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Title: In Defense of Tort Law by Thomas H. Koenig, Michael L. Rustad ISBN: 0-8147-4757-4 Publisher: New York University Press Pub. Date: January, 2002 Format: Hardcover Volumes: 1 List Price(USD): $60.00 |
Average Customer Rating: 4 (2 reviews)
Rating: 5
Summary: In Defense of Tort Law
Comment: The media recently has created the impression that trial litigators often are vultures searching for frivolous complaints from which to extract millions in fees. Corporations seeking to avoid the consequences of policies which may seriously harm the consumer, the employee or the environment join with Republican politicians to reinforce this image. In Defense of Tort Law, Koenig and Rustad superbly demonstrate the reality and the legitimacy of many of the grievances that lead to suits against corporations. However these grievances are seldom adequately addressed because few middle class or working class individuals have the resources to confront multi-billion dollar corporations in long complicated expensive legal battles. The authors do an outstanding job of demonstrating that if punitive damages were eliminated, it would mean the end one of the few mechanism protecting the victims of corporate excess and the power of the corporation would be almost unlimited.
Rating: 3
Summary: Dazzling Defense but Misleading
Comment: IN DEFENSE OF TORT LAW is a reasonably safe read for readers who know about tort reform but should not be opened by readers who are less experienced.
Sociology professor Thomas Koenig and law school professor Michael Rustad have created a compendium of defenses against misinformation and disinformation spread by Tort Reform. That compendium is very useful. However, any thorough reader would have to supplement it with readings that make the case for tort reform more effectively and more accurately than the authors do.
Although tort reformers, who distort so often, deserve caricature as a form of poetic justice, the authors crafted no evenhanded approach to guide beginners through tort law. Perhaps the best use of this book would be as a case-study of how adversarial settings bring out deception and trickiness on every side.
Koenig and Rustad were most cogent in their criticisms of popularized arguments for tort reform, but in advancing the case for current law and policy, the authors sometimes imitated tort reformers? reductionism, anecdotism, and sophism.
Koenig and Rustad?s defense may persuade readers that tort reformers have been guilty of false and fallacious argumentation but may not convince many readers that Koenig or Rustad have behaved much better than those whom they critique.
The chapters that addressed gender justice, patients? rights, and product safety effectively raised overlooked issues. Chapter Three showed how differences and disadvantages related to sex condition civil law in general and torts in particular; Chapter Four demystified myths about medical malpractice; Chapter Five stretched a few guidelines for manufacturing safe and honest products into ten commandments for avoiding products-liability suits and judgments. Each chapter, however, overlooked issues that tort reformers must and should raise. Chapter Three celebrated compensation of victims of silicone implants without acknowledging the judgments of epidemiologists and judges that such compensation hinged on poor science or no science. In Chapter Four the authors cited the Harvard Study to show that perhaps one out of one hundred victims of documented malpractice sued, but did not admit that the same study revealed three or four unwarranted medical malpractice suits for every one the study?s experts found to be warranted. The authors supplanted reformers? horror stories about frivolous litigation and outrageous results with their 10 Commandments but should have admitted alarming exceptions to each of the authors? ten commandments.
In sum, not a very balanced presentation. If academics behave like this, why shouldn't legislators misbehave?
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Title: Why Lawsuits Are Good for America: Disciplined Democracy, Big Business, and the Common Law (Critical America) by Carl T. Bogus ISBN: 0814799167 Publisher: New York University Press Pub. Date: 01 July, 2003 List Price(USD): $19.00 |
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Title: Lawyers, Lawsuits, and Legal Rights: The Battle over Litigation in American Society by Thomas F. Burke ISBN: 0520227271 Publisher: University of California Press Pub. Date: 01 October, 2002 List Price(USD): $29.95 |
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Title: In the Hands of the People: The Trial Jury's Origins, Triumphs, Troubles, and Future in American Democracy by William L. Dwyer ISBN: 0312278128 Publisher: Thomas Dunne Books Pub. Date: 01 January, 2002 List Price(USD): $24.95 |
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Title: The Law of Torts (Hornbook) by Dan B. Dobbs ISBN: 031421187X Publisher: West Information Pub Group Pub. Date: 01 January, 2000 List Price(USD): $52.00 |
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Title: The Oxford Companion to American Law by Kermit L. Hall, David Scott Clark ISBN: 0195088786 Publisher: Oxford University Press Pub. Date: 01 March, 2002 List Price(USD): $75.00 |
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