Abstract:
Using public choice tools, this article examines why tort reform is necessary but also elusive. Identifying the demand-side and supply-side forces that have caused tort law to evolve away from efficient rules, the article shows why the courts are an unlikely venue for meaningful tort reform. Turning to the legislature, the article identifies the necessary conditions for successful tort reform efforts.
Zywicki, Todd J. and Kidd, Jeremy, Meaningful Tort Reform: A Public Choice Analysis (February 11, 2010).
First posted 2013-06-06 07:15:12
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