THE PROSPECTS FOR TORT REFORM IN ARIZONA
Kerry C. Kelly, Edward Sharkey
Abstract
Kerry C. Kelly, Edward Sharkey
Abstract
Currently, traditional methods of tort reform are not politically feasible in One political leader in Arizona has stated, reform is unlikely to occur in Arizona. However, if we are to consider tort reform in Arizona, the most politically feasible method may be to take small steps toward reform. Another important political leader in Arizona has said, Incremental or more limited [tort] reforms must be pursued. Tort reform may not be a dead issue, but Arizona does not currently have a strong or politically active spokesperson in favor of tort reform. While this report does not see traditional tort reforms as likely to occur in the near future in Arizona, it is possible that other reforms that are not generally defined as tort reform may be politically feasible. For instance, damage caps, a traditional tort reform issue, is not likely to occur in Arizona, yet a reform of expert witness testimony or a restoration of one aspect of sovereign immunity may occur under favorable political circumstances. Thus, tort reform in incremental and a nontraditional manner may still be attempted in
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Currently, traditional methods of tort reform are not politically feasible in One political leader in Arizona has stated, reform is unlikely to occur in Arizona. However, if we are to consider tort reform in Arizona, the most politically feasible method may be to take small steps toward reform. Another important political leader in Arizona has said, Incremental or more limited [tort] reforms must be pursued. Tort reform may not be a dead issue, but Arizona does not currently have a strong or politically active spokesperson in favor of tort reform. While this report does not see traditional tort reforms as likely to occur in the near future in Arizona, it is possible that other reforms that are not generally defined as tort reform may be politically feasible. For instance, damage caps, a traditional tort reform issue, is not likely to occur in Arizona, yet a reform of expert witness testimony or a restoration of one aspect of sovereign immunity may occur under favorable political circumstances. Thus, tort reform in incremental and a nontraditional manner may still be attempted in
Key concepts: Tort reform, Tort, Politics, Political science, Witness, Law and economics, Law, Sovereign immunity