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Virginia Should Abolish The Archaic Tort Defense Of Contributory Negligence And Adopt A Comparative Negligence Defense In Its Place, Peter N. Swisher
Virginia Should Abolish The Archaic Tort Defense Of Contributory Negligence And Adopt A Comparative Negligence Defense In Its Place, Peter N. Swisher
Law Faculty Publications
The purpose of this essay is to argue that the time has now come for Virginia, by judicial or legislative action, to abolish its archaic common law tort defense of contributory negligence and replace it with a comparative negligence defense. Adopting a comparative negligence defense would more equitably and more fairly recognize and apportion damages according to the bedrock underlying tort legal principles of accountability, deterrence, and distribution of loss.
Whiskey, Soldiers, And Voting: Western Virginia Elections In The 1790s, Jud Campbell
Whiskey, Soldiers, And Voting: Western Virginia Elections In The 1790s, Jud Campbell
Law Faculty Publications
Editor's Note: Elections in eighteenth-century Virginia were conducted quite differently than current elections. In this article, the author presents revealing descriptions of early elections in Montgomery County, Virginia immediately following the birth of the United States. The behavior and motivations of the electorate, as well as the candidates, provide interesting insight regarding the social structure o/that era.