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Selected Works

Stephen D Sugarman

Law and Society

Articles 1 - 8 of 8

Full-Text Articles in Law

Roles Of Government In Compensating Disaster Victims, Stephen D. Sugarman Jan 2007

Roles Of Government In Compensating Disaster Victims, Stephen D. Sugarman

Stephen D Sugarman

Government has many roles to play with respect to the compensation of victims of catastrophes: on the insurance side (helping make insurance available ex ante, assuring insurer solvency and fair payment of claimants ex post) and on the compensation side (where government is at fault, where tort rights are reduced, where commuities face destruction, and where special altruistic concerns are present).


Ideological Flip-Flop: American Liberals Are Now The Primary Supporters Of Tort Law, Stephen D. Sugarman Sep 2006

Ideological Flip-Flop: American Liberals Are Now The Primary Supporters Of Tort Law, Stephen D. Sugarman

Stephen D Sugarman

Traditionally structured to function to favor defendants, tort law around 1960 was a regime that conservatives defended and liberals sought to replace or reform. In the U.S. today, many on the left embrace tort law, and it is the right that is pushing for "tort reform." Along with this ideological somersault, American tort law has bcome much more politically prominent. This essay explores this ideological transformation of tort law in the U.S.


Let's Try Performance-Based Regulation To Attack Our Smoking And Obesity Problems, Stephen D. Sugarman May 2005

Let's Try Performance-Based Regulation To Attack Our Smoking And Obesity Problems, Stephen D. Sugarman

Stephen D Sugarman

Instead of "command and control" regulation, and instead of litigation, let's try "performance-based regulation" as a way to force enterprises that are responsible for our obesity and smoking problems to solve them.


Making The Food And Beverage Industry Take Responsibility For Reducing Childhood Obesity: A Market-Based Approach To Public Health, Stephen D. Sugarman Dec 2004

Making The Food And Beverage Industry Take Responsibility For Reducing Childhood Obesity: A Market-Based Approach To Public Health, Stephen D. Sugarman

Stephen D Sugarman

How we might attack childhood obesity through performance based regulation, requiring food and beverage companies to solve the problem they have created.


Approving Charter Schools: The Gatekeeper Function, Stephen D. Sugarman May 2001

Approving Charter Schools: The Gatekeeper Function, Stephen D. Sugarman

Stephen D Sugarman

Charter schools hold great promise to reform and improve K-12 education. Charter school authorizors must tread a narrow line between giving the schools the necessary autonomy and assuring that several key public values are being upheld. This article examines the chartering process and makes a range of reform recommendations.


"Pay At The Pump" Auto Insurance: The California Vehicle Injury Plan (Vip) For Better Compensation, Fairer Funding, And Greater Safety, Stephen D. Sugarman Mar 1993

"Pay At The Pump" Auto Insurance: The California Vehicle Injury Plan (Vip) For Better Compensation, Fairer Funding, And Greater Safety, Stephen D. Sugarman

Stephen D Sugarman

This small book offers the basic argument for a comprehensive auto no-fault plan that is largely funded by payments made as motorists purchase gasoline. This VIP "Pay at the Pump" plan would replace the current scheme of tort liability and private automobile liability insurance. It would save most motorists money, it would more fairly price the cost of auto accidents, it would promote safer cars and safer driving, and it would far better compensate victims (especially seriously injured victims) of auto accidents than does the current scheme.


Nader's Failures?, Stephen D. Sugarman Dec 1991

Nader's Failures?, Stephen D. Sugarman

Stephen D Sugarman

How can we improve auto safety? Has federal legislation helped? Has Ralph Nader helped? What about tort law? These matters are explored thorugh a review of Mashaw and Harfst's book "The Struggle for Auto Safety."


Doctor No: Medical Malpractice On Trial, Stephen D. Sugarman Aug 1991

Doctor No: Medical Malpractice On Trial, Stephen D. Sugarman

Stephen D Sugarman

Can medical malpractice law be reformed for the benefit of patients and the health care system? This article addresses that issue through a review of Paul Weiler's book "Medical Malpractice on Trial."