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
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, privateAccepted Paper Series
Date posted: November 19, 2011
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