Why Lawsuits Are Good for America: Disciplined Democracy, Big Business, and the Common Law

By Carl T. Bogus | Go to book overview

Notes

NOTE TO THE INTRODUCTION

1. Louis D. Brandeis, Other People's Money and How the Bankers Use It 62 (A. Stokes Co., 1914).


NOTES TO CHAPTER 1

1. Sidney Blumenthal, St. Jack: The Good Republican, New Republic, Oct. 17, 1991, at 13 (“figure of moral stature”); David Johnson, Danforth Says He'll “Answer the Dark Questions” on Waco, New York Times, Sept. 10, 1999, at A19 (Waco appointment quotes). See also David Jackson and Sam Attlesey, Bush's VP Choice Still Anyone's Guess, Dallas Morning News, July 23,

2000, at 1A; Rick Pearson, Danforth Re-Emerges as Bush's Potential VP, Chicago Tribune, July 23, 2000, at 14; and Neil A. Lewis, Back in Public Arena: John Clagett Danforth, New York Times, Sept. 9, 1999, at A17.

2. 140 Cong. Ree. S7672 (daily ed. July 27, 1994). Statement of Senator Danforth.

3. Guido Calabresi, A Common Law for the Age of Statutes 5 (Harvard University Press, 1982).

4. See Susan B. Glasser and John Mintz, Bush's Capital Plan to Woo Big Business, Washington Post, Aug. 1, 1999, at Al.

5. See John B. Judis, Taking Care of Business, New Republic, Aug. 16, 1999, at 24, 26.

6. Charles Lewis and The Center for the Public Interest, The Buying of the President 2000, at 215 (Avon Books, 2000). For information about Bush's use of tort reform in his presidential race, I rely on: M. Charles Bakst, Ragged Bush Visit, Providence Journal, Sept. 9, 1999, at Bl; Maria L. La Ganga, Bush Has Right Message for Silicon Valley, Los Angeles Times, July 2, 1999; Thomas W Waldron, Bush Praises Contributions on Faith-Based Institutions, Baltimore Sun, July 15, 1999; Jim Yardley, Bush Approach to Pollution: Preference for Self-Policing, New York Times, Nov. 9, 1999, at Al; Jill Zuckman, N.H. 5th- Graders Toss a Few Softballs to Candidate Bush, Boston Globe, Sept. 8, 1999, at A4.

-221-

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Why Lawsuits Are Good for America: Disciplined Democracy, Big Business, and the Common Law
Table of contents

Table of contents

  • Title Page v
  • Contents ix
  • Acknowledgments xi
  • Introduction 1
  • 1: Why Tell Tales? 6
  • 2: War on the Common Law 22
  • 3: The Third Branch of Government 42
  • 4: Disciplined Democracy and the American Jury 66
  • 5: The American Common Law System 102
  • 6: Who Regulates Auto Safety? 138
  • 7: The Three Revolutions in Products Liability 173
  • 8: The Common Law and the Future 197
  • Notes 221
  • Index 259
  • About the Author 265
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