Liability: The Legal Revolution and Its Consequences

By Peter W. Huber | Go to book overview

NOTES

Chapter 1. Uncommon Law
Page 3 Long Island tour bus: R. Hanley, "Insurance Costs Imperil Recreation Industry," New York Times, 12 May 1980, p. A1.
Page 3 price of a small airplane: "General Aviation Tort Reform Considered," The Executive Letter, Insurance Information Institute ( 18 August 1986); see also "Business Struggling to Adapt as Insurance Crisis Spreads," Wall Street Journal, 21 January 1986
Page 3 hyperemesis pill: T. R. Reid, "Insurance Famine Plagues Nation," Washington Post, 23 February 1986, pp A1, A6
Page 4 $300 per birth: Lester Thurow, "In Suit-Happy Society, the Economy Ends Up Suffering the Damages," Los Angeles Times, 15 December 1985, Part IV, p. 3.
Page 4 $85,000 a year: "Business Struggling to Adapt as Insurance Crisis Spreads," Wall Street Journal, 21 January 1986, p. 31.
Page 4 New York City schools: "Sorry, Your Policy is Canceled," Time, 24 March 1986, p. 16; Advisory Commission on Liability Insurance, Insuring Our Future, Scope of the Problem (Report of the Governor's Advisory Commission on Liability Insurance to Governor Cuomo, State of New York, 7 April 1986)
Page 4 "CJ" Jeep: Insurance Famine Plagues the Nation, Washington Post, 23 February 1986, p. A6
Page 4 Voyager plans: P. Huber, "Who Will Protect Us from Our Protectors?" Forbes, 13 July 1987, p. 56.
Page 4 St. Joseph, Missouri: R. Lindsey, "Soaring Liability Premiums Threaten Some Bus Lines," New York Times, 29 December 1985, p A16.
Page 4 Lafayette County: "Business Struggling to Adapt as Insurance Crisis Spreads"; see also "Liability Insurance in Crisis" (editorial), New York Times, 4 March 1986, p. A26.
Page 4 Miami railbus: "Business Struggling to Adapt as Insurance Crisis Spreads."
Page 4 ice-skating rinks: "Insurance Famine Plagues Nation," Washington Post, 23 February 1986, p. A1; New York Times, 12 May 1980, p. A1
Page 4 top 200 corporations: Chief Executive, Summer 1986, p. 32.
Page 4 $1 of direct tax they pay: "Defensive Medicine: It Costs, But Does It Work?" 257 J.A.M.A.2801 ( May 1987).
Page 9 average award has grown more rapidly still: D. Hensler, M. Vaiana, J. Kakalik, M. Peterson , Trends in Tort Litigation: The Story Behind the Statistics ( Santa Monica, Calif.: Rand Institute for Civil Justice, Special Report R-3583-ICJ, 1987).
Page 9 fourfold increase between 1976 and 1986: David Kelley, "Editorial Commentary: When Atlas Shrugs," Barron's, 21 April 1986, p. 11; Annual Reports of the Director ( Washington, D C.: Administrative Office of the United States Courts, 1974-85) cited in J. Fried, "U. S. Courts Are Jammed by Caseload," New York Times, 9 July 1987, p. A15.
Page 9 claims against cities between 1982 and 1986: The Need for Legislative Reform of the Tort System, A Report on the Liability Crisis from Affected Organizations ( Washington, D.C.: Sidley & Austin, May 1986), citing Haas, "U S Towns and Cities Paying More for Less," Credit Markets, November 1985, p. 47.
Page 10 claims against the federal government: L. McGinley, "Explosive Growth of Lawsuits Against the U.S. Creates Concern Over Potential Budget Impact," Wall Street Journal, 14 January 1985, p. 38.
Page 10 fivefold increase in average judgment: R. Hunter, "Taming the Latest Insurance 'Crisis'," New York Times, Letter, 13 April 1986, p F3; Mary Zavada, "Brushing Up on BasicArithmetic"

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Liability: The Legal Revolution and Its Consequences
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Preface ix
  • Acknowledgments x
  • 1 - Uncommon Law 3
  • 2 - The Death of Contract 19
  • 3 - Search for New Rules 33
  • 4 - Knowledge of the Law is No Excuse 45
  • 5 - The New Town Meeting 62
  • 6 - Resetting the Clock 84
  • 7 - Sentence Without Verdict 98
  • 8 - Pain and Punishment 115
  • 9 - Insurance in Retreat 133
  • 10 - What is Deterred? 153
  • 11 - Rights in Collision 172
  • 12 - Compassion by Consent 190
  • 13 - Choosing Safety 207
  • 14 - Consent and Coercion 220
  • Notes 233
  • Index 253
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