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Articles 1 - 11 of 11
Full-Text Articles in Entire DC Network
Soft Negligence And Cause In Fact: A Comment On Ganuza And Gomez, Giuseppe Dari-Mattiacci
Soft Negligence And Cause In Fact: A Comment On Ganuza And Gomez, Giuseppe Dari-Mattiacci
George Mason University School of Law Working Papers Series
Lowering the standard of negligence below the first-best socially optimal level has been shown by Ganuza and Gomez (2004) to increase the level of care taken by judgment proof injurers. In this paper, I consider a more complex model of negligence in which cause in fact is taken into account, and I show that this conclusion holds when the injurer’s care reduces the magnitude of the accidental harm but not when the injurer’s care reduces the probability of the accident. Thus, such soft negligence strategies aimed at tackling the adverse effects of judgment proofness need to be conditioned to the …
Causation And Attenuation In The Slavery Reparations Debate, Kaimipono D. Wenger
Causation And Attenuation In The Slavery Reparations Debate, Kaimipono D. Wenger
ExpressO
Recent discussions of reparations have noted the difficulty reparations advocates have in showing causation. Criticisms of reparations have focused on the attenuated nature of the harm, suggesting that modern claimants are not connected to slaves, that modern payers are not connected to slave owners, and that modern disadvantages cannot be connected to slavery.
This Article examines attenuation concerns and finds that they come in three related but distinct varieties: Victim attenuation, wrongdoer attenuation, and act attenuation. These three components, defined in this Article, show themselves in a number of interrelated legal and moral arguments. They have important strategic consequences, and …
Solving The Punitive Damage Mismatch, Ari Behar
Solving The Punitive Damage Mismatch, Ari Behar
ExpressO
There are several reasons underlying the system of punitive damages. Application of these reasons to cases yields differing results. The reasons fall into two categories: those that support awarding additional damages to the plaintiff and those that support extracting more damages from the defendant. When the reasons in favor of extraction exceed those in favor of award, the award should be split between the plaintiff and a fund. This fund should be used to supplement awards when the reasons favoring award exceed those favoring extraction.
Institutional Reckless Disregard For Truth In Public Defamation Actions Against The Press, Randall P. Bezanson
Institutional Reckless Disregard For Truth In Public Defamation Actions Against The Press, Randall P. Bezanson
ExpressO
Since its beginning, the actual malice test first announced in 1964 in New York Times v. Sullivan, has suffered from problems that are increasingly traceable to the changing face of journalism. Its demand that the mind of the reporter be proved "with convincing clarity" has adverse consequences for plaintiffs and news organizations alike. End runs around the subjective state of mind inquiry by plaintiffs have become more common. And the actual malice test's predictability, its capacity as a standard of liability to yield consistent and coherent results across a body of cases, remains a hollow promise. As Robert Sack famously …
Mandatory Recall Authority: A Sensible And Minimalist Approach To Improving Food Safety, Michael T. Roberts
Mandatory Recall Authority: A Sensible And Minimalist Approach To Improving Food Safety, Michael T. Roberts
ExpressO
No abstract provided.
The Poor State Of Health Care Quality In The U.S.: Is Malpractice Liability Part Of The Problem Or Part Of The Solution?, Charles Silver
The Poor State Of Health Care Quality In The U.S.: Is Malpractice Liability Part Of The Problem Or Part Of The Solution?, Charles Silver
ExpressO
The belief that malpractice lawsuits impede efforts to improve health care quality by encouraging providers to hide mistakes is the conventional wisdom among patient safety advocates and scholars. It also provides the normative basis for efforts currently proceeding at the state and federal levels to curtail medical malpractice exposure. Groups pressing for tort reform, including the American Medical Association, contend that when doctors and other providers are insulated from liability, patients will be better protected from harm.
This article canvasses the evidence bearing on the connection between malpractice exposure and health care quality. Some of this evidence, such as the …
Predatory Systems Rivalry And Predatory Aftermarket Conduct, Richard S. Markovits
Predatory Systems Rivalry And Predatory Aftermarket Conduct, Richard S. Markovits
ExpressO
No abstract provided.
Judicial Recognition Of The Interests Of Animals - A New Tort, David Favre
Judicial Recognition Of The Interests Of Animals - A New Tort, David Favre
ExpressO
This article seeks to explore a simple but profound question. How should our legal system deal with the claims of animals for protection against harms inflicted by humans? Rather than a comparative rights analysis as used by some writers, this article will use the non-comparative approach based upon an interest analysis. The short answer is that our legal system can and should do what it always has done, balance the interests of competing individuals in a public policy context, always seeking to strike an ethically appropriate balance. It will be shown that the legislative branch of our government presently promotes …
The Needle And The Damage Done: How Hoffman Plastics Promotes Sweatshops And Illegal Immigration And What To Do About It , Jennifer S. Berman
The Needle And The Damage Done: How Hoffman Plastics Promotes Sweatshops And Illegal Immigration And What To Do About It , Jennifer S. Berman
ExpressO
This paper examines the intersection of immigration and labor law as developed in federal law, culminating in the recent Supreme Court case, Hoffman Plastics. Arguing that Hoffman was wrongly decided, the paper further demonstrates that stronger penalties are necessary under the NLRA to deter employer wrongdoing, protect workers’ rights, and slow the proliferation of sweatshops.
Wiretapping's Fruits, The First Amendment, And The Paradigms Of Privacy, Bernard W. Bell
Wiretapping's Fruits, The First Amendment, And The Paradigms Of Privacy, Bernard W. Bell
Rutgers Law School (Newark) Faculty Papers
No abstract provided.
Economic Analysis In A Unified Conception Of Tort Law, Mark Geistfeld
Economic Analysis In A Unified Conception Of Tort Law, Mark Geistfeld
ExpressO
The controversy regarding the appropriate purpose of tort law continues to rage. Some advocate that tort rules should minimize accident costs as an instrument for maximizing social welfare and wealth. Others argue that as a matter of corrective justice, tort rules should fairly protect the individual right to physical security. These two conceptions of tort law are fundamentally incompatible and mutually exclusive. It is a separate question whether the requirements of welfare economics are compatible with those of fairness. This article establishes the possibility of a unified conception of tort liability, one capable of fully accounting for the central tenets …