This Note explores the origins of the prohibition on champerty and maintenance in tort litigation. It suggests that a modern understanding appropriate to our mature legal system should allow a tort victim to assign his right to sue and collect damages for a wrongful injury or death. This ability to unbundle this right would lead to an efficient restructuring of incentives in tort liability and open courtroom doors to those currently excluded.
Patrick T. Morgan,
Unbundling Our Tort Rights: Assignability for Personal Injury and Wrongful Death Claims,
66 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol66/iss3/5