Tort reformers have met with some success in their efforts to modify the common law’s collateral source rule. Interestingly, tort theorists have largely neglected this rule. The authors present a coherent theory of collateral source,... more
Tort reformers have met with some success in their efforts to modify the common law’s
collateral source rule. Interestingly, tort theorists have largely neglected this rule. The
authors present a coherent theory of collateral source, and discuss twenty-three original
thought experiments that operationalize this theory. Although one of the authors has
published extensively in favor of tort reform, the collateral source rule is not an area
requiring revision. Indeed, the collateral source rule may be the “canary in the coal
mine”: Its modification or elimination might endanger the integrity of tort law and signal
the loss of “tort’s soul.”
collateral source rule. Interestingly, tort theorists have largely neglected this rule. The
authors present a coherent theory of collateral source, and discuss twenty-three original
thought experiments that operationalize this theory. Although one of the authors has
published extensively in favor of tort reform, the collateral source rule is not an area
requiring revision. Indeed, the collateral source rule may be the “canary in the coal
mine”: Its modification or elimination might endanger the integrity of tort law and signal
the loss of “tort’s soul.”
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Mayola Williams sued Philip Morris, the manufacturer of Marlboros, for the wrongful death (from lung cancer) of her husband Jesse, who had been a lifelong Marlboro smoker. Despite warnings from the federal government, family, and many... more
Mayola Williams sued Philip Morris, the manufacturer of Marlboros, for the wrongful death (from lung cancer) of her husband Jesse, who had been a lifelong Marlboro smoker. Despite warnings from the federal government, family, and many others, Jesse Williams had smoked because he allegedly believed Philip Morris’s claims that smoking had not been proven to be dangerous. An Oregon jury awarded Ms. Williams $821,000 in compensatory damages (reduced to $521,000 because of a cap on pain and suffering) and $79.5 million in punitive damages (of which sixty percent was diverted to the Oregon government). The punitive award was upheld by Oregon’s appellate courts and was reaffirmed on remand after the United States Supreme Court ordered it to be reconsidered in light of the Court’s ruling in State Farm Mutual Automobile Insurance Co. v. Campbell. The Oregon
... 2 The case of the 2005 Duke la-crosse team, and of three players (Dale Evans, Collin Finnerty, and Reade Seligmann) in particular ... sullied them-selves by their own comments and by the perfidy of their “guest experts” (including... more
... 2 The case of the 2005 Duke la-crosse team, and of three players (Dale Evans, Collin Finnerty, and Reade Seligmann) in particular ... sullied them-selves by their own comments and by the perfidy of their “guest experts” (including ludicrous former prosecutor Wendy Murphy). ...
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... COURT'S MICHIGAN DECISIONS Abigail Thernstrom, Nathan Glazer, Thomas E. Wood, George R. La Noue, and Michael I. Krauss ... Codifying a Double Standard Abigail Thernstrom One should never count on the US Supreme Court to think and... more
... COURT'S MICHIGAN DECISIONS Abigail Thernstrom, Nathan Glazer, Thomas E. Wood, George R. La Noue, and Michael I. Krauss ... Codifying a Double Standard Abigail Thernstrom One should never count on the US Supreme Court to think and write clearly. ...
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... barn. Charlie and Denise take pity on the dejected Bernice, and organize a barn bee, ... byCharlie and Denise constitute compensation, eliminating that entitlement. The Common Law's collateral source rule (CSR) holds that in... more
... barn. Charlie and Denise take pity on the dejected Bernice, and organize a barn bee, ... byCharlie and Denise constitute compensation, eliminating that entitlement. The Common Law's collateral source rule (CSR) holds that in order to be considered ...
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A Russian, a Cuban, an American, and a layer are seated in the same compartment on a train. The Russian takes a bottle of vodka out of his luggage, pours some into a glass, drinks it, and firmly states: “In Russia, we have best wodka in... more
A Russian, a Cuban, an American, and a layer are seated in the same compartment on a train. The Russian takes a bottle of vodka out of his luggage, pours some into a glass, drinks it, and firmly states: “In Russia, we have best wodka in the vorld, nowhere in the vorld you can find wodka as good as one we make in mother Russian. And, we have much of it, so much we can just throw it away like vater.” That said, the Russian opens the train's window and hurls the vodka out of the train. The others in the compartment are quite impressed. Then the Cuban removes a box of Havana cigars from his luggage, takes one, lights it, and begins to smoke. “In Kooba, we have de best cigars of de world, habanas, nowhere in de world are dere such many and good cigars, and we have much of dem also, such many dat we can just trow dem away.” Making that bold statement, the Cuban sends the box of Havanas the way of the vodka. Once again, the compartment's occupants are quite impressed. Then, not to be outdone, the American abruptly stands up, opens the window wide, and throws out the lawyer.
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A Russian, a Cuban, an American, and a layer are seated in the same compartment on a train. The Russian takes a bottle of vodka out of his luggage, pours some into a glass, drinks it, and firmly states: “In Russia, we have best wodka in... more
A Russian, a Cuban, an American, and a layer are seated in the same compartment on a train. The Russian takes a bottle of vodka out of his luggage, pours some into a glass, drinks it, and firmly states: “In Russia, we have best wodka in the vorld, nowhere in the vorld you can find wodka as good as one we make in mother Russian. And, we have much of it, so much we can just throw it away like vater.” That said, the Russian opens the train's window and hurls the vodka out of the train. The others in the compartment are quite impressed. Then the Cuban removes a box of Havana cigars from his luggage, takes one, lights it, and begins to smoke. “In Kooba, we have de best cigars of de world, habanas, nowhere in de world are dere such many and good cigars, and we have much of dem also, such many dat we can just trow dem away.” Making that bold statement, the Cuban sends the box of Havanas the way of the vodka. Once again, the compartment's occupants are quite impressed. Then, not to be outdone, the American abruptly stands up, opens the window wide, and throws out the lawyer.
Page 1. George Mason University SCHOOL of LAW Can Tort Reform and Federalism Coexist? Michael I. Krauss and Robert A. Levy 04-14 LAW AND ECONOMICS WORKING PAPER SERIES This paper can be downloaded ...
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Page 1. 782 3800 PROPERTY RULES VS. LIABILITY RULES Michael I. Krauss Professor of Law George Mason University School of Law © Copyright 1999 Michael I. Krauss Abstract All of private law can be seen as rules for ...