Goal Analysis Versus Institutional Analysis of Toxic Compensation Systems

E. Donald Elliott, Yale Law School


How to compensate individuals for exposure to toxic substances has been
hotly debated in legal circles recently. Most of the debate has been based on an
assumption that is usually taken for granted: that reform must be accomplished
by tinkering with the legal doctrines courts apply in toxic tort cases.
The immediate purpose of this article is to question that assumption.