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Review of Law & Economics

Editor-in-Chief: Parisi, Francesco

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

3 Issues per year

CiteScore 2016: 0.22

SCImago Journal Rank (SJR) 2015: 0.196
Source Normalized Impact per Paper (SNIP) 2015: 0.401

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Volume 4, Issue 2 (Dec 2008)


Volume 13 (2017)

The Demographics of Tort Reform

Paul H. Rubin
  • Emory University, Dept. of Economics and Law School; Emory University, Law School
/ Joanna M. Shepherd
  • Emory University, Dept. of Economics and Law School; Emory University, Law School
Published Online: 2008-12-30 | DOI: https://doi.org/10.2202/1555-5879.1193

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.

About the article

Published Online: 2008-12-30

Citation Information: Review of Law & Economics, ISSN (Online) 1555-5879, DOI: https://doi.org/10.2202/1555-5879.1193. Export Citation

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