Monday, June 26, 2006

Guest Posting at Point of Law

I'm guest posting at Point of Law this week.  My first entry, An Introduction to Tort Reform for Liberals, is up now.  Comments here are welcome.

http://lawprofessors.typepad.com/tortsprof/2006/06/guest_posting_a.html

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Comments

I will be following your posting, but would like you to try to evaluate a few measures for your proposal.

. 1) How much more/less efficient is your proposal e.g. Award/Legal-expenses?

. 2) How the ratio of Cases brought to Cases settled in favor of the plaintiff changed?

. 3) How much more/less is the total annual expected award to all the plaintiffs?

. 4) Of course, how much more/less is the expected Rightly-decided-cases/all-cases changed?


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As a liberal/libertarian I think that we need a robust "reasonable" legal system to control the tendency of profit making institutions to cut corners, etc. but would agree that "frivolous" law suits are bad. If we believe that companies and professional are properly balancing profit and social good because of the justice system, then we will be less likely to micro manage them thru the legal system...

So I am interested in a system that

. 1 and 2) Improves the efficiency of the system

. 3) Punishes the immoral profiteer

I have no reason to believe that the total amount of fines/penalties is too high or low, so suspect a system that primarily is profitable to either the Companies or the Plaintive, but am willing to consider systems that are more "Cost Effective"

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Posted by: Mike Liveright | Jun 26, 2006 2:14:06 PM

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