38 Pages Posted: 11 Jun 2011
Date Written: 1996
While few who have urged tort reform have recognized racism as one of the principal barriers to social justice, this article claims it is essential to discuss race discrimination in order to have true tort reform and to address the problems inherent in the tort doctrine. The article emphasizes the race issue impacts every aspect of a tort claim and adversely affects lawyers, clients, and the public view on justice. Pretending race has nothing to do with tort law or utilizing a colorblind approach only reinforces inequality within the system. Stories of people of color, in addition to what empirical studies of judgments and verdicts are available, shed some light on the serious problems within the tort system with regards to racial justice albeit only scratching the surface. The article concludes by suggesting some tort reform measures that could ease the pain of participants in the tort system.
Keywords: tort reform, racial justice, social justice, race discrimination
JEL Classification: K13, K30, K39
Suggested Citation: Suggested Citation
McClellan, Frank, The Dark Side of Tort Reform: Searching for Racial Justice (1996). Rutgers Law Review, Vol. 48, pp. 761-798, 1996. Available at SSRN: https://ssrn.com/abstract=1861332