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2006

Stephen D Sugarman

Public Law and Legal Theory

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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.