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

12 Pages Posted: 19 Nov 2011  

Nelson P. Miller

Western Michigan University Cooley Law School

Date Written: January 1, 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.

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

Suggested Citation

Miller, Nelson P., 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: https://ssrn.com/abstract=1961665

Nelson Pierce Miller (Contact Author)

Western Michigan University Cooley Law School ( email )

111 Commerce S.W.
Grand Rapids, MI 49503
United States

HOME PAGE: http://www.cooley.edu/faculty/miller_nelson.html

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