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Disasters & the Law

UC Berkeley School of Law

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+Weinstein, Jack B., Individual Justice in Mass Tort Litigation: The effect of class actions, consolidations, and other multiparty devices (Northwestern University Press, 1995)

Judge Jack B. Weinstein, senior federal judge in the Eastern District of New York, has presided over many of the landmark mass tort cases involving Agent Orange, DES, asbestos litigation, repetitive stress injury, and other environmental toxic torts. He published his landmark decisions in these cases as well alongside articles he has written analyzing the problems relating to complex mass tort litigation. The book documents prominent features of mass tort litigation, and Judge Weinstein's views concerning the most fair and efficient resolution of these massive litigations.

Chapter 2 deals specifically with "The Law's Reaction to Disasters", discussing various types of disasters, jurisdictional issues, "desirable conditions for disaster management by courts", procedural tools and models, and proposing a national disaster court.