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Articles 1 - 27 of 27
Full-Text Articles in Law
A Recent Renaissance In Privacy Law, Margot Kaminski
A Recent Renaissance In Privacy Law, Margot Kaminski
Publications
Considering the recent increased attention to privacy law issues amid the typically slow pace of legal change.
Bad Foundation: Washington's Lack Of Homeowner Rights, Brendan Williams
Bad Foundation: Washington's Lack Of Homeowner Rights, Brendan Williams
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
The Introduction Of Biotech Foods To The Tort System: Creating A New Duty To Identify, Katharine Van Tassel
The Introduction Of Biotech Foods To The Tort System: Creating A New Duty To Identify, Katharine Van Tassel
Katharine Van Tassel
This Article examines the question of whether an unsuspecting consumer who dies from an allergic or toxic reaction to an undisclosed biotech ingredient in food can recover damages through the tort system. The surprising answer is that recovery is very unlikely. This Article outlines why this is the case, then evaluates the merits of several potential solutions to this problem including the possible creation of a common law 'duty to identify' biotech ingredients in food.
This Article is arranged as follows. First, a brief primer on the nature of biotech foods is provided. For the reader unfamiliar with the regulatory …
Protecting One's Own Privacy In A Big Data Economy, Anita L. Allen
Protecting One's Own Privacy In A Big Data Economy, Anita L. Allen
All Faculty Scholarship
Big Data is the vast quantities of information amenable to large-scale collection, storage, and analysis. Using such data, companies and researchers can deploy complex algorithms and artificial intelligence technologies to reveal otherwise unascertained patterns, links, behaviors, trends, identities, and practical knowledge. The information that comprises Big Data arises from government and business practices, consumer transactions, and the digital applications sometimes referred to as the “Internet of Things.” Individuals invisibly contribute to Big Data whenever they live digital lifestyles or otherwise participate in the digital economy, such as when they shop with a credit card, get treated at a hospital, apply …
Manufacturer And Professional User's Liability For Defective Medical Equipment, Rosemary Rubin
Manufacturer And Professional User's Liability For Defective Medical Equipment, Rosemary Rubin
Akron Law Review
One particular area of product liability, however, has been slow to accept strict liability. In the field of medical devices and equipment the courts seem reluctant to find liability without a clear showing of negligence, whether the defendant is the doctor, the hospital, or the manufacturer of the product. In this paper the focus will be on the emerging law in this area regarding medical equipment made only for use by experts, including nurses, doctors, dentists, anesthesiologists, emergency personnel and hospitals. The discussion will exclude blood and drug cases for these lead to conclusions of their own. The concentration will …
The Role Of Litigation In The Fight Against Prescription Drug Abuse, Richard C. Ausness
The Role Of Litigation In The Fight Against Prescription Drug Abuse, Richard C. Ausness
Law Faculty Scholarly Articles
Prescription drug abuse problems have prompted a number of responses by both drug users (and abusers) and by various federal and state government agencies.
Part I of this Article examines the impressive array of liability theories that individual litigants have relied upon in their lawsuits against Purdue. These theories include: negligence; strict products liability, including design defect and inadequate warning claims; breach of the implied warranty of merchantability; violation of state consumer protection statutes; negligent marketing; fraudulent misrepresentation; civil conspiracy; and "malicious conduct." Purdue, the company that developed OxyContin, has pursued an aggressive "no settlement" policy and has chosen to …
Third Party Funding Of Personal Injury Tort Claims: Keep The Baby And Change The Bathwater, Terrence Cain
Third Party Funding Of Personal Injury Tort Claims: Keep The Baby And Change The Bathwater, Terrence Cain
Chicago-Kent Law Review
In the early 1990s, a period of high-risk lending at high interest rates, a new entrant emerged in civil litigation: the Litigation Finance Company (“LFC”). LFCs advance money to plaintiffs involved in contingency fee litigation. The money is provided on a non-recourse basis, meaning the plaintiff repays the LFC only if she obtains money from the lawsuit through a settlement, judgment, or verdict. If the plaintiff recovers nothing, she will not owe the LFC anything. When she does repay the LFC, however, she could end up paying as much as 280% of the amount advanced by the LFC. As one …
Are You Free To Contract Away Your Right To Bring A Negligence Claim?, Scott J. Burnham
Are You Free To Contract Away Your Right To Bring A Negligence Claim?, Scott J. Burnham
Chicago-Kent Law Review
This article explores the enforceability of the exculpatory clause—a contract term in which one party agrees to give up the right to bring a negligence claim against the other party. A spectrum of views on whether a contract containing such a clause is aberrant or not is presented and analyzed, followed by the author’s view of the rubric by which the enforceability of the clause should be measured. The article concludes by deconstructing one contract in which the clause was found.
An Essay On Torts: States Of Argument, Marshall S. Shapo
An Essay On Torts: States Of Argument, Marshall S. Shapo
Faculty Working Papers
This essay summarizes high points in torts scholarship and case law over a period of two generations, highlighting the "states of argument" that have characterized tort law over that period. It intertwines doctrine and policy. Its doctrinal features include the tradtional spectrum of tort liability, the duty question, problems of proof, and the relative incoherency of damages rules. Noting the cross-doctrinal role of tort as a solver of functional problems, it focuses on major issues in products liability and medical malpractice. The essay discusses such elements of policy as the role of power in tort law, the tension between communitarianism …
Consumer Harm Acts? An Economic Analysis Of Private Actions Under State Consumer Protection Acts, Henry N. Butler, Jason S. Johnston
Consumer Harm Acts? An Economic Analysis Of Private Actions Under State Consumer Protection Acts, Henry N. Butler, Jason S. Johnston
Faculty Working Papers
State Consumer Protection Acts (CPAs) were adopted in the 1960s and 1970s to protect consumers from unfair and deceptive practices that would not be redressed but for the existence of the acts. In this sense, CPAs were designed to fill existing gaps in market, legal and regulatory protections of consumers. CPAs were designed to solve two simple economic problems: 1) individual consumers often do not have the incentive or means to pursue individual claims against mass marketers who engage in unfair and deceptive practices; and, 2) because of the difficulty of establishing elements of either common law fraud or breach …
Brief Of Amicus Curiae Aarp In Support Of Respondents, Warner-Lambert Company Llc V. Kent, No. 06-1498 (U.S. Jan. 18, 2008), Kathryn A. Sabbeth, David C. Vladeck
Brief Of Amicus Curiae Aarp In Support Of Respondents, Warner-Lambert Company Llc V. Kent, No. 06-1498 (U.S. Jan. 18, 2008), Kathryn A. Sabbeth, David C. Vladeck
U.S. Supreme Court Briefs
No abstract provided.
Brief Of Consumers Union Of United States, Inc., As Amicus Curiae In Support Of Petitioners, Riegel & Riegel V. Medtronic, Inc., No. 06-179 (U.S. Aug. 27, 2007), Lisa Heinzerling
Brief Of Consumers Union Of United States, Inc., As Amicus Curiae In Support Of Petitioners, Riegel & Riegel V. Medtronic, Inc., No. 06-179 (U.S. Aug. 27, 2007), Lisa Heinzerling
U.S. Supreme Court Briefs
No abstract provided.
Pushing Drugs: Genomics And Genetics, The Pharmaceutical Industry, And The Law Of Negligence, Heidi Li Feldman
Pushing Drugs: Genomics And Genetics, The Pharmaceutical Industry, And The Law Of Negligence, Heidi Li Feldman
Georgetown Law Faculty Publications and Other Works
This article presents a piece of a larger, ongoing project on the phenomenon of market-driven manufacturing (MDM) and how tort law should address it. In contrast to the larger project, this article provides a relatively brief overview of the general phenomenon of MDM, but zeros in on how pharmaceutical manufacturers specifically practice MDM. MDM is a well-documented, much practiced activity, although American courts do not recognize MDM as a discrete category of conduct. The basic idea of MDM is that marketing considerations should continuously control every aspect and stage of a product's lifecycle. When a company engages in MDM, it …
Product Liability: A Commentary On The Liability Of Suppliers Of Component Parts And Raw Materials, David A. Fischer
Product Liability: A Commentary On The Liability Of Suppliers Of Component Parts And Raw Materials, David A. Fischer
Faculty Publications
The liability of suppliers of raw materials and component parts for harm caused by the product into which the materials have been incorporated poses difficult questions. When the raw material or component part is clearly defective, there is no question that the supplier is liable. Thus, where an ingredient in processed food is contaminated or where a truck tire has a flaw that causes a blowout, the supplier of the ingredient or the tire is liable. The difficult questions arise where the components are not inherently defective, but the finished product is defective because it lacks a safety feature or …
Computer Malpractice And Other Legal Problems Posed By Computer Vaporware, Ronald N. Weikers
Computer Malpractice And Other Legal Problems Posed By Computer Vaporware, Ronald N. Weikers
Villanova Law Review
No abstract provided.
On The Propriety Of The Public Interest Requirement In The Washington Consumer Protection Act—Wash. Rev. Code § 19.86, Susan K. Storey
On The Propriety Of The Public Interest Requirement In The Washington Consumer Protection Act—Wash. Rev. Code § 19.86, Susan K. Storey
Seattle University Law Review
This Note discusses first, whether the judicially created public interest element of a private consumer protection case can be justified by the language of the Consumer Protection Act and, second, assuming some justification for the element can be found, whether the public interest test, as delineated in Anhold v. Daniels and Hangman Ridge Training Stables, Inc. v. Safeco Title Insurance Co. serves a purpose intended by the legislature.” This Note concludes that the public interest element is unnecessary because it hinders and often prevents consumer litigation of private damage actions under the Act. Moreover, the public interest element cannot be …
Strict Liability And Warranty In Consumer Protection: The Broader Protection Of The Ucc In Cases Involving Economic Loss, Used Goods, And Nondangerous Defective Goods
Washington and Lee Law Review
No abstract provided.
Tort Law: Expanding The Scope Of Recovery Without Loss Of Jury Control, David A. Fischer
Tort Law: Expanding The Scope Of Recovery Without Loss Of Jury Control, David A. Fischer
Faculty Publications
This article will analyze the types of changes that are taking place by examining three expanding areas of tort law: liability for negligently inflicted mental distress, negligently inflicted pure pecuniary loss, and harm caused by defective products. This examination will demonstrate that the scope of liability can be increased in at least two ways. One is by formally expanding the scope of existing causes of action, e.g., relaxing arbitrary barriers to liability or expanding the type of damages which may be recovered. A second method is by relaxing judicial control over the jury. This relaxation of control can take place …
Products Liability--Functionally Imposed Strict Liability, David A. Fischer
Products Liability--Functionally Imposed Strict Liability, David A. Fischer
Faculty Publications
Many manufacturers and insurance companies claim that a products liability crisis exists. This is evidenced by soaring products liability insurance rates. They express the fear that as insurance becomes unavailable or prohibitively expensive, useful products will be withheld from the market and some manufacturers may even be forced out of business. Such critics of the tort system are calling for modifications of the common law in order to give greater protection to manufacturers. A more drastic approach, vigorously championed by Professor Jeffrey O'Connell, calls for total or partial abolition of the tort system and substitution with various forms of no-fault …
Products Liability--Applicability Of Comparative Negligence, David A. Fischer
Products Liability--Applicability Of Comparative Negligence, David A. Fischer
Faculty Publications
Products liability and comparative negligence are two very rapidly developing fields of tort law. In recent years, the vast majority of courts have adopted strict liability for harm caused by defective products. At the same time, the doctrine of comparative negligence has changed almost overnight from a doctrine that had been accepted by only a handful of jurisdictions into what is now the majority approach in this country.
Products Liability--Applicability Of Comparative Negligence To Misuse And Assumption Of The Risk, David A. Fischer
Products Liability--Applicability Of Comparative Negligence To Misuse And Assumption Of The Risk, David A. Fischer
Faculty Publications
A trend is emerging to apply comparative negligence in strict products liability actions. This creates two serious difficulties. First is the question of how to compare the negligence of one party with the strict liability of the other party.
Products Liability And Judicial Wealth Redistributions, Alan Schwartz
Products Liability And Judicial Wealth Redistributions, Alan Schwartz
Indiana Law Journal
No abstract provided.
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.
The Abc's Of Products Liability -- With A Close Look At Section 402a And The Code, Reed Dickerson
The Abc's Of Products Liability -- With A Close Look At Section 402a And The Code, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
The Basis Of Strict Products Liability, Reed Dickerson
The Basis Of Strict Products Liability, Reed Dickerson
Articles by Maurer Faculty
This paper was presented before the Division of Food Drug Cosmetic Law, Section of Corporation, Banking and Business Law of the American Bar Association at the Annual Meeting in St. Louis, August 9. It Is a companion paper to "Restatement or Reformation?" by William J. Condon, which appeared in the August, 1961 issue of this magazine. Mr. Dickerson Is Professor of Law at Indiana University and author of Products Liability and the Food Consumer.
The Expanding Risks Of Products Liability, Reed Dickerson
The Expanding Risks Of Products Liability, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Viewpoint Of The Consumer, Catherine H. Hotes
Viewpoint Of The Consumer, Catherine H. Hotes
Cleveland State Law Review
When Adam Smith described his self-regulating economy in the 1770's, he assumed that its motive power would be provided by the interplay of mutual demands and concessions between economic entities, and that such interplay would result in a balance of power. Since that time, the growth of huge corporations that employ modern technology, complex manufacturing processes, mass production, and mass advertising, into "clusters of private collectivisms" has substantially upset any such supposed balance of power.