No-Fault Tort Law as a 'Strategic Assumption': Throwing Out the Baby with the Bathwater

Miller, Nelson Pierce

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No-Fault Tort Law as a 'Strategic Assumption': Throwing Out the Baby with the Bathwater

Nelson Pierce Miller

Thomas M. Cooley Law School

January 1, 2004

University of Detroit Mercy Law Review, Vol. 82, p. 47, 2004

Abstract:
When the State Bar of Michigan made the strategic assumption that no-fault law would soon replace tort law, it ignored the central place that tort law has had and will always have in the effective administration of law and justice in an ordered society. Policymakers should plan for the continued place of tort law within the private civil-justice system. The compromise and resolution of private rights including rights over the integrity of one's person and property are critical to American productivity and welfare.

Number of Pages in PDF File: 12

Keywords: no-fault, tort law, replace, policy, civil justice, compensation, rights, private

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Date posted: November 19, 2011

Suggested Citation

Miller, Nelson Pierce, No-Fault Tort Law as a 'Strategic Assumption': Throwing Out the Baby with the Bathwater (January 1, 2004). University of Detroit Mercy Law Review, Vol. 82, p. 47, 2004. Available at SSRN: http://ssrn.com/abstract=1961665

Contact Information

Nelson Pierce Miller (Contact Author)

Thomas M. Cooley Law School ( email )

300 S. Capitol Avenue
P.O. Box 13038
Lansing, MI 48901
United States