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Full-Text Articles in Law

Vaccines And The Law, Michael Sanzo Ph.D. Nov 2012

Vaccines And The Law, Michael Sanzo Ph.D.

Pepperdine Law Review

The last twenty years have seen a sea-change in the area of proving causation in the toxic tort setting, with courts demanding stronger, scientifically tested evidence. At the same time, a closely related debate has been raging about separating cause from coincidence under the National Childhood Vaccine Injury Act compensation program for injuries that might have been the result of vaccinations. The Vaccine Act created a no-fault compensation fund financed by a tax on childhood vaccines to address harms resulting from those vaccines. Unfortunately, Congress gave little direction with regard to the level of causal certainty that would be required …


Misapplication Of The Attorney Malpractice Paradigm To Litigation Services: "Suit Within A Suit" Shortcomings Compel Witness Immunity For Experts, Adam J. Myers Iii Oct 2012

Misapplication Of The Attorney Malpractice Paradigm To Litigation Services: "Suit Within A Suit" Shortcomings Compel Witness Immunity For Experts, Adam J. Myers Iii

Pepperdine Law Review

No abstract provided.


Lies, Damned Lies, And Addictions: The Strange Case Of The Disappearing Person And The Bogey Of Determinism, David L. Wallace Feb 2012

Lies, Damned Lies, And Addictions: The Strange Case Of The Disappearing Person And The Bogey Of Determinism, David L. Wallace

David L Wallace

No abstract provided.


The Impact Of The Civil Jury On American Tort Law, Michael D. Green Jan 2012

The Impact Of The Civil Jury On American Tort Law, Michael D. Green

Pepperdine Law Review

This article, a contribution to a symposium on the what American tort law can contribute to the rest of the world expresses skepticism that a considerable swath of U.S. tort law would be of interest to the rest of the world. The thesis is that American tort law has been shaped by the existence of the civil jury, unique to the U.S, and areas of domestic tort law so influenced have no utility internationally. The article catalogues many such areas and discusses several of them.


Il Nesso Causale Nella Responsabilità Extracontrattuale: Note Comparatistiche, Marta Infantino Jan 2012

Il Nesso Causale Nella Responsabilità Extracontrattuale: Note Comparatistiche, Marta Infantino

Marta Infantino

The article provides a brief overview of the main theories and rules of causation in tort law in selected Western jurisdictions.


The Distorted Reality Of Civil Recourse Theory , Alan Calnan Jan 2012

The Distorted Reality Of Civil Recourse Theory , Alan Calnan

Cleveland State Law Review

In their recent article Torts as Wrongs, Professors John C.P. Goldberg and Benjamin C. Zipursky offer their most complete and accessible explanation of the civil recourse theory (CRT) of tort law. A purely descriptive account, CRT holds that tort law is exclusively a scheme of private rights for the redress of legal wrongs and is not a pragmatic mechanism for imposing strict liability or implementing public policy. The present paper challenges this view by revealing critical errors in its perspective, methodology, and analysis. It shows that Goldberg and Zipursky do not objectively observe tort law and uncritically report what they …