Can Tort Reform Save Lives?

A recent paper by professors Paul H. Rubin and Joanna M. Shepherd of Emory University School of Law provides striking and counterintuitive evidence that tort reforms at the state level contribute to a decrease in accidental deaths. Rubin and Shepherd found that reforms such as capping noneconomic damages, requiring a higher standard of evidence for punitive damages, and reforming product liability law have resulted in a decrease in the prices of safety-improving goods and services, which in turn has led to greater safety. These findings have profound implications for our tort system: the primary argument for the status quo is the promise of greater safety, but if the current system does not even provide that, its costs must be seriously reassessed.

Professors Rubin and Shepherd will first present their findings at this AEI event, after which a panel of experts will respond. Panelists include AEI resident fellow Ted Frank, who is also director of the AEI Liability Project; Jonathan Klick, economist and law professor at Florida State University; and Alex Tabarrok, professor of economics at George Mason University.

The AEI Liability Project (
www.liabilityproject.org) seeks to promote a better understanding of the scope and consequences of the liability crisis and to help ensure that political or legal reform efforts are aimed at the appropriate targets.

About the Author

 

Ted
Frank
  • Ted Frank is a former resident fellow at AEI. He specialized in product liability, class actions, and civil procedure while at AEI. Before joining AEI, Mr. Frank was a litigator from 1995 to 2005 and clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals. Mr. Frank has written for law reviews, the Wall Street Journal, the Washington Post, and The American Spectator and has testified before Congress multiple times on legal issues. He writes for the award-winning legal blogs PointOfLaw.com and Overlawyered, and the Wall Street Journal has called him a "leading tort-reform advocate."  Mr. Frank was recently elected to membership in the American Law Institute.

 

Paul H.
Rubin
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