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Full-Text Articles in Law
Congressional Power And State Court Jurisdiction, Anthony J. Bellia
Congressional Power And State Court Jurisdiction, Anthony J. Bellia
Journal Articles
Federal laws that regulate state institutions give rise to what the Supreme Court has described as the oldest question of constitutional law. In recent years, the Court has confronted questions of congressional power to regulate state legislatures and executives, but has not directly confronted any question of congressional power to regulate state courts. Since the Founding, questions of congressional power to regulate state court jurisdiction of Article III cases have arisen - most notably, congressional power to assign jurisdiction of federal criminal cases to state courts. Today, significant questions of congressional power to regulate state court jurisdiction over non-Article III …
The Hidden Victims Of Tort Reform: Women, Children, And The Elderly, Lucinda M. Finley
The Hidden Victims Of Tort Reform: Women, Children, And The Elderly, Lucinda M. Finley
Journal Articles
I have conducted empirical research from several states on how juries in medical malpractice and other tort suits allocate their damage awards between economic loss damages and noneconomic loss damages. I then compared cases in which men are the victims and cases in which women are the victims. This research demonstrates that while overall men tend to recover greater total damages, juries consistently award women more in noneconomic loss damages than men, and that the noneconomic portion of women's total damage awards is significantly greater than the percentage of men's tort recoveries attributable to noneconomic damages. Consequently, any cap on …
Tort Reform In Mississippi: An Appraisal Of The New Law Of Products Liability, Part Ii, Phillip L. Mcintosh
Tort Reform In Mississippi: An Appraisal Of The New Law Of Products Liability, Part Ii, Phillip L. Mcintosh
Journal Articles
In 1993, the Mississippi legislature enacted the Mississippi Products Liability Act, the substantive portions of which became effective on July 1, 1994. Part I of this Article, previously published, discussed the purpose of the new Act; the definitions of basic terms of art used in the Act - such as "product," including whether used products are covered by the Act, "manufacturer," "seller," and "unreasonably dangerous"; and the interests protected by the Act. Part II of this article addresses the categories of defects forming the bases of claims for damages created by the Act, the liability of sellers and manufacturers, defenses …
Tort Reform In Mississippi: An Appraisal Of The New Law Of Products Liability, Part I, Phillip L. Mcintosh
Tort Reform In Mississippi: An Appraisal Of The New Law Of Products Liability, Part I, Phillip L. Mcintosh
Journal Articles
In 1993, as a result of tort reform efforts, the Mississippi legislature enacted legislation that made dramatic changes in the law of products liability as well as in the law of punitive damages. On July 1, 1994, the substantive portions of the new legislation became effective, and the products liability portion of the new legislation replaced the judicially adopted Section 402A of the Restatement (Second) of Torts as the primary basis of products liability law in the state. Those who supported the new Act did so because they saw it as a way to bring stability and predictability to the …