Lecture 11-6

Lecture 11-6 - Lecture 11-6-07 Todays Agenda Review...

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Lecture 11-6-07 Today’s Agenda Review Questions for the Tort Law Material Brief Recap The Problem of Regulating Environmental Hazards The “River of Troy” Hypothertical—Complexity as a Constraint - 1930s: The Problem of Externalities - 1950s: The Problems of Externalities and Scarcity of Resources - 2000: The Problems of Externalities, Scarcity and High Transaction Costs Review Questions for Tort Law Materials Details of the case… How has American law governing the compensation of accident victims change over time? How does American law governing the compensation of accident victims differ from other economically advanced countries? How do you account for this over time and cross national variation? Broader questions… Was judicial policy-making appropriate in this case? Why of Why not? What does the story of tort law teach us about the CCV versus DCV debate, especially the scope of judicial power versus judicial coercion? The Evolution of Tort: Dynamic? Constrained? Both? Tort law rests on “reasonableness” (doctrinal) Legislatures are responsive individual tort claims available (institutional) Court worked within the broad political and economic constraints of the day to
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Lecture 11-6 - Lecture 11-6-07 Todays Agenda Review...

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