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Understanding Enterprise Liability: Rethinking Tort Reform for the 21st Century Book

Understanding Enterprise Liability: Rethinking Tort Reform for the 21st Century
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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
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  • Understanding Enterprise Liability: Rethinking Tort Reform for the 21st Century
  • Written by author Virginia E. Nolan, Edmund Ursin
  • Published by Temple University Press,U.S., 1994/12/29
  • 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
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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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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

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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

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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

Understanding Enterprise Liability: Rethinking Tort Reform for the 21st Century

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