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- Restatement (Third) of Torts Products Liability (13)
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Articles 91 - 116 of 116
Full-Text Articles in Law
Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.
Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Mining With Mr. Justice Holmes, E. F. Roberts
Mining With Mr. Justice Holmes, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
Product Liability And The Passage Of Time: The Imprisonment Of Corporate Rationality, James A. Henderson Jr.
Product Liability And The Passage Of Time: The Imprisonment Of Corporate Rationality, James A. Henderson Jr.
Cornell Law Faculty Publications
In theory, the product liability system should induce manufacturers to invest in product safety at the socially optimal level, i.e., the level at which the marginal cost of the investment equals the marginal cost of product-related accidents thereby avoided. In reality, however, this inducement may be weakened by countervailing incentives, causing manufacturers in marginal cases to forgo investment that would appear to be cost-effective. Professor Henderson argues that in these cases corporate rationality has been "imprisoned" by two "real-world" phenomena. First, a manufacturer may postpone product improvements lest they be viewed by potential claimants and juries as a confession of …
Why Creative Judging Won't Save The Products Liability System, James A. Henderson Jr.
Why Creative Judging Won't Save The Products Liability System, James A. Henderson Jr.
Cornell Law Faculty Publications
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 Boundary Problems Of Enterprise Liability, James A. Henderson Jr.
The Boundary Problems Of Enterprise Liability, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Should A "Process Defense" Be Recognized In Product Design Cases?, James A. Henderson Jr.
Should A "Process Defense" Be Recognized In Product Design Cases?, James A. Henderson Jr.
Cornell Law Faculty Publications
Professor Henderson, addressing the suggestion that the focus in product design liability cases should be on the process by which design decisions are made rather than on the reasonableness of a particular design, analyzes a proposal that manufacturers be able to present evidence of good process as a defense. Although he applauds the attempt to resolve the difficulties of deciding product design cases, he questions the soundness of the process approach. Specifically, he argues that a process defense would be unworkable because judges would be unable to tell good process from bad, and that the proposal does not address polycentricity--the …
Coping With The Time Dimension In Products Liability, James A. Henderson Jr.
Coping With The Time Dimension In Products Liability, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Extending The Boundaries Of Strict Products Liability: Implications Of The Theory Of The Second Best, James A. Henderson Jr.
Extending The Boundaries Of Strict Products Liability: Implications Of The Theory Of The Second Best, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Scope Of The Physician’S Duty To Reduce Risks Posed By Epileptic Drivers, H. Richard Beresford
Scope Of The Physician’S Duty To Reduce Risks Posed By Epileptic Drivers, H. Richard Beresford
Cornell Law Faculty Publications
No abstract provided.
Renewed Judicial Controversy Over Defective Product Design: Toward The Preservation Of An Emerging Consensus, James A. Henderson Jr.
Renewed Judicial Controversy Over Defective Product Design: Toward The Preservation Of An Emerging Consensus, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Manufacturers' Liability For Defective Product Design: A Proposed Statutory Reform, James A. Henderson Jr.
Manufacturers' Liability For Defective Product Design: A Proposed Statutory Reform, James A. Henderson Jr.
Cornell Law Faculty Publications
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Expanding The Negligence Concept: Retreat From The Rule Of Law, James A. Henderson Jr.
Expanding The Negligence Concept: Retreat From The Rule Of Law, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Design Defect Litigation Revisited, James A. Henderson Jr.
Design Defect Litigation Revisited, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
The Antibiotics Class Actions, Charles W. Wolfram
The Antibiotics Class Actions, Charles W. Wolfram
Cornell Law Faculty Publications
No abstract provided.
Judicial Review Of Medical Treatment Programs, H. Richard Beresford
Judicial Review Of Medical Treatment Programs, H. Richard Beresford
Cornell Law Faculty Publications
No abstract provided.
Judicial Review Of Manufacturers' Conscious Design Choices: The Limits Of Adjudication, James A. Henderson Jr.
Judicial Review Of Manufacturers' Conscious Design Choices: The Limits Of Adjudication, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Torts: 1971 Survey Of New York Law, Faust F. Rossi, Warren E. George
Torts: 1971 Survey Of New York Law, Faust F. Rossi, Warren E. George
Cornell Law Faculty Publications
No abstract provided.
Legal Issues Relating To Electroconvulsive Therapy, H. Richard Beresford
Legal Issues Relating To Electroconvulsive Therapy, H. Richard Beresford
Cornell Law Faculty Publications
A survey of 54 psychiatric units disclosed that 49 (91%) were using electroconvulsive (ECT), principally for major depressive illnesses. During the five-year period 1964 to 1968, fractures and other complications of ECT were uncommon. Sudden death was reported in seven cases. During this period, none of the respondents or their affiliated physicians had been involved in lawsuits relating to the use of ECT. In general, suits for injuries occasioned by the use of ECT seem to be declining. Possible remaining problem areas are the performance of ECT without the prior consent of the patient; the failure to have facilities and …
A Defense Of The Use Of The Hypothetical Case To Resolve The Causation Issue--The Need For An Expanded, Rather Than A Contracted, Analysis, James A. Henderson Jr.
A Defense Of The Use Of The Hypothetical Case To Resolve The Causation Issue--The Need For An Expanded, Rather Than A Contracted, Analysis, James A. Henderson Jr.
Cornell Law Faculty Publications
Professor Henderson suggests that a place still exists in the law of torts for using the "hypothetical case" as a limit on the scope of liability. In making this suggestion, he disagrees with Professor E. Wayne Thode's argument in 46 Texas L. Rev. 423 (1968) that "duty" should be the sole repository of liability-limiting policy decisions in negligence cases. Professor Henderson proposes the creation of a new causation issue--cause in fact of harm to the plaintiff--that earlier defenders of causation-as-a-policy-issue seem to have overlooked.
Insurance: 1969 Survey Of New York Law Part Three, Commercial Law, Faust Rossi
Insurance: 1969 Survey Of New York Law Part Three, Commercial Law, Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
Driver Behavior And Legal Sanctions: A Study Of Deterrence, Roger C. Cramton
Driver Behavior And Legal Sanctions: A Study Of Deterrence, Roger C. Cramton
Cornell Law Faculty Publications
What are the consequences of the application of legal sanctions? How can these consequences be determined? This Article attempts to explore these questions in the limited field of highway safety, examining the available evidence and indicating areas where further investigation is essential. Although conclusions with respect to the general deterrent effect of traffic laws do not emerge, the parameters of the problem are defined and plausible hypotheses suggested.
A Eulogy For The Old Property, E. F. Roberts
A Eulogy For The Old Property, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
The Case Of The Unwary Home Buyer: The Housing Merchant Did It, E. F. Roberts
The Case Of The Unwary Home Buyer: The Housing Merchant Did It, E. F. Roberts
Cornell Law Faculty Publications
The author points up the decline of caveat emptor as a viable doctrine governing the sale of new homes and analyzes the emergence of implied warranty as a remedy for both structural deficiencies and personal injuries. He argues that the concept of implied warranty tends to obfuscate real distinctions between the builder-vendor’s responsibility for the material integrity of a new home and for personal injuries occasioned by defects therein, concluding that legislation is needed to reestablish a system of order in the law.
Negligence: Blackstone To Shaw To? An Intellectual Escapade In A Tory Vein, E. F. Roberts
Negligence: Blackstone To Shaw To? An Intellectual Escapade In A Tory Vein, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
A Rule Is A Rule Because It Is The Rule: Intellectual Crisis In Conflict Of Laws, E. F. Roberts
A Rule Is A Rule Because It Is The Rule: Intellectual Crisis In Conflict Of Laws, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.