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100 Years of Conflict: The Past and Future of Tort Retrenchment

70 Pages Posted: 20 Apr 2005  

John T. Nockleby

Loyola Law School Los Angeles

shannon curreri

affiliation not provided to SSRN

Abstract

John Nockleby and Shannon Curreri argue in "100 Years Of Conflict: The Past And Future Of Tort Retrenchment," that tort reform is a political movement reacting against several decades of common law judging. Redefining the tort "reform" movement as actually retrenchment, Nockleby & Curreri examine the contemporary political battles over tort law against the backdrop of earlier social, political, and economic forces that transformed the American civil justice system during the first three quarters of the twentieth century. These developments include litigating major social harms through the tort system, expanding consumer and employee rights and duties to protect others, recognizing emotional harm as a compensable loss, and the rise in business-to-business tort litigation. The current political conflicts over tort law are best understood as an effort to retreat from those achievements.

JEL Classification: K00

Suggested Citation

Nockleby, John T. and curreri, shannon, 100 Years of Conflict: The Past and Future of Tort Retrenchment. Loyola of Los Angeles Law Review, Vol. 38, 2005. Available at SSRN: https://ssrn.com/abstract=707233

John T. Nockleby (Contact Author)

Loyola Law School Los Angeles ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States

Shannon Curreri

affiliation not provided to SSRN ( email )

No Address Available

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