2010 Fiscal Year Final Research Report
U. S. Federal Regulatory Preemption upon State Tort Claims in Areas of Product Safety and Financial Transaction.
Project/Area Number |
21730003
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Research Category |
Grant-in-Aid for Young Scientists (B)
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Allocation Type | Single-year Grants |
Research Field |
Fundamental law
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Research Institution | Hokkaido University |
Principal Investigator |
AIZAWA Hisashi Hokkaido University, 大学院・法学研究科, 准教授 (70322782)
|
Project Period (FY) |
2009 – 2010
|
Keywords | アメリカ合衆国 / 連邦制 / 専占 / 不法行為法 / 不法行為改革 / 行政規制 / 抑止 / 損害填補 |
Research Abstract |
Preemption of state tort cause of action by federal regulation is recognized as part of "tort reform" measures. "Reformers" pursue their agenda by switching more than one law-making forum ; but such strategy may well bring tension among "reform" measures. Academically, the question is formulized as one of institutional choice, and such formulation itself (re-)confirms that the primary concern of American tort law lies in deterrence and the interest in compensation has been decreased.
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Research Products
(5 results)