Civil Rights in Ordinary Tort Cases: Race, Gender, and the Calculation of Economic Loss

35 Pages Posted: 25 May 2005

See all articles by Martha Chamallas

Martha Chamallas

Ohio State University (OSU) - Michael E. Moritz College of Law

Abstract

This article explores race and sex bias in the computation of damages for loss of future earning capacity, an important component of economic loss in personal injury cases. It analyzes recent cases in the United States and in Canada which reject the use of race and sex-based tables to determine awards for female and minority plaintiffs and explains the method used by the special master in the September 11th Compensation Fund. Chamallas explores objections to reform - from both the "right" and the "left" - and makes the case for connecting civil rights principles to civil litigation.

JEL Classification: D63, J15, J16, J17, K13

Suggested Citation

Chamallas, Martha, Civil Rights in Ordinary Tort Cases: Race, Gender, and the Calculation of Economic Loss. Loyola of Los Angeles Law Review, 2005. Available at SSRN: https://ssrn.com/abstract=728430

Martha Chamallas (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

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