ASBESTOS - A MULTI-BILLION-DOLLAR CRISIS

In past issues of the Harvard Journal on Legislation, authors have del ved into the persistent problem of asbestos litigation. In Volume 20, Louis Treiger explored legislative proposals before the Ninety-Seventh Congress in his article, Relief for Asbestos Victims: A Legislative A nalysis. Bruce H. Nielson's note in Volume 25 explored the potential o f class actions to address the needs of victims of asbestos and other mass forts. In this Article, Harvard Law Professors Edley and Weiler r evisit the asbestos litigation problem and suggest new solutions. Reje cting traditional legal strategies as unworkable, the authors propose a legislative approach that combines the scope of a class action with the consistency of an administrative system. Their proposal envisions a central fund to which claimants can apply without the need to show f ault. Clear medical guidelines are applied, and damage awards and lega l fees are strictly controlled. Finally, the authors suggest administr ative and judicial alternatives that closely resemble the legislative ideal, should legislation be politically impossible.