Why Lawsuits are Good for America : : Disciplined Democracy, Big Business, and the Common Law /

Why Lawsuits are Good for America : : Disciplined Democracy, Big Business, and the Common Law / / Carl T. Bogus.

Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald’s because she was scalded when she spilled her coffee. Thousands file lawsuits claimin...

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Bibliographic Details
Superior document:Title is part of eBook package: De Gruyter New York University Press Backlist eBook-Package 2000-2013
VerfasserIn:
Bogus, Carl T.,
Place / Publishing House:New York, NY : : New York University Press, , [2003]
©2003
Year of Publication:2003
Language:English
Series:Critical America ; 62
Online Access:
Physical Description:1 online resource
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Table of Contents:
  • Frontmatter
  • Contents
  • Acknowledgments
  • Introduction
  • 1. Why Tell Tales?
  • Proctor v. Davis: The Real Story
  • Why Tell Tales?
  • 2. War on the Common Law
  • War on the Common Law
  • The Tort Reform Agenda
  • The Common Law and America
  • 3. The Third Branch of Government
  • Separation of Powers and the American Judiciary
  • The Common Law Tradition
  • An American Bench and Bar
  • An American Procedural System
  • 4. Disciplined Democracy and the American Jury
  • The Founders and the Civil Jury
  • The Contemporary Civil Jury: England versus America
  • Disciplined Democracy
  • Is the Civil Jury Competent?
  • The Civil Jury and Societal Values
  • 5. The American Common Law System
  • The Four Legs of American Common Law
  • Why the Common Law Is Special
  • 6. Who Regulates Auto Safety?
  • The Stunning Improvement in Auto Safety
  • Administrative Regulation
  • The Bronco II Story
  • Who Regulates Auto Safety?
  • Balancing Safety and Other Considerations
  • 7. The Three Revolutions in Products Liability
  • The First Revolution: Strict Liability for Defective Products
  • The Second Revolution: Strict Liability for Nondefective Products with Unreasonably Dangerous Features
  • The Third Revolution: Strict Liability for Unreasonably Dangerous Products
  • 8. The Common Law and the Future
  • Common Law in the Twenty-first Century
  • Notes
  • Index
  • About the Author

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