In this Article, Professor Little takes issue with the Jeffrey O'Connell and Robert Joost "freedom to choose" no-fault plan. The author demonstrates why presenting this plan in the guise of freedom of choice is a charlatan's trick that would not fool most lawyers and judges. In effect, it benefits the rich at the expense of the ppor. He then presents some different approaches for solving the problem O'Connell and Joost want solved. His plans would induce early settlement attempts that would be beneficial both in bringing tort litigation under control and in reducing costs.
Joseph W. Little,
Reducing Noneconomic Damages by Trick,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol26/iss5/4