000			04599nam a2200433Ia 4500
001			330163
003			OCoLC
005			20160527192948.0
008			940111s1995 pau b 001 0 eng
010			_a94002881
020			_a1566392306
020			_a9781566392303
035			_a(OCoLC)29877830 _z(OCoLC)717166718
040			_aPUCPR
049			_acicg
050	0	0	_aKF 1300 _b.N65 1995
072		7	_as1dr _2rero
082	0	0	_a346.7303 _a347.3063 _220
100	1		_aNolan, Virginia E. _9258791 _2Local
245	1	0	_aUnderstanding enterprise liability _brethinking tort reform for the Twenty-first Century _cVirginia E. Nolan, Edmund Ursin.
260			_aPhiladelphia _bTemple University Press _c1995.
300			_aix, 254 pages _c22 cm
336			_btxt
337			_bn _2rdamedia
338			_bnc _2rdacarrier
504			_aIncludes bibliographical references (pages 179-241) and index.
505	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.
520			_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.
520	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.
520	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.
650		0	_aEnterprise liability _zUnited States. _9220847 _2Local
650		7	_aTorts _9180774 _2Local
650		7	_aLaw reform _9123774 _2Local
650		7	_aEnterprise liability _9220848 _2Local
650		0	_aLaw reform _zUnited States. _9123774 _2Local
650		0	_aTorts _zUnited States. _9180774 _2Local
651		7	_aUnited States _9182913 _2Local
700	1		_aUrsin, Edmund. _9286745 _2Local
999			_c246923 _d246923