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Legal History Commons

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Social and Behavioral Sciences

2011

Montclair State University

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Full-Text Articles in Legal History

Tort Reform And American Political Economy, Ian Drake Jan 2011

Tort Reform And American Political Economy, Ian Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

The expansion of tort liability throughout the last century was a unique period of American legal history. In the field of products liability the expansion was dramatic; so much that it can be considered revolutionary. Also, the reaction to this expansion was so forceful that it thwarted the larger goals of the expansionary movement. This paper will review the purposes of the expansion of tort law in the twentieth century and the purposes and effects of the reaction it spurred at the state level. In short, it is my conclusion that the expansion of products liability after World War II--the …