Sessions Information

  • June 9, 2012
    3:15 pm - 5:45 pm
    Session Type: AALS Programs
    Session Capacity: N/A
    Hotel: N/A
    Room: N/A
    Floor: N/A

    The assumption behind this session is that disasters will sometimes end up either being handled under a public compensation scheme (9/11, Price Anderson) or a private regime of mass deal-making (Vioxx, BP).  Should anything be decided ex ante or will every plan/settlement be sui generis?  A governing assumption seems to be that a program will operate in the shadow of tort law, so that the kind of loss and the scale of loss will have some sort of genetic connection to the tort suits that “could have been brought.”  But this may be a mere fig leaf for a very different kind of ordering—one based, for example on parallel principles of distributive justice or maybe even independent social needs, such as national and economic security.

Session Speakers
Fordham University School of Law

Benjamin N. Cardozo School of Law

University of Kansas School of Law

Duke University School of Law

University of California, Berkeley School of Law

Session Fees

Fees information is not available at this time.