NCJ Number
126884
Journal
Washington and Lee Law Review Volume: 45 Issue: 4 Dated: (Fall 1988) Pages: 1355-1378
Date Published
1988
Length
24 pages
Annotation
The Bush administration should completely reject the antiregulatory philosophy of the Reagan administration, which tried to weaken regulation in the area of product liability and lobbied for strict limitations on product liability claims under the tort system.
Abstract
The Reagan administration gave industry a greater role and consumer interests a reduced role in the regulatory process; used rigid cost-benefit analyses to justify its antiregulatory approach to safety issues; and substantially cut the budgets of agencies related to product safety. The result was reduced enforcement by the National Highway Traffic Safety Administration, the Food and Drug Administration, and the Consumer Product Safety Commission. However, the administration's efforts were not entirely successful, because Congress did not adopt the administration's views on product liability reform. The Bush administration should appoint qualified leaders, reassess enforcement strategies, fund adequate data collection, and support tort reforms that are fair to both plaintiffs and defendants. 151 references