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Considering the Proper Federal Role in American Tort Law

Abstract

Among nations in the world, the United States is unique in its commitment to tort law at the state rather than national level. Yet that commitment runs deep and makes good sense in most contexts, including medical malpractice. For products liability, there are interesting arguments in favor of national lawmaking—arguments relating to the advantages of uniformity and the possible bias in the state lawmaking process. This Article explains and assesses those arguments, and considers relevant alternatives.

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38 Ariz. L. Rev.  917 (1996)

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Authors

Gary T. Schwartz (UCLA)

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