Law in Contemporary Society

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FromTheStreets 3 - 20 Apr 2008 - Main.JuliaS
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Just a couple of thoughts about last weeks reading...
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 Maybe I'm wrong, but each time the U.S. government responds as it did in 9/11, isn't that an unofficial New Zealand-like compromise? If the pendulum keeps moving in this direction, maybe we'll gradually inch our way toward an eclipse of the tort system, but it's going to take a lot more tragedies to build general tolerance for this approach. How ironic.

-- BarbPitman - 20 Apr 2008

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I'm not sure the 9/11 Victims Compensation Fund was created merely to save grieving families from the stress of litigation. Quite the opposite, I think it was to save the government and the airline industry from crushing liability. Don't get me wrong, I do think there are good economic reasons for reforming the tort system. I also agree that it is sad for grieving families to have to litigate wrongful death suits, but I don't think its the strongest argument for tort reform.

Also, unlike the 9/11 compensation fund, the Hokie Spirit Memorial Fund (for victims of the VT incident) was not government funded, and victims' families could take the money without agreeing not to sue. As far as I know, the 9/11 Victims' Compensation Fund is a unique example. I certainly don't think the pendulum is moving in that direction, as Barb suggests.

-- JuliaS - 20 Apr 2008

 
 
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Revision 3r3 - 20 Apr 2008 - 05:11:39 - JuliaS
Revision 2r2 - 20 Apr 2008 - 04:09:47 - BarbPitman
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