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Public Law and Legal Theory

Stephen D Sugarman

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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.