Misconduct, misfortune, and just compensation: Weinstein on torts
Article Abstract:
Judge Jack B. Weinstein of the US Eastern District of New York has utilized a nonorthodox theory of tort recovery in mass tort cases where fault is nonexistent or diffused. Weinstein has been criticized for awarding compensation too low to make the plaintiffs whole in such cases. However, his idea of justice is to use collective resources to compensate plaintiffs according to their needs. This distributive sense of justice is more realistic for mass tort cases where the connection between injury and fault may be tenuous or nonexistent.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1997
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Heroic judging in an antiheroic age
Article Abstract:
Judge Jack B. Weinstein of the US Eastern District of New York has perhaps uniquely been the 'judge for the situation' in mass tort litigation. Judge Weinstein, in his own view, expanded his judicial functions to include legislative and administrative functions by necessity due to lack of legislative action. His innovative mediation of cases have been ethically, personally, and politically risky but successful due to his sense of justice and unique intellectual and administrative abilities.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
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