Rethinking the Landscape of Tort Reform: Legislative Inertia and Court-Based Tort Reform in the Case of Asbestos

@article{Barnes2007RethinkingTL,
  title={Rethinking the Landscape of Tort Reform: Legislative Inertia and Court-Based Tort Reform in the Case of Asbestos},
  author={Jeb Barnes},
  journal={Justice System Journal},
  year={2007},
  volume={28},
  pages={157 - 181}
}
  • Jeb Barnes
  • Published 2007
  • Economics
  • Justice System Journal
  • On its face, the asbestos case seems a quintessential example of the obstacles to enacting major tort reform in the United States, even when judges repeatedly ask for legislative relief and tort law is demonstrably costly and inconsistent. However, a closer look reveals that, since the early 1980s, judges and lawyers have been implementing “court-based tort reform”: the creative use of existing rules and procedures to alter the litigation process. Understanding this institutional capacity, in… CONTINUE READING

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