Law Commons^™

Restatement Of Torts, A, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

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

Stephen D Sugarman

A Comparative Law Look At Pain And Suffering Awards, Stephen D. Sugarman

Stephen D Sugarman

Comparing tort awards for pain and suffering in the U.S. with European nations, Canada and Australia

Tort Reform Through Damages Law Reform, Stephen D. Sugarman

Stephen D Sugarman

In this article I compare tort damages law in Australia (most expecially recent reforms in New South Wales) with that of the US, and I propose changes in the US rules based on Australian experience (and that of some other nations).

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.

A New Approach To Tort Doctrine: Taking The Best From The Civil Law And Common Law Of Canada, Stephen D. Sugarman

Stephen D Sugarman

Canadian tort law follows the common law in most provinces, but the civil law in Quebec. The best of both systems could be drawn together for a better tort law for the 21st century, for both Canada and the United States.

Rethinking Tort Doctrine: Visions Of A Restatement (Fourth) Of Torts, Stephen D. Sugarman

Stephen D Sugarman

Although current work on the Restatment of Torts (Third) is bringing the state of tort law into the 21st century, I project forward into the future a possible (Fourth) that would radically simplify tort doctrine across what are still treated as quite separate fields (like product liability, medical malpractice, intentional torts). Under my vision, varying responsibiities would arise from differing social roles.

United States Tort Reform Wars, Stephen D. Sugarman

Stephen D Sugarman

Recent efforts to reform tort law in the U.S. are set in an international context. A broad review of the contending side in the American tort reform battle is provided.

A Century Of Change In Personal Injury Law, Stephen D. Sugarman

Stephen D Sugarman

The 20th century witnessed enormous change in American personal injury law. Over the past 100 years, torts has emerged out of a largely ineffective backwater of the law. Today, tort doctrine has coalesced around a robust law of negligence, anchored not only in contemporary concerns about fairness, but also in considerations of loss spreading and safety promotion. Over the course of the 20th century, cultural change, change in the legal and other professions, changes in civil procedure and evidence law, the development of liability insurance, and more have made it both much easier and far more natural for accident victims …

Judges As Tort Law Un-Makers: Recent California Experience With "New" Torts, Stephen D. Sugarman

Stephen D Sugarman

Part of the DePaul Law School's 1999 Clifford Symposium, this article explores the role of "judges as lawmakers" by examining the tort law decisions of the California Supreme Court for the past 15 years -- the final three years that Chief Justice Rose Bird sat on the court and the twelve years after she was removed from office. The article presents the sea change in tort law thinking, doctrine and results that have taken place over this period of time -- essentially through the abandonment of notions of enterprise liability (Calabresi thinking about cheaper cost avoiders and cheaper loss spreaders). …

A Regulated Market In Unmatured Tort Claims: Tort Reform By Contract, Robert D. Cooter, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Assumption Of Risk (The Monsanto Lecture), Stephen D. Sugarman

Stephen D Sugarman

Assumption of risk is a misleading and unhelpful tort doctrine. This article explains why this is so and how cases that are often based on assumption of risk should be decided by using other doctrinal categories.

"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.

A Restatement Of Torts , Stephen D. Sugarman

Stephen D Sugarman

This article reviews the American Law Institute's effort to look at tort law from the wider perspecive of "enterprise responsibility."

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

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."