A Proposal for State Funding of Municipal Tort Liability

Abstract

This student-written note (article) argues that states should be responsible for funding tort liability for municipalities. The loss spreading and compensation goals of tort law are furthered under a regime of state funding, while the deterrence goal would not be undercut. The policy goals used as the basis for this article were first articulated in a systematic fashion by Guido Calabresi in Costs of Accidents.