Jump to ContentJump to Main Navigation

Review of Law & Economics

Editor-in-Chief: Parisi, Francesco

Ed. by Cooter, Robert D. / Gómez Pomar, Fernando / Kornhauser, Lewis A. / Parchomovsky, Gideon / Ulen, Thomas

3 Issues per year

SCImago Journal Rank (SJR) 2014: 0.179
Source Normalized Impact per Paper (SNIP) 2014: 0.610
Impact per Publication (IPP) 2014: 0.311



The Demographics of Tort Reform

Paul H. Rubin1 / Joanna M. Shepherd2

1Emory University, Dept. of Economics and Law School; Emory University, Law School

2Emory University, Dept. of Economics and Law School; Emory University, Law School

Citation Information: Review of Law & Economics. Volume 4, Issue 2, Pages 591–620, ISSN (Online) 1555-5879, DOI: 10.2202/1555-5879.1193, December 2008

Publication History

Published Online:

Tort reform may not affect all segments of society equally. Studies have shown that many tort reforms disproportionately reduce compensation to women, children, the elderly, disadvantaged minorities, and less affluent people. This study goes beyond tort reform’s disproportionate effect on compensation, to explore whether tort reform also has a disproportionate effect on accidental death rates. We explain that, theoretically, tort reform’s care-level effects and activity-level effects may disproportionately impact the accident rates of different groups. Using the most accurate, comprehensive data on medical malpractice tort reforms and state-level data from 1980-2000, we examine empirically whether tort reforms indeed have such a disproportionate effect. The results from our empirical analysis are consistent with our theoretical predictions. We find that the impact of tort reform varies substantially among demographic groups. When we consider the net effect of all the reforms in our study together, our results suggest that women, children, and the elderly do not enjoy tort reform’s benefits as much as men and middle-aged people. In fact, they might even be harmed by reform.

Citing Articles

Here you can find all Crossref-listed publications in which this article is cited. If you would like to receive automatic email messages as soon as this article is cited in other publications, simply activate the “Citation Alert” on the top of this page.

Ulrich Matter and Alois Stutzer
Journal of Law and Economics, 2015, Volume 58, Number 2, Page 357
Bernard Black, David A. Hyman, and Charles Silver
Journal of Empirical Legal Studies, 2009, Volume 6, Number 4, Page 723

Comments (0)

Please log in or register to comment.