With enactment of CA Civ Code 3361 on January 1, 2020, California became the first state to prohibit use of race and gender-based data in calculating damages in tort actions. After reviewing 3361and Jesse Schwab's article, The Problem with Defining Tort Damages in Terms of Race & Gender,identify the ways in which race and gender have been used historically to reduce tort damages.

Explain whether you think statutes such as CA Civ Code 3361 will be sufficient to prevent juries from relying upon race or gender in calculating damages. In addition, identify the proposed steps Schwab suggests should be taken to prevent use of race and gender in damage calculations.

Explain whether you agree or disagree with Schwab's recommendations. Describe any additional recommendation(s) you believe should be taken to prevent the use of race and gender in damage calculations