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notes October 27

notes October 27 - Agenda Recap Products Liability in...

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October 27, 2005 Agenda Recap Products Liability in Comparative Perspective Why the Difference? Evolution of Tort: Dynamic? Constrained? Both? DCV: Doctrinal Constraint the law has changed. o Institutional when legislation passed workers’ compensation, it was interpreted broadly. o Cultural none; the law had changed. CCV: Even if courts change its way because of public opinion, not in spite of it (cultural constraints). Both: culture gave boundaries but courts had a lot of leeway. Cultural Constraints: the broad bend in the river. o Broad boundaries on what it can do. - Court worked within the broad political and economic constraints of the day to fashion specific rules that had broad policy implications. PAPER: generate conditions when courts are dynamic or constrained. What is “Product Liability”? Friedman’s argument is that a rise in total justice is driving this increase in adversarial legalism.
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