Negotiating the September 11 Victim Compensation Fund of 2001: Mass Tort Resolution Without Litigation

Abstract

This paper calls attention to the difficulties in negotiating the September 11 Victim Compensation Fund. The article raises the questions that arose out of the federal law that allowed persons affected by September 11 to voluntarily enter the fund. Was the program a good idea? Was it sound public policy? How do we justify generous treatment of victims in this case but not in others? Should everyone receive a different amount of money relative to their circumstances? If another tragedy occurs, should we do this again?

Keywords

Mass torts, Negotiation, September 11 Terrorist Attacks, 2001, Administrative discretion (Law), Sept. 11 Victim Compensation Fund (Organization)

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Authors

Kenneth R. Feinberg (Special Master of the September 11th Victim Compensation Fund of 2001)

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