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Articles 1 - 6 of 6
Full-Text Articles in Law
Procedural Rulemaking Under The Judicial Councils Reform And Judicial Conduct And Disability Act Of 1980, Stephen B. Burbank
Procedural Rulemaking Under The Judicial Councils Reform And Judicial Conduct And Disability Act Of 1980, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Common Law Judging In A Statutory World: An Address, Ellen Ash Peters
Common Law Judging In A Statutory World: An Address, Ellen Ash Peters
Faculty Articles and Papers
No abstract provided.
Process Constraints In Tort, James A. Henderson Jr.
Process Constraints In Tort, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
The Rules Enabling Act Of 1934, Stephen B. Burbank
The Rules Enabling Act Of 1934, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Judicial Experimentation With A Strict Products Liability Rule: A Comparison Of The Law In The United Kingdom, Louisiana, And United States' Common Law Jurisdictions, Thomas E. Carbonneau, Catherine Garvey
Judicial Experimentation With A Strict Products Liability Rule: A Comparison Of The Law In The United Kingdom, Louisiana, And United States' Common Law Jurisdictions, Thomas E. Carbonneau, Catherine Garvey
Journal Articles
Since the mid-nineteenth century, products liability law has undergone significant modifications. The applicable doctrine has oscillated between contract and tort theories; fault and no-fault liability schemes have competed for predominance. Despite attempts to create an internationally accepted liability norm, different legal systems continue to espouse differing perceptions of the liability formula in the products area. In addition, even in jurisdictions in which courts adhere to identical liability theories, there is disagreement as to the application and implications of the same standard. This article attempts to set the shifting doctrinal character of products liability analysis into a comparative perspective principally between …
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner
Articles
Although it has been "axiomatic" that our courts do not entertain suits to reform wills on the ground of mistake, appellate courts in California, New Jersey, and New York have decided cases within the last five years that may presage the abandonment of the ancient "no-reformation" rule. The new cases do not purport to make this fundamental doctrinal change, although the California Court of Appeal in Estate of Taff and the New Jersey Supreme Court in Engle v. Siegel did expressly disclaim a related rule, sometimes called the "plain meaning" rule. That rule, which hereafter we will call the "no-extrinsic-evidence …