Mass disasters sometimes require creative remedies. The tort system may not provide the best means of compensation in unusual situations like the Agent Orange chemical exposure litigation, the Virginia Tech shootings,the attacks of September 11th (“9/11”), and the BP oil spill. Executive compensation after the financial meltdown may also require new, innovative approaches. From my work mediating and administering these cases over the last twenty-five years, I have concluded that such alternative compensation systems are—and should be—rare.
Feinberg, Kenneth R.
"Unconventional Responses to Unique Catastrophes,"
Akron Law Review: Vol. 45
, Article 2.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol45/iss3/2