Tort Reform and Its Critics (P. Hanl*n)

This 2-credit seminar examines the theory and practice of 30 years of tort reform. Since the late 1970s, there has emerged a conservative theory of the tort system, based on the proposition that there is a litigation explosion in the United States, driven by greedy and unscrupulous trial lawyers, which threatens the competitiveness of American business at home and abroad. On the basis of that theory, conservative tort reformers have succeeded in obtaining changes in the law in many states that restrict the right of injured people to recover from those who injure them. This course will consider the debate between tort reformers and critics of the tort reform “myth,” the emergence of political and public relations components to defense-oriented litigation strategies, the complex connections between tort reform ideas and what actually happens in the courts, and what all of this has meant for the operation of the tort system and the quality of civil justice. Students will have the opportunity to lead classes based on their research papers and to discuss one another’s research. This course may be used to satisfy the writing requirement.

Exam Notes: P