"Bogus uses product liability cases --common law cases-- to show
how lawsuits, or even the threat of lawsuits, have made businesses
change the way they operate, to the benefit of society."
--"Journal of the West"
"Compelling . . . Bogus presents a persuasive corrective to the
distorted and factually incorrect arguments of those who seek to
prevent victims from shifting the cost of accidents and injuries to
responsible wrongdoers. If any book was needed to contribute to
that side of the national debate, this is the one."
--"Bar Reporter"
"A sophisticated study that makes an important contribution to
discussions of the civil justice system"
--"Trial"
"Debunks the horror stories about irrational punitive-damage
awards . . . Bogus's convincing, sustained argument will make a
useful contribution to an important national debate."
--"Publishers Weekly"
"Compelling arguments. . . . This book provides an important
perspective on a timely issue, and its engaging style makes it
suitable for a broad audience."
--"Harvard Law Review"
Judging by the frequency with which it makes an appearance in
television news shows and late night stand up routines, the
frivolous lawsuit has become part and parcel of our national
culture. A woman sues McDonald's because she was scalded when she
spilled her coffee. Thousands file lawsuits claiming they were
injured by Agent Orange, silicone breast implants, or Bendectin
although scientists report these substances do not cause the
diseases in question. The United States, conventional wisdom has
it, is a hyperlitigious society, propelled by avaricious lawyers,
harebrained judges, and runaway juries. Lawsuits waste money and
time and, moreover, many are simply groundless.
Carl T. Bogus is not so sure. In Why Lawsuits Are Good for
America, Bogus argues that common law works far better than
commonly understood. Indeed, Bogus contends that while the system
can and occasionally does produce "wrong" results, it is very
difficult for it to make flatly irrational decisions. Blending
history, theory, empirical data, and colorful case studies, Bogus
explains why the common law, rather than being outdated, may be
more necessary than ever.
As Bogus sees it, the common law is an essential adjunct to
governmental regulation--essential, in part, because it is not as
easily manipulated by big business. Meanwhile, big business has
launched an all out war on the common law. "Tort reform"--measures
designed to make more difficult for individuals to sue
corporations--one of the ten proposals in the Republican Contract
With America, and George W. Bush's first major initiative as
Governor of Texas. And much of what we have come to believe about
the system comes from a coordinated propaganda effort by big
business and its allies.
Bogus makes a compelling case for the necessity of safeguarding
the system from current assaults. Why Lawsuits Are Good for America
provides broad historical overviews of the development of American
common law, torts, products liability, as well as fresh and
provocative arguments about the role of the system of "disciplined
democracy" in the twenty-first century.
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