Judge and Jury American Tort Law on Trial

by Helland, Eric; Tabarrok, Alexander

• ISBN13: 9780945999997
• ISBN10: 0945999992
• Format: Paperback
• Copyright: 2006-02-01
• Publisher: Independent Institute

Summary

Is the U.S. tort system in crisis? CBS television's60 Minuteshas said the tort system metes out "jackpot justice," andNewsweekhas 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. InJudge 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.

Author Biography

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 Ph.D. in economics from Washington University. His articles have appeared in the Journal of Legal Studies, American Law and Economics Review, Contemporary Economic Policy, and Journal of Law and Economics.

Table of Contents

1 Introduction	1	(22)
2 Race, Poverty, and American Tort Awards	23	(26)
3 Runaway Judges? Selection Effects and the Jury	49	(18)
4 The Effect of Judicial Elections on Tort Awards	67	(28)
5 Two Cheers for Contingent Fees	95	(30)
6 Conclusions and Options for Reform	125	(10)
Notes	135	(12)
References	147	(10)
Index	157	(14)
About the Authors	171