Ongoing tort reform efforts attest to the significant burden that medical liability imposes on the health care system. General attempts to curb excesses can narrow socioeconomic disparities, but as Clark Havighurst and Barak Richman observe, such measures may leave intact some of the regressive characteristics of the framework they supplant. Therefore, it seems appropriate to question whether t...

one of the evolutions in tort law is the colectivisation of civil liability. in the past, civil liability was collective and the effects of the person guilty haven imposed on the all members of family. then with developing of civilizations and with appearance of principle of personal liability, the collective liability has been changed to personal liability. but nowadays according to the opinio...

the article examines the relationship between tort damages for personal injury and social security benefits in iranian law with a comparative view on english and french law. amongst four potential policies (cumulation, reduction, election and recoupment), the statutory provisions of iranian law have chosen the latter one. but in practice these texts have paradoxically lead to a fifth excessive ...

Personal injury law is staggeringly inefficient as a system of victim compensation. There is little reason to assume that it importantly curtails unreasonably dangerous conduct, yet there is good reason to conclude that it promotes socially undesirable behavior. Moreover, the tort law system ill serves the goal of individual justice, in part because it assumes that lay juries can correctly deci...

The U.S. health care system relies on tort litigation as a means of protecting patients and consumers from medical malpractice. The system of tort litigation has contributed to the U.S. having the highest health care spending per capita of any nation, but it has not resulted in superior quality of care. This work argues that tort litigation in health care is actually detrimental to patient safe...

Mass tort scholars, practitioners, and judges struggle with determining the most efficient approach to adjudicate sometimes tens of thousands of cases. Favoring class actions, mass tort scholars and judges have assumed that litigating any issue once is best. But while litigating any one issue could conceivably save attorneys’ fees and court resources, a single adjudication of thousands of mass ...

BACKGROUND Tort law has legitimate social purposes of deterrence, punishment and compensation, but medical tort law does none of these well. Tort law could be counterproductive in medicine, encouraging costly defensive practices that harm some patients, restricting access to care in some settings and discouraging innovation. DISCUSSION Patients might be better served by purchasing combined he...

The gradual movement away from traditional common law doctrines of sovereign and official immunity over the past 40 years has generally been hailed as a victory for individual rights. author argues that these gains must be weighed against such dangers inappropriate judicial intrusion in administrative matters decline capacity to govern.

1. The idea that crimes are public wrongs is a well-established one within the field of law. Its role in English Law was explicitly affirmed by Blackstone in his Commentaries on the Laws of England. Recently, the idea of ‘public wrongs’ has also gained prominence among those working on the normative issues in criminalization, most notably in the works by Duff and Marshall. I have no intention t...

Theory suggests that tort reform could have either of two impacts on accidents. First, reforms could increase accidents as tortfeasors internalize less of the costs of externalities, and thus, have less incentive to reduce the risk of accidents. Second, tort reforms could decrease accidents as lower expected liability costs result in lower prices, enabling consumers to buy more risk-reducing pr...