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1546-2080 Online :: 1546-203X Print
NanoManagement: Synergizing Regulation with Common Law in Light of Nanotechnology
Volume 7, Issue 2


Authors:
Zachary Belinsky

Abstract:
The regulatory and tort systems are synergistically posed to handle different aspects of risk from nanotechnology products. Both regulation and the tort system are wrought with problems for businesses. Regulation can be arbitrary and lack the same deterrent effect as the tort system, while the tort system fails to address the problem upfront and can bankrupt companies, leaving injured individuals uncompensated. The author discusses the manner in which each system can best be put to work to prevent harm, and what each system can do to after harm has occurred, with particular regard paid to plaintiff’s strict products liability claims. The author provides three historical examples of mass tort claims (breast implants, guns and cigarette municipal litigation, and asbestos), and discusses synergy in using both regulation and the common law tort system to address nanotechnology.

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