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poscnotes2 - PARTS 3 AND 4 OF CLASS 10/30/07 Paper: Choose...

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PARTS 3 AND 4 OF CLASS 10/30/07 Paper: Choose current Supreme Court cases, they work better! Visit Professor Barnes! cq weekly website, print articles Overview of Part III Under what conditions do the constraints of the CCV and DCV kick in, to what extent the they? Law, Courts, and Public Policy Tort/Insurance —cultural constraints and the development of policy through the courts Environmental Law —the interaction between institutional constraints and policy complexity (misuse of resources is a widespread problem) Employment/Sex Discriminatio n—putting the pieces together (Doctrinal, Institutional, Cultural) The goal : generate hypotheses about the nature of constraints on judicial policy-making in the U.S. The “Problem” with Technology Obviously, technology—broadly understood in terms of new products, processes and practices—has vastly improved the quality of life in a variety of ways. .. But technology has its price Despite efforts to improve the distribution, marketing, and testing of technology, harmful and defective products, processes and practices will inevitably emerge (raises a public policy issue) In a fast-paced, mobile and affluent society, these risks are amplified and widely distributed. The policy problem is how to compensate victims of unsafe technologies and manage future risks without chilling innovation too much In the next few weeks, we’ll be looking at the role of courts in addressing some of these risks: namely the risks of injury and environmental degradation Definitions Tort Law is a branch of civil law, which deals with wrongful acts involving injuries to person, property or reputation. (Note: it excludes damages resulting from a breach of contract.) Insurance is a private contract or public regulatory system, which spreads the risk of individual loss. ( buying into a broad, comprehensive pool where everyone shares the risks) (worker’s compensation is provision of funds that is taken out of everyone’s wages) Changes in Compensating Accident Victims in the U.S. (19 th to 20 th Century) 19 th Century (Industrial Revolution) 20 th Century (Rise of an American Welfare State) Elements Tort (All Accident Victims) Tort (Mostly Personal Injury) Workers Compensation (Job Accident Victims) Liability Negligence (Reasonably discharging Duty of Care) Negligence and Strict No Fault
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Causation Proximate ( Ryan case) Proximate (but arguably more relaxed) None Defenses Contributory Negligence Assumption of Risk Fellow-Servant (cannot be held accountable for actions of other workers) Comparative Negligence Assumption if Risk No Fellow-Servant N/A Damages Actual/Future Earnings/Pain and Suffering Same Law, but Higher Awards (even with adjusting for inflation) Limited but Certain (% of Paycheck) Policy Promote Economic Development/ Punish Wrongdoers Compensate Victims of Harm/ Punish Wrongdoers Compensate Victims Strict liability -if you engage in making a dangerous product, you’re completely liability Comparative Negligence
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poscnotes2 - PARTS 3 AND 4 OF CLASS 10/30/07 Paper: Choose...

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