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Judge and Jury: American Tort Law on Trial
 
 
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Judge and Jury: American Tort Law on Trial [Paperback]

Eric Helland (Author), Alexander Tabarrok (Author)
4.0 out of 5 stars  See all reviews (2 customer reviews)

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Book Description

February 1, 2006
Is the U.S. tort system in crisis? CBS television's 60 Minutes has said the tort system metes out "jackpot justice," and Newsweek has called America a "Lawsuit Hell." Other observers of the legal system, however, argue that the tort crisis is a myth. Although both sides of the debate rely primarily on anecdote and the selective use of evidence, a sound diagnosis of the tort system requires a rigorous analysis of hard data, not a retelling of sensationalistic sound bites.

In Judge and Jury: American Tort Law on Trial, economists Eric Helland and Alexander Tabarrok present their study of tens of thousands of tort cases from across the United States. The result is the most complete picture of the U.S. system of civil justice to date. Examining three of the key players of the tort system (juries, judges, and lawyers), Helland and Tabarrok conclude that the tort system is badly broken in some respects but functions surprisingly well in others.

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Editorial Reviews

Review

"Helland and Tabarrok provide a superb and pioneering examination of the litigation nightmare in the United States."  —Paul H. Rubin, professor of economics and law, Emory University


"Clear, forcefully argued and highly accessible."  —Walter K. Olson, senior fellow, Manhattan Institute


"[Discusses] how the legal system has been perverted to enrich some litigators at the expense of everyone in our society."  —Roger E. Meiners, professor of economics and law, University of Texas–Arlington


"Required reading for anyone who wishes to debate the need for federal civil justice reform."  —Theodore Frank, resident fellow and director, Liability Project, American Enterprise Institute

About the Author

Eric Helland is professor of economics at Claremont McKenna College and former Senior Economist on the President’s Council of Economic Advisors. He received his PhD in economics from Washington University. His articles have appeared in the American Law and Economics Review, Contemporary Economic PolicyThe Journal of Law and Economics, and Journal of Legal Studies. Alexander Tabarrok is research director for The Independent Institute, assistant editor of The Independent Review, and associate professor of economics at George Mason University. Dr. Tabarrok’s books include Entrepreneurial Economics, Changing the Guard, and The Voluntary City; he is also the coauthor of www.FDAReview.org.

Product Details

  • Paperback: 150 pages
  • Publisher: Independent Institute; annotated edition edition (February 1, 2006)
  • Language: English
  • ISBN-10: 0945999992
  • ISBN-13: 978-0945999997
  • Product Dimensions: 8.9 x 6 x 0.6 inches
  • Shipping Weight: 8 ounces (View shipping rates and policies)
  • Average Customer Review: 4.0 out of 5 stars  See all reviews (2 customer reviews)
  • Amazon Best Sellers Rank: #1,063,306 in Books (See Top 100 in Books)

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6 of 6 people found the following review helpful:
5.0 out of 5 stars A careful discussion of options for reform rounds out this wake-up call to legal inequities and their consequences., December 9, 2006
This review is from: Judge and Jury: American Tort Law on Trial (Paperback)
Written by senior economist Eric Helland and associate professor of economics Alexander Tabarrok, Judge and Jury: American Tort Law on Trial is a hard look at the overwhelming instances of inequality, corruption, and inefficiency plaguing American tort law. Drawing upon data from thousands of American tort cases, Judge and Jury explains in plain terms how the legal system really works, warning the reader that the driving factors behind huge awards are rarely law or economics, but rather jury composition and judicial elections. The authors' meticulous empirical research offers surprising findings, from the revelation that high contingent attorney fees actually reduce frivolous litigation, to an observation of extreme disparity in the size of tort awards in different regions of America. A careful discussion of options for reform rounds out this wake-up call to legal inequities and their consequences.
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2 of 2 people found the following review helpful:
3.0 out of 5 stars assumes a lot of knowledge, but interesting conclusions, July 7, 2010
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This book is not written for the general reader, even one with good background knowledge of the issues. Even so, there are some comprehensible take-away points that are surprising, such as the virtue of contingency-based payment to lawyers.
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Inside This Book (learn more)
First Sentence:
Recently, each of us has successfully sued more than half a dozen large corporations. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
state court data, log awards, nonpartisan states, jury demographics, tort awards, superstar lawyers, county poverty rates, state fixed effects, auto cases, judicial characteristics, black poverty rate, tort costs, white poverty rates, trial awards, average jury award, mean award, contingent fees, tort system, larger awards, awards increase, collateral sources rule, injury variables, retention elections, expected award, judge sample
Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Bad Faith, Evidence Standard, Punitive Cap, Jefferson County, New York, Non-Economic Cap, Annual Statistical Report, Mean Tort Awards, Social Security Administration, Source Book of Health Insurance Data, Tom Wolfe
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