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Was the $7 billion paid out by the September 11 Victims' Compensation Fund—one award reaching approximately $8.6 million—a good idea?

That is one of many questions raised by Marshall Shapo, professor at Northwestern University School of Law, in his provocative new book, "Compensation for Victims of Terror" (Oceana, April 2005).

Marshall, a specialist on tort law, sorts through the poignant human stories of the 9/1l tragedy to look at how we as a nation compensate for injuries and other misfortunes.

His analysis touches upon the extraordinary emotion that fueled Congress' hasty passage of a law that evolved from authorization to compensate airlines for losses to the creation of the victims fund, whose average awards to families was more than $2 million.

Framing the compensation issue within the nation's broader context of awards, injuries and misfortunes, Marshall explains how September 11 fits in the category of bizarre cases. The book outlines how Congress defines negligence and how courts review huge damage awards in tort litigation. The media's influence on public policy in its coverage of one of the most spectacular stories of our time is an important focus.

Marshall 's questions suggest the precedent that September 11 compensation set as well as the boundaries and tensions of tort law. If there are terrorist attacks in the future that kill or injure hundreds or even thousands of people, should Congress provide the same kind of compensation to victims and families? Why has Congress not made provisions for similar benefits for victims of the Oklahoma City bombing? Why are the payments made to families of soldiers who die in combat only a few thousand dollars?

The Victims' Compensation Fund set off a series of debates about the logic of the awards that Shapo addresses. Does the fortuitous character of the deaths and injuries of September 11 make the case for compensation stronger or weaker? How do injuries and deaths caused by acts of terrorism differ from those caused by more ordinary means? What criteria for compensation should be considered, the financial need or deprivation of the survivors or the negligence of the public or private entities in question?

Shapo draws on the basic concepts of injury law to delve into these questions and present a framework for future lawmakers faced with shaping compensation programs for terrorist victims.

Interested in how tort law reflects larger tensions in our society, Shapo wrote a book on "Tort Law and Culture" (Carolina Academic Press) in 2003. That book demonstrates how the evolution of American personal injury law frequently reflects deep divisions in our society.

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