[laughter] mr. rein: i honestly don't know what that means. i think i have an idea. i did not go to yale. you are talking about what role does tort adjudication play in society. in some societies, let's say

scandinavia, you have a social contract with the people as a whole. if something adverse happens to you, it is the public responsibility to care for you. but attributing blame is secondary. you want to create a culpability outside the criminal system. in the u.s., we do not have a social system. in that sense, tort is a vehicle for people compensating themselves for injury as well as

attributing blame. you do not have to have a blame theory. if you put a dangerous commodity, you know it is going to injure somebody, you have to build that into the price. those kinds of things, trying to take away this question of finding blame in each case. you want to reserve blame for cases in which there has been bad conduct. if you are building in an inefficient mechanism, there are two problems. that will come back in the price and it is random. if you think of people similarly injured, somebody thinks about going to a lawyer.

a lot of people fear the courts. they do not want to waste their time. a tort system is random. the greatest advantage of the jury system, everybody is scared of the jury and that is why you can settle more cases. whether they are well settled is another question. having a fear factor is like a nuclear deterrence. the jury trial and maybe some of the myths around it lead to that kind of behavior and maybe they are the cause of the fact that we do not have jury trials. >> did you apply it on the 9/11 commission? mr. feinberg: we do an end run on theories of tort. we invite people to come into a system which does not to fix blame, does not deter. it compensates, that is all it does, individual victims. 9/11, 94 people, 3%, decided

voluntarily not to come into my program. i met with them and i said to each one, why aren't you coming into a program that will compensate you in 60 days with an average award tax-free of $2 million? some would say, i lost my wife at the world trade center. she would want me to sue to make the airlines safer. to make the airlines safer. you are not going to make the airlines safer by suing. the airlines are as safe as they are going to be.

even if you believe that a lawsuit will help make the airlines safe, let the other 93 people sue. let 93 people litigate to make the airlines safer. come in and get your money. >> without the threat of a civil jury trial, would bp or gm ever put up that kind of find? mr. feinberg: i doubt it. >> tell me of any kind of civil case where the biggest issue, the one that amounts to the most money is not intent. i have never tried a case where intent is not the key issue. just like it was the issue in the obamacare supreme court

case. who better than a jury of your peers at ascertaining what people really mean and think and intend? mr. rein: you do not have to prove willfulness to win. all you have to prove is that you infringed the claims of the patent. you know that better than anybody else. in a lot of big-ticket cases, intent is not the issue. in a pharmaceutical liability case, did they really intent to injure somebody? if the warning was inadequate, was it an adequate because they wanted to protect the drug? intent is not necessary.

is the warning objectively sufficient or not sufficient? there are a great many cases where intent is not an element. we have moved away from that for economic reasons. a lot of cases are just absolute liability. intent has nothing to do with it. mr. feinberg: these programs like 9/11 have nothing to do with liability. nothing. they have nothing to do really with justice. they have very little to do with fairness.

what is just and fair if you are giving someone to million dollars who lost a son. they are all about mercy and empathy and they are very rare. no one comes to me in any of these programs and says, thank you. gratitude. appreciation. don't expect it. just brace yourself. you are going to really -- it is debilitating.

you get the money out the door and you move on and it is mercy because it really is not fairness and it is not justice. [applause] >> it is time for our vote. you have heard the best argument for and against preserving the civil jury system. the question on the floor is, if you were a delicate at the constitutional convention, would you vote in favor of the seventh amendment or not? everyone who would vote in favor -- >> [inaudible] >> everyone in favor, raise your hand. everyone who would vote against, raise your hand. the seventh amendment wins. join me in thanking your panelists. [captioning performed by the national captioning institute, wiich is responsible for its caption content and accuracy. visit ncicap.org][captions

copyright national cable satellite corp. 2015]

>> congressional lawmakers return from their recess tomorrow. on resolution to disapprove the rainy an agreement. agreement. c-spanthe senate live on two. the house also returns on a measure that would disapprove the iranian nuclear agreement. the final vote expected sometime before friday. follow the house life, here on c-span. the house and senate returned from their summer recess this

week, and get right to work on the iran nuclear agreement, particularly in resolution of disapproval of that agreement or a getting set to cover that debate is laura barron lopez who covers congress for "huffington post." who will be some of the key players on tuesday? laura: thank you for having me. in the senate right now, the administration is pretty confident the democrats will be able to protect this deal that he has crafted with p5+1. what is going to happen is that so far 38 democrats have announced their support for the deal. if you shy of the number needed to filibuster if they wanted to. so the debate will be heated and they will start tuesday. it looks like even if it does pass the senate, democrats will have developed to sustain a presidential veto. >> one of the votes they will not get, and it becomes another one in opposition -- ben cardin,

the ranking member. he wrote about his opposition friday and here is his tweet regarding the iran deal -- this is a close call, but after a lengthy review, i will vote to disapprove. how does his opposition, or does it change at all, the nature of the debate in the senate? laura: i think senator ben cardin's opposition very much embodies how difficult this issue has been for all of the senators, all of the congress members, every single person whether they come for it or against it has said this has been the most difficult decision to have ever had to make as a lawmaker. ben cardin didn't really know where he was going to go, so now he is the third of a crowd on top of senator schumer and senator bob menendez to say that he is going to vote against the deal. when it comes down to the numbers and the process, i do

not think the administration is going to be sweating it too much y have theey know the votes in the senate to sustain the veto. >> getting everybody on board to support the iran deal, the rules committee takes it up in the house on tuesday evening for a debate beginning midweek. what does the debate look like in the house and who will some of the floor leaders be there? laura: the house is a bit more fluid right now in the colleague letter that you mentioned. minority leader pelosi did say that they have well over 100 democrats that have come out in support of the deal, but they need 146 in order to sustain a presidential veto. they are not quite there yet. very aggressive

over the august recess and administration has been to make sure that they are trying to get the support that they need. it is going to be very interesting next week. >> let's go back to the senate for a second. we didn't touch on the talk of potential for democrats to be able to filibuster, be able to prevent this from ever coming to a final vote. the number they were talking about was 41 with 38 now in favor of the field -- of the deal. indicating at all that they might have the ability to stop this from coming to a final vote? laura: because they are so close to the 41 number, as you said, it will be interesting to see if they decide to do that. people in senator durbin's office have said that the democrats are not planning to filibuster, and senator joe

manchin, one of the undecided still left -- there are five undecided democrats left -- said he would not support a filibuster. the rest that are undecided, because it is such an intense debate, they may not end up getting the vote. >> laura lopez covers congress for "huffington post." read more at huffington post.com and follow her on twitter at . thank you for the update. >> tonight, on the communicators. c-span stopped by several technology fairs and spoke with researchers on future of consumer technology. >> we are building what we call the moment before data dashboard. when it is intended to do is be a one-stop shop for the importance of data sources about agriculture and reduction in the united states. the disparate world of the online either.

we wanted to bring that altogether and make it easy for anybody from an interested public to a busy small farmer, all the way to engineers to developers to access the data and start using them in ways that would be powerful for them. that in theis future of the favre will be intelligent enough to receive the data we send it right if i press pound, my fabric into me with p for vibration, whenever i wanted to do. , and each one on of these is a module. it provides vibration or heat. >> what are we looking at here? what is contained in this? >> with these are microprocessors that actual total of these -- actually tell these actuators to vibrate. we are here with our suppliers to give a taste of who we are and what we do.

one of our suppliers here is something hold eyepatch. it has an interesting story. and journalists have an idea for a product, found alibaba.com, had his product created, and am you selling and alibaba.com. you can find manufacturers to get your idea created, and then eventually become a supplier on our platform and sell your product back to others. >> i agree that there is a long way to go. robotsr debates about becoming more intelligent than humans and so on. from a scientist perspective i would say that is an optimistic respective. i wish we were that smart. we are far away from that. but you're making a lot of headway. in the recent years there has been a conflicts of technology that enables us to have robust that are smarter, far away from of human beings, but

smart enough to perform tasks on their own trade >> watch the communicators, tonight, on c-span two. humanight afternoon walk and president george w. bush and bill clinton the two presidential scholars program regiments which was created by several presidential foundations. here's more from our cuban essie talks about how to be a successful businessman and decision-maker. >> i tried to be very self-aware. i try to do what i'm good at, what i'm bad at. attach a smart people around me all the time. and i cross my fingers. [laughter] there are just some decisions that you have to trust yourself. preparation is everything. people always say you are such a huge risk taker, and i never take risk. any business i have ever started, i was told i have done my homework, i've done the preparation. this is not a risk.

been in the i never same circumstances as our two presidents, and i cannot even imagine the stress on the in my own little world. i just try to be prepared, hungry people around me. be prepared, over the best. >> that is a portion of remarks from novell followed earlier bush presidential library in dallas for you can see the rest of it adding clock p.m. eastern on c-span. journal, on washington talks aboutlobe the 2016 presidential campaigns and what to expect in the coming debate and after that, rollcall correspondent on the congressional agenda windley chavers return on tuesday, which includes federal spending in the upcoming visit by pope francis. plus we will take your code calls, facebook comment and tweets. washington journal's life

tuesday 7:00 p.m. eastern on c-span. earlier today vice president joe in the allegheny county labor day parade and spoke to a group of union members. this is 15 minutes. ♪ hey, folks! [applause] >> all right. my name is joe biden and i -- [laughter] leo was not joking. the only reason i'm standing here, his back when i was a 29-year-old kid, is richard nixon visited my state, and i cannot get help anywhere.

a big old wine in every wondered, who was about six foot six inches, 260 pounds, he , inesented the steelworkers claymont, where i moved from scranton. he attempting to see a guy who was the regional director in philadelphia. is said to him, we are backing this boy, and you he said like hell we are. havingare, you're not me. you know, i was endorsed. at that time i was losing. 57-19. but i one. i won because of the steelworkers. [applause] we have expression where i grew up. go home with the girl that you you to the dance, and

brought me to the dance. industry to be here. you go.le, -- there good and where is mack? heavyoes all of the lifting. you, man. thanks for having me back. and my buddy rich. you know, rich and i go back a long way. he is the kind of guy, and i am not joking, like all of you. you know, in the neighborhood, you always knew who the person was who had your back. you knew it, and this is the guy who would have your fax. he would have your back in a fight. he would have your back in an argument. back no have your matter what. and he has had my back, and i