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In the past three decades, a mounting wave of litigation has swept the United States, prompting Newsweek to describe America as “lawsuit hell.” Fear of litigation has reduced innovation, menaced the health-care industry, driven manufacturers out of lawsuit-prone specialties,...
In
Making Tort Law, Charles Fried and David Rosenberg, professors at Harvard Law School, address the intellectual roots of the "tort explosion" and identify the functions that tort law can and cannot serve. Their rigorous and powerful analysis contends that the justification of tort liability as...
New book identifies the functions that tort law can and cannot serve and argues that tort law should exclusively provide incentives to reduce the risks of accidents and injuries.
Two Harvard law professors make the case for improving tort law to better protect individuals and discipline businesses.
State tort law, not legislation, now produces the most serious impositions on interstate commerce and on sister states.
The legal professoriate and commentariat are completely unhinged over the impending demise of the individual mandate. ... Let's go to the transcript and try to explain this one more time, in terms that even the Harvard crowd may be able to comprehend.
The Gulf Coast oil spill offers an opportunity to reflect on the basic principles of tort law, which makes clear that in this case full economic damages are appropriate but punitive damages should not be pursued.
In Sosa v. Alvarez-Machain, the Supreme Court of the United States addressed the scope of the Alien Tort Statute.
