Using public choice tools, this article examines why tort reform is necessary but also elusive. Identifying the demand-side and supply-side forces that have caused tort law to evolve away from efficient rules, the article shows why the courts are an unlikely venue for meaningful tort reform....

This article examines tort law and the tort reform debate through the lens of public choice. The article uses the tools of public choice to explain the development of tort law over the past few decades and its evolution away from efficient rules. The article identifies a supply and demand...

From guns to lead paint to sub-prime mortgages to global climate change, use of the common law doctrine of public nuisance to recover damages allegedly caused by the actions of multiple parties over many years is rising. These efforts have met with mixed results, and there are serious doubts...