Dust-Up
Dust-Up

Author: Jeb Barnes

Publisher: Georgetown University Press

Published: 2011-07-08

Total Pages: 150

ISBN-13: 1589017862

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In an era of polarization, narrow party majorities, and increasing use of supermajority requirements in the Senate, policy entrepreneurs must find ways to reach across the aisle and build bipartisan coalitions in Congress. One such coalition-building strategy is the “politics of efficiency,” or reform that is aimed at eliminating waste from existing policies and programs. After all, reducing inefficiency promises to reduce costs without cutting benefits, which should appeal to members of both political parties, especially given tight budgetary constraints in Washington. Dust-Up explores the most recent congressional efforts to reform asbestos litigation—a case in which the politics of efficiency played a central role and seemed likely to prevail. Yet, these efforts failed to produce a winning coalition, even though reform could have saved billions of dollars and provided quicker compensation to victims of asbestos-related diseases. Why? The answers, as Jeb Barnes deftly illustrates, defy conventional wisdom and force us to rethink the political effects of litigation and the dynamics of institutional change in our fragmented policymaking system. Set squarely at the intersection of law, politics, and public policy, Dust-Up provides the first in-depth analysis of the political obstacles to Congress in replacing a form of litigation that nearly everyone—Supreme Court justices, members of Congress, presidents, and experts—agrees is woefully inefficient and unfair to both victims and businesses. This concise and accessible case study includes a glossary of terms and study questions, making it a perfect fit for courses in law and public policy, congressional politics, and public health.

A Town Called Asbestos
A Town Called Asbestos

Author: Jessica van Horssen

Publisher: UBC Press

Published: 2016-01-15

Total Pages: 257

ISBN-13: 0774828447

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For decades, manufacturers from around the world relied on asbestos to produce a multitude of fire-retardant products. As use of the mineral became more widespread, medical professionals discovered it had harmful effects on human health. Mining and manufacturing companies downplayed the risks to workers and the general public, but eventually, as the devastating nature of asbestos-related deaths became common knowledge, the industry suffered terminal decline. A Town Called Asbestos looks at how the people of Asbestos, Quebec, worked and lived alongside the largest chrysotile asbestos mine in the world. Dependent on this deadly industry for their community’s survival, they developed a unique, place-based understanding of their local environment; the risks they faced living next to the giant opencast mine; and their place within the global resource trade. This book unearths the local-global tensions that defined Asbestos’s proud history and reveals the challenges similar resource communities have faced – and continue to face today.

Mass Torts in a World of Settlement
Mass Torts in a World of Settlement

Author: Richard A. Nagareda

Publisher: University of Chicago Press

Published: 2008-09-15

Total Pages: 348

ISBN-13: 0226567621

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The traditional definition of torts involves bizarre, idiosyncratic events where a single plaintiff with a physical impairment sues the specific defendant he believes to have wrongfully caused that malady. Yet public attention has focused increasingly on mass personal-injury lawsuits over asbestos, cigarettes, guns, the diet drug fen-phen, breast implants, and, most recently, Vioxx. Richard A. Nagareda’s Mass Torts in a World of Settlement is the first attempt to analyze the lawyer’s role in this world of high-stakes, multibillion-dollar litigation. These mass settlements, Nagareda argues, have transformed the legal system so acutely that rival teams of lawyers operate as sophisticated governing powers rather than litigators. His controversial solution is the replacement of the existing tort system with a private administrative framework to address both current and future claims. This book is a must-read for concerned citizens, policymakers, lawyers, investors, and executives grappling with the changing face of mass torts.

Punitive Damages
Punitive Damages

Author: Cass R. Sunstein

Publisher: University of Chicago Press

Published: 2008-12-19

Total Pages: 299

ISBN-13: 0226780163

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Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette manufacturers. Or consider two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights, and the environment, multimillion-dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors-experts in psychology, economics, and the law-present the results of controlled experiments with more than 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. Although juries tended to agree in their moral judgments about the defendant's conduct, they rendered erratic and unpredictable dollar awards. The experiments also showed that instead of moderating juror verdicts, the process of jury deliberation produced a striking "severity shift" toward ever-higher awards. Jurors also tended to ignore instructions from the judges; were influenced by whatever amount the plaintiff happened to request; showed "hindsight bias," believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. Using a wealth of new experimental data, and offering a host of provocative findings, this book documents a wide range of systematic biases in jury behavior. It will be indispensable for anyone interested not only in punitive damages, but also jury behavior, psychology, and how people think about punishment.

Asbestos
Asbestos

Author: Barry I. Castleman

Publisher: Wolters Kluwer

Published: 2005-01-01

Total Pages: 918

ISBN-13: 0735552606

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Written by one of the leading asbestos experts for attorneys, occupational and environmental health professionals, and others in the field of toxic substances control, this updated resource provides a comprehensive examination of the public health history of asbestos. Includes extensive discussion of corporate knowledge and responsibility for asbestos hazards and detailed discussion of alternatives to asbestos.