Recently in Tort Reform Category

“Hot Coffee,” Jamie Leigh Jones And Why Mandatory Pre-Dispute Arbitration Is Still A Bad Idea For Consumers And Employees

Several weeks ago, I blogged about “Hot Coffee,” a new documentary airing on HBO, that exposes the radical ways in which tort reform advocates are taking Americans’ rights hostage, much to the obliviousness of the typical American. “Hot Coffee” focuses on four legal obstacles that tort reform has placed in the way of ordinary people. [...]

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Review Of “Schools For Misrule”

William F. Buckley once quipped that he’d rather be ruled by the first 100 names in the Boston phone book than the Harvard faculty. Well, if Walter Olson’s to be believed, we’re already being ruled by the Harvard faculty – or at least Harvard’s law school faculty – it’s just that most of us don’t [...]

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Babies Drowning In Puddles, CVS Pharmacists And Duties Of Care

Having studied philosophy as an undergraduate, I remember arriving at law school and quickly being disabused of the idea that my law school experience would be something akin to “The Paper Chase,” with imperious law professors kicking about mind-wracking hypotheticals. I think I learned this sometime in the first week of my first-year torts class, [...]

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The $28 Million Nursing Home Verdict: The Law And The Public Policy

Last week, I blogged about how Pointoflaw, a tort reform website run by the Manhattan Institute think tank, misleadingly (to my mind) described a $28 million jury verdict against a nursing home. My post received the attention of Eric Turkewitz and his New York Personal Injury Law Blog, who included it in a link roundup. [...]

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Also posted in Nursing Home Neglect

Tort Reform And Epistemic Closure

There’s been a lot of talk in the political blogosphere lately about whether conservatism is suffering from “epistemic closure.” Epistemic closure is a term that has become shorthand for the closing of the conservative mind – the idea that conservatives are recycling the same ideas over and over when they should be inventing new policy [...]

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What Do Tort Reformers Believe In? (Hint: It’s Not The Free Market)

We’re all familiar with the arguments that trial lawyers are the bane of this country’s existence. We hear that the cost of lawsuits and regulation challenges businesses’ ability to compete and create jobs. What we need, we are told, are caps on damages – limitations on the amount that patients can recover for pain-and-suffering in [...]

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