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.


Asbestos Bankruptcy Trusts

Asbestos Bankruptcy Trusts

Author: Lloyd S. Dixon

Publisher: RAND Corporation

Published: 2010

Total Pages: 220

ISBN-13:

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This report describes the creation, organization, and operation of asbestos personal-injury trusts and compiles publicly available information on the assets, outlays, and governing boards of the 26 largest trusts. The authors find that the publicly available information provides a rich source of information on trust activity but that more detailed information is needed to determine their impact on important compensation outcomes.


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.


100 Questions & Answers about Mesothelioma

100 Questions & Answers about Mesothelioma

Author: Harvey I. Pass

Publisher: Jones & Bartlett Learning

Published: 2005

Total Pages: 164

ISBN-13: 9780763748395

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Whether you're a newly diagnosed Mesothelioma patient, a survivor,or a friend or relative of either, this book offers help. The only book to provide the doctor's and patient's views, 100 Questions & Answers About Mesothelioma gives you authoritative, practical answers to your questions about treatment options, post-treatment quality of life, sources of support, legal options, and much more. This outstanding team of authors -- led by a world-class lung disease expert -- provides an invaluable resource for anyone coping with the physical and emotional turmoil of this frightening disease.


The Lawyer's Guide to Lead Paint, Asbestos, and Chinese Drywall

The Lawyer's Guide to Lead Paint, Asbestos, and Chinese Drywall

Author: Alan Kaminsky

Publisher: American Bar Association

Published: 2010

Total Pages: 228

ISBN-13: 9781604429183

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Learn about the current issues affecting lead paint, asbestos, and Chinese drywall litigation cases with this book. Written from both the plaintiff and defense perspective, the guide offers advice on defending a case and a state-by-state summary for comparison and the future of each of these unique litigation issues. It also includes strategies for the defense when trying a case and identifies issues that often arise or should be considered when prosecuting.


Asbestos

Asbestos

Author: Institute of Medicine

Publisher: National Academies Press

Published: 2006-09-23

Total Pages: 341

ISBN-13: 0309101697

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In conjunction with drafting comprehensive legislation concerning compensation for health effects related to asbestos exposure (the Fairness in Asbestos Injury Act), the Senate Committee on the Judiciary directed the Institute of Medicine to assemble the Committee on Asbestos: Selected Health Effects. This committee was charged with addressing whether asbestos exposure is causally related to adverse health consequences in addition to asbestosis, mesothelioma, and lung cancer. Asbestos: Selected Cancers presents the committee's comprehensive distillation of the peer-reviewed scientific and medical literature regarding association between asbestos and colorectal, laryngeal, esophageal, pharyngeal, and stomach cancers.


United States Code

United States Code

Author: United States

Publisher:

Published: 2013

Total Pages: 1146

ISBN-13:

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"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.


Libby, Montana

Libby, Montana

Author: Andrea Peacock

Publisher: Big Earth Publishing

Published: 2003

Total Pages: 260

ISBN-13: 9781555663193

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A sequel to Civil Action-W.R. Grace company, owners of a vermiculite mine in that small Montana town, never told the miners what it knew: there was asbestos in the vermiculite, and the asbestos was destroying the miners lungs.