Civil Rights in Ordinary Tort Cases: Race, Gender, and the Calculation of Economic Loss

Abstract

This article explores race and sex bias in the computation of damages for loss of future earning capacity, an important component of economic loss in personal injury cases. It analyzes recent cases in the United States and in Canada which reject the use of race and sex-based tables to determine awards for female and minority plaintiffs and explains the method used by the special master in the September 11th Compensation Fund. Chamallas explores objections to reform - from both the "right" and the "left" - and makes the case for connecting civil rights principles to civil litigation.

JEL Classification: D63, J15, J16, J17, K13