By Joel Levin
ISBN-10: 0521897033
ISBN-13: 9780521897037
Tort Wars brings jointly the various and typically insufficiently similar strands of tort legislation and treats the ethical, fiscal, and systemic difficulties operating via these strands with a unmarried research and concept. In that tort legislation employs conception in any respect, it's as a rule thought measured opposed to notions of corrective justice or appeals to application. either have critical prescriptive regulations and constrained explanatory strength and sometimes stray from any beneficial description of tort instances within the courts. Tort Wars appears to be like on the nature of dispute solution concepts, criticizes the blasé justice and extra esoteric application conception, and examines the issues of either the felony academy and the veracity vacuum within the court. extra, it explores the conceptual ameliorations among tort and agreement, finding agreement as a subset of tort. It makes use of examples drawn from the perimeters of tort legislations in an try to degree crucial circumstances via the marginal ones and to supply a barometer of rising felony and social swap, accomplished via implementing an individualized peace.
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Additional info for Tort Wars
Example text
Unlike the common law, with its potential ability to recalibrate and synthesize competing doctrines to stop double counting, overkill, and basically civil overindictment, the statutory schemes roll on. Our hero, having now violated a number of federal (and almost certainly parallel state) statutes, enters the politically charged world of malpractice. Typically the controversy centers on medical malpractice – doctors, nurses, hospitals, nursing homes, labs – but it is hardly confined to that. However, our hero, being the subject of two distinct types of malpractice, the accountant who schedules gain as income paying more than double in taxes and the physician who misreads the symptoms and orders a risky procedure, is something of a rarity.
There he learns that the insider, improper information he obtained was misleading. The number of securities issues touched upon by insider information, with the concomitant alphabet rules, agencies, and monickers – Blue Sky, NASD, SEC, NYSE, SLUSA, PSLRA, TIA, PUHCA, 1933 Act, 1934 Act, 10b-5, u-4, u-5, s-7, CRD, RE3 – and their various connections keep a not-so-small legal industry going. Regardless of that, it spells trouble, potentially, for our hero. Again, why should it? We can imagine markets lightly or virtually unregulated – the Vancouver exchange comes to mind – that, assuming enough Latin is known to understand caveat emptor, misleads no one when insider trading and price manipulation occur.
Rather, his next-of-kin, those supposedly closest to him, are the only individuals who can bring this tort claim. They can claim the loss of consortium – sex, service, and society – or put otherwise, lost income and emotional distress. Why this odd tort? Certainly, not because his family members are necessarily those who are most hurt. Aside from the fact that our hero himself, in some weirdly counterfactual way, ought to be the most upset,37 but is hardly in position to bring the claim, are we sure that his family are the most upset to see him go?
Tort Wars by Joel Levin
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