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Full-Text Articles in Torts
Foreward: Choosing Among Systems Of Auto Insurance For Personal Injury, Stephen D. Sugarman
Foreward: Choosing Among Systems Of Auto Insurance For Personal Injury, Stephen D. Sugarman
San Diego Law Review
In his Forward to this volume's Tort Law - No-Fault Insurance Symposium, Mr. Sugarman briefly notes the key issues regarding the system of auto insurance for personal injury and highlights the issues raised by the contributing authors. After discussing the no-fault auto insurance movement of the 1960s and 1970s, its adoption in New York and Michigan, and a system that gives motorists a choice between Fault and No-Fault insurance, the author puts forth his own proposal. The author proposes that the state assure the universal availability of first party (no-fault) benefits for auto accident victims, but that these benefits not …
No-Fault Auto Insurance: Back By Popular (Market) Demand, Jeffrey O'Connell
No-Fault Auto Insurance: Back By Popular (Market) Demand, Jeffrey O'Connell
San Diego Law Review
In this Article, Professor O'Connell discusses the inadequacies behind auto insurance and the system of no-fault auto insurance. Picking up where a California Senator left off with the provocative question, "Why not offer consumers a choice in the marketplace?," the author sets forth a proposal whereby consumers would have a choice. Consumers would be allowed to choose between fault-based and no-fault insurance. Such a choice would insulate the costs of no-fault coverage from those of tort liability. The latter part of the Article is spent rebutting the proposals and ideas put forth by the other contributing authors.
Reducing Noneconomic Damages By Trick, Joseph W. Little
Reducing Noneconomic Damages By Trick, Joseph W. Little
San Diego Law Review
In this Article, Professor Little takes issue with the Jeffrey O'Connell and Robert Joost "freedom to choose" no-fault plan. The author demonstrates why presenting this plan in the guise of freedom of choice is a charlatan's trick that would not fool most lawyers and judges. In effect, it benefits the rich at the expense of the ppor. He then presents some different approaches for solving the problem O'Connell and Joost want solved. His plans would induce early settlement attempts that would be beneficial both in bringing tort litigation under control and in reducing costs.
Choosing The Best Auto Insurance Choice System, Robert H. Joost
Choosing The Best Auto Insurance Choice System, Robert H. Joost
San Diego Law Review
In this Article, Mr. Joost reviews the auto insurance choice system and highlights recent legislative history in various states pertinent to the choice system. Acknowledging that there is growing interest in the concept of choice in auto insurance, the author recognizes that there is a lack of any consensus as to the best mechanism to use to assure that consumers can make an informed and rational choice. The author examines eight different possible choice mechanisms. He next summarizes the issues and problems that ought to be addressed in any choice system. In conclusion, any auto insurance reform proposal must be …
Whither No-Fault In California: Is There Salvation After Proposition 103, William C. George
Whither No-Fault In California: Is There Salvation After Proposition 103, William C. George
San Diego Law Review
In this Article, Mr. George, offers some suggestions for the solution of the automobile insurance problem. Recognizing that the biggest problem is cost, the author suggest that one way of reducing cost would be to repeal the financial responsibility laws. People concerned with protecting themselves and their assets would purchase first party and third party coverages. The irresponsible party would be left to their own devices and subject to legal sanctions for failure to pay for damage they caused. The author draws a parallel between the amount paid in premiums to amount of benefits available. Assuming financial responsibility laws are …
Giving Motorists A Choice Between Fault And No-Fault Insurance: An Economic Critique, Jack L. Carr
Giving Motorists A Choice Between Fault And No-Fault Insurance: An Economic Critique, Jack L. Carr
San Diego Law Review
In this Article, Professor Carr responds to the proposal by O'Connell and Joost whereby motorists are given a choice between fault and no-fault insurance. Though appealing, there are situations where free choice is inappropriate. This Article examines those situations and argues that free choice of liability rules and insurance regimes will be socially harmful due to the phenomenon of externalities.
A Choice Of Choice: Adding Postaccident Choice To The Menu Of No-Fault Models, Craig Brown
A Choice Of Choice: Adding Postaccident Choice To The Menu Of No-Fault Models, Craig Brown
San Diego Law Review
In this Article, Professor Brown tackles the concept of no-fault auto insurance from the perspective of auto insurance premiums. The author believes that the promise of lower premiums will allow no-fault insurance to succeed where other arguments have failed. There are two models developed for integrating tort and no-fault. In this article, the author proposes a third model: a scheme which allows an accident victim to choose between tort and no-fault after the accident has occurred. Similar to the other two models, this third model would reduce and stabilize costs. Whichever model is chosen, opportunities exist for considerable improvement both …
Legislating Reversions: A Mistken Path Leading To Drastic Results, John H. Abbott
Legislating Reversions: A Mistken Path Leading To Drastic Results, John H. Abbott
San Diego Law Review
This Comment addresses the debate within Congress and the pension community over the disposition of any excess assets remaining after a pension plan is terminated and all its liabilities are paid. Congress is reviewing the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code in the hopes of clarifying alleged problems with asset reversion. The author sees Congress leaning toward either severely restricting future reversions or disallowing them altogether. Any significant changes in the law regarding reversions will be highly detrimental to all concerned in the private pension system. The Comment outlines the unique nature of defined …
Right To Counsel: Balancing The Burden Of Persuasion On The Adversarial Scales Of Criminal Justice, Loretta A. Neary-West
Right To Counsel: Balancing The Burden Of Persuasion On The Adversarial Scales Of Criminal Justice, Loretta A. Neary-West
San Diego Law Review
How much is society willing to pay to protect constitutional rights from government infringement? How much constitutional protection is society allowed to forfeit in exchange for more effective law enforcement? The criminal justice system's allocation of the burdens of proof ultimately decides these questions. When do effective law enforcement tactics, such as undercover agent investigations, violate a defendant's sixth amendment right to the effective assistance of counsel? When does the sixth amendment violation warrant judicial remedies? Only the government knows when and how improperly obtained information is ultimately utilized. The adversarial context of American criminal justice dictates allocating to the …
Alleghany Pittsburgh Coal Co. V. County Commission Of Webster County: Equal Protection In Property Taxation, A New Challenge To Proposition 13, Marian Adams Harvey
Alleghany Pittsburgh Coal Co. V. County Commission Of Webster County: Equal Protection In Property Taxation, A New Challenge To Proposition 13, Marian Adams Harvey
San Diego Law Review
In Allegheny Pittsburgh Coal Co. v. County Comm'n the United States Supreme Court held that it was an unconstitutional violation of equal protection for the assessor of Webster County to subject similarly situated properties to different tax burdens depending on when they were purchased. The Court stated it "need not" and did not decide whether the California Constitution, enacted as Proposition 13, would "stand on a different footing." The Court's collateral reference has inspired recent challenges to Proposition 13. This Note addresses the United States Supreme Court's equal protection analysis and its possible application to California's Article XIII A.