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Democracy And Tort Law In America: The Counter-Revolution, Christopher J. Roederer Feb 2007

Democracy And Tort Law In America: The Counter-Revolution, Christopher J. Roederer

Christopher J. Roederer

Although the seeds of democracy and democratic tort reform were sown well before America’s founding, neither began to blossom until after the Second World War. Democratic progress from the 1950s to the 1970s led to, and was in part consolidated by, progressive developments in tort law during the same period. Unfortunately, the last quarter century has been a period of democratic decay in America and just as the revolution in tort law was bound up with democratic progress, the counter-revolution in tort law has tracked and reinforced the waning of American democracy since the 1980s. Although a few authors have …