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February 11, 2012


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David Levine

The special master for the 9/11 fund made no attempt to individualize compensation for nonpecuniary losses. He set fixed amounts for the pain and suffering of all of the people who died, as well as fixed sums for the emotional distress of family members. The pecuniary losses were measured by lost income, but with floors and ceilings on the recoverable amounts. Ken Feinberg's book on his experiences as the master administering the fund is well worth reading.

Alfred Brophy

All good thoughts, David, and many thanks for joining the conversation.

I wasn't thinking about differentiating between sterilization victims in their non-pecuniary losses. I was thinking about differentiating in terms of the state's coercion.

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