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Full-Text Articles in Law
Tort Law And Civil Recourse, Mark A. Geistfeld
Tort Law And Civil Recourse, Mark A. Geistfeld
Michigan Law Review
A Review of Recognizing Wrongs. by John C.P. Goldberg and Benjamin C. Zipursky.
Private Rights And Private Wrongs, Andrew S. Gold
Private Rights And Private Wrongs, Andrew S. Gold
Michigan Law Review
Review of Private Wrongs by Arthur Ripstein.
Outrageous Fortune And The Criminalization Of Mass Torts, Richard A. Nagareda
Outrageous Fortune And The Criminalization Of Mass Torts, Richard A. Nagareda
Michigan Law Review
The case of the blameworthy-but-fortunate defendant has emerged as one of the most perplexing scenarios in mass tort litigation today. One need look no further than the front page of the newspaper to find examples of mass tort defendants said to have engaged in irresponsible conduct - even conduct that one might regard as morally outrageous in character - but that nonetheless advance eminently plausible contentions that they have not caused harm to others. This issue is not merely a matter for abstract speculation. A now-familiar mass tort scenario involves a defendant that markets a product without informing consumers about …
Turning From Tort To Administration, Richard A. Nagareda
Turning From Tort To Administration, Richard A. Nagareda
Michigan Law Review
My objective here is to challenge the notion that the recent mass tort settlements - for all their novel qualities in the mass tort area - are truly sui generis in the law. Rather, I contend that the rise of such settlements in tort mirrors the development of public administrative agencies earlier in this century - that, in both instances, powerful new institutions emerged outside preexisting channels of control to wield significant power over human lives and resources. I argue that courts usefully may draw upon familiar doctrines of judicial review in administrative law to form a conceptual framework for …