Academic

Schuck on Tort Reform in New Zealand

By Lawrence Solum

Peter H. Schuck (Yale) has posted Tort Reform, Kiwi-Style (Yale Law & Policy Review, Vol. 27, No. 1) on SSRN.  Here is the abstract:

American legal scholars and social scientists have long been intrigued by New Zealand's accident compensation system, which essentially abolished common law tort almost 40 years ago. This paper, prepared for a conference sponsored by the Brookings Institution and Common Good, provides an up-to-date account of the New Zealand system, with a focus on its treatment of two types of claims - for medical injuries and emotional distress - that raise particularly vexing boundary problems for the system. It then discusses a number of lessons that U.S. policymakers and scholars can draw from the New Zealand experience.

Full post as published by Legal Theory Blog on July 30, 2008 (boomark / email).