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9780807044278

Un-Making Law

by
  • ISBN13:

    9780807044278

  • ISBN10:

    080704427X

  • Edition: Reprint
  • Format: Trade Paper
  • Copyright: 2005-10-12
  • Publisher: Beacon Press

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Summary

Conservatives are engaged in a campaign to turn back the clock on the common law-the law of contract, property, and personal injury-to increase the rights of big business. Some significant inroads have already protected gun manufacturers from lawsuits and hampered the government_s protection of the environment, for example; more rollbacks are on the horizon. Insurance companies and HMOs are anticipating a huge bonus if the rights of patients are severely curtailed by Congress.

Author Biography

Jay M. Feinman is Distinguished Professor of Law at Rutgers University School of Law, Camden

Table of Contents

Introduction 1(6)
1. The Resurrection of Classical Common Law 7(12)
2. Injuries, Victims, and the Attack on Tort Law 19(30)
3. A Realistic View of Tort Law 49(29)
4. Consumers, Workers, and the Tyranny of Freedom of Contract 78(33)
5. Freedom of Contract and Fair Contract 111(17)
6. Property Rights and the Right's Property 128(31)
7. Takings and Transcendental Nonsense 159(13)
8. The Movement to Un-Make the Law 172(18)
Conclusion 190(12)
Updates 202(1)
Notes 203(21)
Acknowledgments 224(2)
Index 226

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