Mark C. Rahdert is Professor of Law at Temple University.
Introduction
p. 1
The Insurance Rationale for Tort Liability in Legal Theory
p. 7
The Early History of the Insurance Rationale
p. 11
Emergence of a General Insurance Rationale: The Triumph of Legal Realism
p. 23
The Insurance Rationale Decried: The Theoretical Underpinnings of the Current Movement for Tort Reform
p. 37
The Role of Insurance in Tort Liability: Some Preliminary Lessons from Scholarship
p. 51
The Insurance Rationale for Tort Liability in Practice
p. 57
Judicial and Legislative Approaches to the Insurance Rationale
p. 61
Some Prominent Examples of the Insurance Rationale in Practice
p. 79
Summary of Principal Themes
p. 99
The Insurance Rationale, the Liability Insurance Crisis, and the Future of Tort Reform
p. 105
The Insurance Rationale and the Late Liability Insurance Crisis
p. 109
The Insurance Rationale Reconsidered
p. 127
The Insurance Rationale and the Future of Tort Reform
p. 179
Notes
p. 189
Index
p. 243
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