Judge and Jury: American Tort Law on Trial by Independent Institute Title: Judge and Jury: American Tort Law on Trial

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Manufacturer: Independent Institute
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Judge and Jury: American Tort Law on Trial by Independent Institute

A careful discussion of options for reform rounds out this wake-up call to legal inequities and their consequences.

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.
Judge and Jury: American Tort Law on Trial by Independent Institute

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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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