A Response to Theodore Eisenberg 'U.S. Chamber of Commerce Liability Survey: Inaccurate, Unfair and Bad for Business'
6 Pages Posted: 24 Sep 2009 Last revised: 30 Sep 2009
Date Written: September 24, 2009
On September 9, 2009 Professor Eisenberg posted on SSRN the article cited above that is very critical of a survey that Harris Interactive, well known for The Harris Poll, conducted for the U.S. Chamber Institute for Legal Reform. Professor Eisenberg states in his article that 'the survey is subtantively inaccurate and methodoloically flawed.' We strongly disagree. Most of his paper is focused on the theme that our respondents are ignorant, misinformed or biased, or that we should have surveyed different people. Most of his criticisms, directly or indirectly, are that we do not present an objective guide to how well the states' systems works - something we do not claim to do. He presents no evidence that our surveys do not represent the views of corporate counsel accurately, which is all we claim to do. In our reports we have always made it clear that we are measuring what corporate counsel believe, and that what they believe can have important consequences.
Keywords: Eisenberg, tort reform, courts, punitive damages, class actions, juries
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