access to Justice
Title | Tort Reform, Plaintiffs' Lawyers, and Access to Justice PDF eBook |
Author | Stephen Daniels |
Publisher | University Press of Kansas |
Pages | 288 |
Release | 2015-06-05 |
Genre | Law |
ISBN | 0700620737 |
Tort reform is a favorite cause for many business leaders and right-leaning politicians, who contend that out-of-control lawsuits throttle growth and inflate costs, particularly in healthcare. Less is said about how such reforms might affect the ability of individuals to recover damages for injuries suffered through another party's negligence. On that count, Texas--where efforts at tort reform have been energetic and successful--provides an opportunity to appraise the outcome for plaintiffs and their lawyers, an opportunity that Stephen Daniels and Joanne Martin take full advantage of in this timely and provocative work. Because much of the action on tort reform takes place on the state level, a look at the experience of Texas, a large and important state with a very active plaintiff's bar, is especially instructive. Plaintiffs' lawyers work on a contingency fee basis, collecting compensation for themselves as a percentage only if they win. Reduce lawyers' ability to use contingency fees as compensation, as tort reform inevitably does, and you reduce their economic incentive to do this work. Daniels and Martin’s study bears this out. Drawing on over 20 years of research, extensive surveys and interviews, the authors explore the impact the tort reform movement in Texas has had on the ability of plaintiffs to obtain judgments--in short on private citizens' meaningful access to the full power of the law. In the course of their analysis, the authors explain the history and economics behind the workings of the plaintiffs’ bar. They explore how lawyers select cases and clients, as well as the referral process that moves cases among lawyers and allows for specialization. They also examine the effects of medical malpractice reforms on plaintiffs' lawyers--reforms that often close the courthouse doors to certain types of people--tort reform's "hidden victims." Plaintiffs' lawyers are the civil justice system's gatekeepers, providing meaningful access to the rights the law provides. Daniels and Martin’s thorough and fair-minded work offers a unique and sobering perspective on how tort reform can curtail this access--and thus, the legal rights of American citizens.
Tort Reform by Contract
Title | Tort Reform by Contract PDF eBook |
Author | Paul H. Rubin |
Publisher | American Enterprise Institute |
Pages | 108 |
Release | 1993 |
Genre | Contracts |
ISBN | 9780844738284 |
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.
Tort Reform
Title | Tort Reform PDF eBook |
Author | Paul Ruschmann |
Publisher | Infobase Publishing |
Pages | 129 |
Release | 2005 |
Genre | Law |
ISBN | 1438106262 |
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?
Research Handbook on the Economics of Torts
Title | Research Handbook on the Economics of Torts PDF eBook |
Author | Jennifer Arlen |
Publisher | Edward Elgar Publishing |
Pages | 668 |
Release | 2013-11-29 |
Genre | Law |
ISBN | 1781006172 |
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