Includes bibliographical references (pages 221-258) and index
Why Tell Tales? -- Danforth's Tale -- Proctor v. Davis: The Real Story -- Why Tell Tales? -- War on the Common Law -- Warriors -- War on the Common Law -- The Tort Reform Agenda -- The Common Law and America -- The Third Branch of Government -- Beginnings -- Separation of Powers and the American Judiciary -- The Common Law Tradition -- An American Bench and Bar -- An American Procedural System -- Disciplined Democracy and the American Jury -- Legends -- The Founders and the Civil Jury -- The Contemporary Civil Jury: England versus America -- Disciplined Democracy -- Is the Civil Jury Competent? -- The Civil Jury and Societal Values -- The American Common Law System -- Is Proctor an Example of System Failure? -- The Four Legs of American Common Law -- Why the Common Law Is Special -- Who Regulates Auto Safety? -- Administrative versus Common Law Regulation -- The Stunning Improvement in Auto Safety -- Administrative Regulation -- The Bronco II Story -- Who Regulates Auto Safety? -- Balancing Safety and Other Considerations -- The Three Revolutions in Products Liability -- Cardozo's Paradigm -- The First Revolution: Strict Liability for Defective Products -- The Second Revolution: Strict Liability for Nondefective Products with Unreasonably Dangerous Features -- The Third Revolution: Strict Liability for Unreasonably Dangerous Products -- The Common Law and the Future -- Tobacco and Guns -- Common Law in the Twenty-first Century