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11-6 lecture - 11/6 Lecture Review Questions for Tort Law...

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11/6 Lecture Review Questions for Tort Law Materials -Details of the case… How has American law governing the compensation of accident victims changed over time? How does American law governing the compensation of accident victims differ from other economically advanced countries? (Patterns of litigation) How do you account for this over time and cross-national variation? -Broader questions… Was judicial policy making appropriate in this case? Why or why not? What does the story of tort law teach us about the CCV v DCV debate, especially the scope of judicial power v judicial coercion? The Evolution of Tort: Dynamic? Constrained? BOTH! Debate about doctrinal, institutional, and cultural constraints Tort law rests on “reasonableness” DOCTRINAL Legislatures not responsive, individual tort claims available INSTITUTIONAL Court worked within the broad political and economic constraints of the day to fashion specific rules to had broad policy implications CULTURAL
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