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Judge and Jury: American Tort Law on Trial Paperback – February 1, 2006

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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: 6 x 0.4 x 9 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: #849,620 in Books (See Top 100 in Books)

Editorial Reviews


"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.

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Format: 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 3 people found the following review helpful By Sandra M. Brown on July 7, 2010
Format: Paperback Verified Purchase
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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