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notes November 8

notes November 8 - November 8 2005 Agenda Recap Tort law...

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November 8, 2005 Agenda Recap: Tort law, Regulating Hazards and DCV/CCV Debate The Constraints Debate: Some Early Lessons Jo Carol LaFleur and the Women’s Movement DCV and Tort Law Pliability of Tort Law The Flood of Lawsuits Prominent Role of Judges in Defining (and Redefining) Tort Law CCV and Tort Law Doctrinal Innovations were Consistent with Dominant Concerns/Interests 19 th Century Industrial Revolution Protect Industry 20 th Century Total Justice Compensation DCV and Regulating Environmental Risks Vague Doctrine Unbridled Court Discretion Political Incentives to Pass-the-Buck to the Courts o Shift costs because litigation is privately funded o Shift blame to the courts CCV and Regulating Environmental Risks Narrow Disputes/Broad and Multi-Dimensional Problems (externality + Scarcity + high transaction costs) o It is all about what happened in the past Inapplicability of legal sanctions to future harms and risks Lawsuits “Bunker Mentality” Resistance to Compliance o Won’t reach problem-solving solutions when at war with someone. The Constraints Debate: Some Early Lessons… See Notes LaFleur Case When did this litigation occur? High mark of the feminism movement.
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