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The American Illness
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The American Illness: Essays on the Rule of Law

F. H. Buckley

Abstract

This book brings together twenty-plus contributors from the fields of law, economics, and international relations to look at whether the U.S. legal system is contributing to the country's long postwar decline. The book provides a comprehensive overview of the interactions between economics and the law in such areas as corruption, business regulation, and federalism. It explains how the U.S. legal system works differently to those in most countries, with contradictory and hard-to-understand business regulations, tort laws that vary from state to state, and surprising judicial interpretations of ... More

Keywords: U.S. legal system, economics, law, corruption, business regulation, federalism, tort laws, litigation costs, economic growth, contracts

Bibliographic Information

Print publication date: 2013 Print ISBN-13: 9780300175219
Published to Yale Scholarship Online: October 2013 DOI:10.12987/yale/9780300175219.001.0001

Authors

Affiliations are at time of print publication.

F. H. Buckley, editor

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Contents

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Front Matter

Title Pages

Dedication

Acknowledgments

Part 1: Introduction

The Rule of Law in America

F.H. Buckley

Part 2: Relative Decline

An Exceptional Nation?

F.H. Buckley

Part 3: Empirical Evidence

Are Americans More Litigious?

J. Mark Ramseyer AND Eric B. Rasmusen

Lawyers as Spam

Stephen P. Magee

Regulation and Litigation

Eric Helland AND Jonathan Klick

Does Product Liability Law Make Us Safer?

W. Kip Viscusi

Part 4: Civil Procedure

The American Illness and Comparative Civil Procedure

Daniel Jutras

The Proportionality Principle and the Amount In Controversy

Peter B. Rutledge

The Allocation of Discovery Costs and the Foundations of Modern Procedure

Martin H. Redish

Does Increased Litigation Increase Justice in a Second-Best World?

Jeremy Kidd AND Todd J. Zywicki

Part 5: Tort Law

A Tamer Tort Law

Michael Trebilcock AND Paul-Erik Veel

The Expansion of Modern U.S. Tort Law and Its Excesses

George L. Priest

Regulation, Taxation, and Litigation

W. Kip Viscusi

Part 6: Contract Law

An English Lawyer Looks at American Contract Law

Michael Bridge

Text versus Context

Robert E. Scott

Exit and the American Illness

Erin O'hara O'connor AND Larry E. Ribstein

The Dramatic Rise of Consumer Protection Law

Joshua D. Wright AND Eric Helland

Part 7: Corporate and Securities Law

How American Corporate and Securities Law Drives Business Offshore

Stephen M. Bainbridce

Part 8: Criminal Law

Corporate Crime, Overcriminalization, and the Failure of American Public Morality

Jeffrey S. Parker

Part 9: How Nations Grow (or Don't)

The Legacy of Progressive Thought

Richard A. Epstein

Overtaking

Robert Cooter AND Aaron Edlin

The Rule of Law and China

Francis Fukuyama

Part 10: Changing Course

Reversing

F.H. Buckley

End Matter

Contributors

Index