Understanding Enterprise Liability: Rethinking Tort Reform for the Twenty-First Century

Abstract

Acknowledgments Part I: Enterprise Liability: An Introduction 1. Contemporary Reform and Enterprise Liability 2. Traditional Theory and Enterprise Liability: An Overview Part 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 Part III: The Common 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 16. Common Successes and Proposed Extensions Part IV: Enterprise Liability in Theory: 1960-1993 17. The Success and Fragmentation of the Theory of Enterprise Liability 18. The Emergence of (Calabresi's) Economic Analysis as an Ally of Enterprise Liability 19. The Antagonism Between Calabresi's Economic Analysis and Enterprise Liability 20. The Ascendancy of Economic Analysis and Its Opposition to the Enterprise Liability Agenda 21. Contemporary Theory and the Reinvention of Enterprise Liability Part V: The Contemporary Agenda of Enterprise Liability 22. The Legislative Agenda 23. The Need for Alternatives to Legislation 24. A Common Proposal Notes Index