A Survey and Some Commentary on Federal "Tort Reform"

Citation data:

Vol: 39, Issue: 4

Publication Year:
2015
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Downloads 59
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Repository URL:
http://ideaexchange.uakron.edu/akronlawreview/vol39/iss4/3
Author(s):
Allen, Michael P.
Tags:
tort system; tort reform; runaway juries; plaintiff's attorney; civil justice system; Law; Torts
article description
In Part I, I survey the potential types of federal tort reform. While many of these types of reform measures could be adopted at the state level as well as nationally, some important ones could not. It is on those uniquely federal measures that I focus much of my attention. This section also considers the interrelationships of the branches of government as well as the political and legal advantages and disadvantages of various types of reform. In Part II, I discuss some of the legislation adopted in the wake of the September 11th terrorist attacks. That legislation provides a useful summary of what can be done at the federal level by combining the various avenues for reform available to the national government. It also gives one a good indication of the extent, and simultaneously, the subtlety of federal power in the American constitutional order.