"An intellectual triumph. Carl Bogus not only debunks the political mythologies of & tort reform but rises eloquently to the defense of centuries of American common law. The unsung citizen jury has found a lucid champion in Professor Bogus, who tells a gripping story about the history of civil justice in our nation. This is a stirring and visionary work."
"A sorely needed corrective to the ceaselessly negative, factually distorted tirades aimed at the torts system by those seeking to prevent victims from shifting the costs of accidents to responsible wrongdoers."
"A classic demonstration of why democracy and citizen participation are crucial to fair, effective, accountable governance. This book is essential reading for every citizen."
"With gripping tales and careful analysis, Carl Bogus demonstrates that some of the greatest public safety innovations in the last century, such as dramatic improvements in automobile safety, were spawned not through legislation or regulation, but through private lawsuits demanding corporate accountability. More effectively and engagingly than anything I have read in some time, Why Lawsuits Are Good for America challenges what we thought we knew about tort law and makes clear why we should care."
A classic demonstration of why democracy and citizen participation are crucial to fair, effective, accountable governance. This book is essential reading for every citizen.”
-Scott Harshbarger,President of Common Cause
“A sorely needed corrective to the ceaselessly negative, factually distorted tirades aimed at the torts system by those seeking to prevent victims from shifting the costs of accidents to responsible wrongdoers.”
-Joseph A. Page,Georgetown University Law Center
“Why Lawsuits are Good for America is lively, provocative, and well researched. Professor Bogus does an excellent job of debunking lawsuit "horror stories" that have been promoted by some academics and all too many politicians. This ambitious book makes a persuasive argument that juries are not out of control, but rather play an important role in American government. Anyone who has heard of the McDonald’s hot coffee case should read this book.”
-Ross Cheit,Brown University
“With gripping tales and careful analysis, Carl Bogus demonstrates that some of the greatest public safety innovations in the last century, such as dramatic improvements in automobile safety, were spawned not through legislation or regulation, but through private lawsuits demanding corporate accountability. More effectively and engagingly than anything I have read in some time, Why Lawsuits Are Good for America challenges what we thought we knew about tort law and makes clear why we should care.”
-Jon D. Hanson,Harvard Law School
“An intellectual triumph. Carl Bogus not only debunks the political mythologies of ‘tort reform’ but rises eloquently to the defense of centuries of American common law. The unsung citizen jury has found a lucid champion in Professor Bogus, who tells a gripping story about the history of civil justice in our nation. This is a stirring and visionary work.”
-Jamin B. Raskin,American University
Bogus deftly weaves a history of U.S. legal structures....with an analysis of current policy debates over the future of these institutions....A sophisticated study that makes an important contribution to the discussions of the civil justice system.
A sophisticated study that makes an important contribution to
discussions of the civil justice system
The author of numerous articles on such topics as product liability and gun issues, Bogus (Roger Williams Univ. Sch. of Law) argues that "lawsuits are good for America because the common law," fashioned by courts and juries, "serves an essential regulatory function." Awards in lawsuits (and he focuses largely on product liability suits) are a form of deterrence that serve not primarily to compensate victims but to make officials and organizations change behavior. Chapters cover misrepresentations of lawsuit awards and settlements by media and politicians, the history of lawsuits and common law, the role of the judicial branch of government, auto safety and product liability lawsuits, and more. Particularly interesting are Bogus's discussions of media, politics, and tort reform, how the judiciary moderates jury decisions, and the development of product liability law. Of the many books on torts and product liability, only this one presents a general argument for the tort system's benefiting U.S. democracy. This is fairly challenging reading but very fruitful for scholars, students, and other informed patrons with an interest in public policy. Mary Jane Brustman, SUNY at Albany Libs. Copyright 2001 Cahners Business Information.
Bogus (Roger Williams School of Law) defends the lawsuit and the common law generally from conventional assumptions as to their silliness, irrationality, and unfairness. Drawing from historical research, theory, empirical data, and case studies, he argues that the lawsuit fills a crucial role and that the court system functions rationally overall. He advocates for the use of lawsuits as an important partner to government regulation. Annotation c. Book News, Inc., Portland, OR (booknews.com)
Bogus (The Second Amendment in Law and History), associate professor
at Roger Williams University School of Law, debunks the horror
stories about irrational punitive-damage awards, finding that in
nearly all instances the defendant's conduct bordered on dispicable
and that, in any event, trial or appellate judges often reduced the
verdicts to a small fraction of the stupendous amounts originally
awarded. Bogus contends that the judicial system, though imperfect,
is not fundamentally broken and serves an important regulatory
purpose...This book, although a work of advocacy, maintains a
fair-minded and dispassionate tone and refrain from distracting
hyperbole. Bogus's convincing, sustained argument will make a useful
contribtion to an important national debate.
