04430nam a2200409Ia 4500001000700000003000600007005001700013008004100030010001400071020001500085020001800100035003800118040001000156050002300166072001500189082002700204100003000231245012600261260004900387300002500436336000800461337001600469338001900485504006700504505098100571520081401552520073302366520068003099650004803779650001703827650002203844650003203866650003803898650003303936651002503969700002603994330163OCoLC20160527192948.0940111s1995    pau      b    001 0 eng    a94002881   a1566392306  a9781566392303  a(OCoLC)29877830z(OCoLC)717166718  aPUCPR00aKF 1300b.N65 1995 7as1dr2rero00a346.7303a347.30632201 aNolan, Virginia E.2Local10aUnderstanding enterprise liabilitybrethinking tort reform for the Twenty-first CenturycVirginia E. Nolan, Edmund Ursin.  aPhiladelphiabTemple University Pressc1995.  aix, 254 pagesc22 cm  btxt  bn2rdamedia  bnc2rdacarrier  aIncludes bibliographical references (pages 179-241) and index.0 apt. I. Enterprise Liability: An Introduction. 1. Contemporary Tort Reform and Enterprise Liability. 2. Traditional Tort Theory and Enterprise Liability: An Overview -- pt. II. The Compensation Plan Strategy. 3. Workers' Compensation Plans and Enterprise Liability. 4. Leon Green: Explication and Application. 5. The Columbia Plan and Dashed Hopes. 6. Renewed Focus on Compensation Plans in the 1950s. 7. The Keeton-O'Connell Plan, Legislative Successes, and Proposed Extensions of No-Fault. 8. Dashed Hopes (Again) and the Need for Alternatives -- pt. III. The Common Law Strategy. 9. Leon Green and the "Tort" Version. 10. Karl Llewellyn and the "Sales Law" Version: Strict Products Liability Proposed. 11. Perspectives on Courts and Legislatures: The 1930s. 12. Increased Focus on the Common Law: The 1940s. 13. The Possibility of a Judicially Created Strict Enterprise Liability. 14. Strict Products Liability: Recognition and Adoption. 15. The Damages Agenda of the 1950s.  aIn recent years critics have assailed the cost, inefficiency, and unfairness of American tort law, including products liability and medical malpractice. Yet victims of accidental injury who look to the tort system for deserved compensation often find it a formidable obstacle. Those who seek to reform tort law find legislatures, including the United States Congress, paralyzed by the clash of powerful special interest groups. Understanding Enterprise Liability sheds new light on the tort reform debate by challenging its fundamental assumptions. Offering historical insight and fresh perspectives on the politics and possibilities for sensible reform, Virginia Nolan and Edmund Ursin pragmatically assess alternative routes to a workable, balanced, and equitable system of compensation for personal injury.8 aTort reformers commonly equate "enterprise liability" with strict products liability and other expansive tort developments of recent decades. Damages reform and no-fault alternatives are, in turn, seen as a repudiation of a failed theory of enterprise liability. In contrast, the authors demonstrate that both strict product liability and no-fault compensation plans are a product of the enterprise liability theory first articulated early in this century by Leon Green and Karl Llewellyn. As the theory of enterprise liability matured, damages reform became an integral part of the enterprise liability agenda, establishing that both no-fault and damages reform are an aspect, not a repudiation, of enterprise liability theory.8 aNolan and Ursin examine proposals to displace tort law by no-fault schemes, including the medical no-fault proposal of the American Law Institute's Reporters' Study on Enterprise Responsibility for Personal Injury. Noting that even automobile no-fault plans have been blocked by special interests and legislative stalemate, the authors suggest that we rethink the common assumption that courts have no role to play in tort reform. Their own specific proposal, based on the precedent of strict products liability, incorporates the insights of no-fault compensation plan scholarship to create an enterprise liability doctrine that should appeal to courts and to tort reformers. 0aEnterprise liabilityzUnited States.2Local 7aTorts2Local 7aLaw reform2Local 7aEnterprise liability2Local 0aLaw reformzUnited States.2Local 0aTortszUnited States.2Local 7aUnited States2Local1 aUrsin, Edmund.2Local