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Acknowledgments | ||
Pt. I | Enterprise Liability: An Introduction | |
1 | Contemporary Tort Reform and Enterprise Liability | 3 |
2 | Traditional Tort Theory and Enterprise Liability: An Overview | 13 |
Pt. II | The Compensation Plan Strategy | |
3 | Workers' Compensation Plans and Enterprise Liability | 21 |
4 | Leon Green: Explication and Application | 30 |
5 | The Columbia Plan and Dashed Hopes | 38 |
6 | Renewed Focus on Compensation Plans in the 1950s | 44 |
7 | The Keeton-O'Connell Plan, Legislative Successes, and Proposed Extensions of No-Fault | 54 |
8 | Dashed Hopes (Again) and the Need for Alternatives | 61 |
Pt. III | The Common Law Strategy | |
9 | Leon Green and the "Tort" Version | 71 |
10 | Karl Llewellyn and the "Sales Law" Version: Strict Products Liability Proposed | 76 |
11 | Perspectives on Courts and Legislatures: The 1930s | 82 |
12 | Increased Focus on the Common Law: The 1940s | 88 |
13 | The Possibility of a Judicially Created Strict Enterprise Liability | 94 |
14 | Strict Products Liability: Recognition and Adoption | 100 |
15 | The Damages Agenda of the 1950s | 106 |
16 | Common Law Successes and Proposed Extensions | 116 |
Pt. IV | Enterprise Liability in Tort Theory: 1960-1993 | |
17 | The Success and Fragmentation of the Theory of Enterprise Liability | 125 |
18 | The Emergence of (Calabresi's) Economic Analysis as an "Ally" of Enterprise Liability | 133 |
19 | The Antagonism Between Calabresi's Economic Analysis and Enterprise Liability | 138 |
20 | The Ascendancy of Economic Analysis and Its Opposition to the Enterprise Liability Agenda | 142 |
21 | Contemporary Tort Theory and the Reinvention of Enterprise Liability | 147 |
Pt. V | The Contemporary Agenda of Enterprise Liability | |
22 | The Legislative Agenda | 155 |
23 | The Need for Alternatives to Legislation | 162 |
24 | A Common Law Proposal | 168 |
Notes | 179 | |
Index | 243 |
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Add Understanding Enterprise Liability: Rethinking Tort Reform for the 21st Century, In recent years critics have assailed the cost, inefficiency, and unfairness of American tort law, including products liability and medical malpractice. Yet victims of accidental injury who look to the tort system for deserved compensation often find it a, Understanding Enterprise Liability: Rethinking Tort Reform for the 21st Century to your collection on WonderClub |