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Distributive Justice & Corrective Justice: The Effect of County-Level Racial and Income Inequality on Tort Trial Outcomes

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Abstract:

This paper asks the empirical question whether aggregate-level poverty and racial composition affect tort tail outcomes. It is motivated by theoretical debates about the normative theory underlying tort law, corrective justice, which holds that considerations exterior to the duties and losses of the parties to the accident, such as distributive concerns, are inappropriate to the determination of liability or damages. This paper asks do social conditions of income inequality in a geographic area have a significant and consistent effect on the outcomes of jury adjudicated tort cases? In America poverty has a racial and ethnic dimension: African-Americans and Hispanics are disproportionately in poverty which has implications for social understandings and effects of poverty. Therefore I will also consider whether minority population or poverty rates have a unique effect apart from overall poverty. This paper employs logit and OLS models to estimate the effect of county poverty and minority population rates on the likelihood of plaintiff successes, and on the level of expected damages. I find that although poverty has a consistently positive effect on both likelihood of plaintiff successes and damages, it accounts for little of the general county fixed effects.

Most Common Document Word Stems:

poverti (101), counti (68), effect (67), level (63), model (61), rate (54), damag (46), plaintiff (42), outcom (39), popul (36), minor (35), trial (35), case (33), composit (32), juri (28), justic (28), black (28), overal (26), legal (26), variabl (25), studi (24),

Author's Keywords:

civil law, tort law, inequality, poverty
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Name: American Sociological Association
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http://www.asanet.org


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MLA Citation:

Kohler-Hausmann, Issa. "Distributive Justice & Corrective Justice: The Effect of County-Level Racial and Income Inequality on Tort Trial Outcomes" Paper presented at the annual meeting of the American Sociological Association, Montreal Convention Center, Montreal, Quebec, Canada, Aug 10, 2006 <Not Available>. 2009-05-25 <http://www.allacademic.com/meta/p103847_index.html>

APA Citation:

Kohler-Hausmann, I. , 2006-08-10 "Distributive Justice & Corrective Justice: The Effect of County-Level Racial and Income Inequality on Tort Trial Outcomes" Paper presented at the annual meeting of the American Sociological Association, Montreal Convention Center, Montreal, Quebec, Canada Online <PDF>. 2009-05-25 from http://www.allacademic.com/meta/p103847_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper asks the empirical question whether aggregate-level poverty and racial composition affect tort tail outcomes. It is motivated by theoretical debates about the normative theory underlying tort law, corrective justice, which holds that considerations exterior to the duties and losses of the parties to the accident, such as distributive concerns, are inappropriate to the determination of liability or damages. This paper asks do social conditions of income inequality in a geographic area have a significant and consistent effect on the outcomes of jury adjudicated tort cases? In America poverty has a racial and ethnic dimension: African-Americans and Hispanics are disproportionately in poverty which has implications for social understandings and effects of poverty. Therefore I will also consider whether minority population or poverty rates have a unique effect apart from overall poverty. This paper employs logit and OLS models to estimate the effect of county poverty and minority population rates on the likelihood of plaintiff successes, and on the level of expected damages. I find that although poverty has a consistently positive effect on both likelihood of plaintiff successes and damages, it accounts for little of the general county fixed effects.

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Document Type: PDF
Page count: 14
Word count: 6031
Text sample:
Issa Kohler-Hausmann Distributive Justice & Corrective Justice: the effect of county-level racial and income inequality on tort trial outcomes This study seeks to answer an empirical question: does distributive inequality at the county level affect tort trial outcomes? This question was motivated by theoretical debates about the normative theory underlying tort law corrective justice. Advocates of this theory hold that the principles governing rectification of negligent infliction of harm should be limited to considerations correlative to parties to the
Virginia Law Review 87:1857-1915. Waldfogel Joel. 1995. "The Selection Hypothesis and the Relationship between Trial and Plaintiff Victory " Journal of Political Economy 103:229-260. Weinrib Ernest. 1995. The Idea of Private Law. Cambridge: Harvard University Press. Wenke Robert. 1979. The Art of Selecting a Jury. Long Beach: Richter Publications. Wissler Roselle L. Allen J. Hart and Michael J Saks. 1999. "Decisionmaking about General Damages: A Comparison of Jurors Judges and Lawyers " Michigan Law Review 98:751-826. Wright Erik Olin


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