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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. Apr 1986

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 Mar 1986

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. Oct 1983

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. Apr 1983

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. Jun 1982

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. Jan 1982

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. Oct 1981

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. Jul 1981

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. May 1980

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 Jul 1979

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. Jun 1979

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. May 1978

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. Apr 1976

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. Jan 1976

Design Defect Litigation Revisited, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


The Antibiotics Class Actions, Charles W. Wolfram Jan 1976

The Antibiotics Class Actions, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.


Judicial Review Of Medical Treatment Programs, H. Richard Beresford Jan 1976

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. Dec 1973

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 Jan 1972

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 Aug 1971

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. Jan 1969

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 Jan 1969

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 Jan 1969

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 Jan 1968

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 Jul 1967

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 Jan 1965

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 Jan 1964

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.