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Choice Of Law And Predictability Of Decisions In Products Liability Cases, Michael Ena
Choice Of Law And Predictability Of Decisions In Products Liability Cases, Michael Ena
Fordham Urban Law Journal
This Comment explores the complicated choice of law questions arising in products liability cases where the product in question is often produced in one state, sold in another, and caused an injury in a third. Which state's law will be used is often a highly contested issue among the interested parties to such a suit. Because of the lack of uniformity in the choice of law methodologies and the differences in rules of law among the states, decisions are often inconsistent and highly unpredictable. Predictability of law is especially important in the products liability context for identification of business risks …
Applying The Laws Of Logic To The Logic Of Laws, Hillel Bavli
Applying The Laws Of Logic To The Logic Of Laws, Hillel Bavli
Fordham Urban Law Journal
The article begins by discussing the difficulties of proving consistency within a formal legal system generally. After establishing the importance of a formalized legal model as a prerequisite of rigorous examination of consistency, it proceeds to investigate issues intrinsic to the current system of law that may prevent formalization of a just legal system as currently conceived. The article argues that flexibility inherent in a just legal system may foreclose the possibility of legal formalization or any comprehensive model thereof. The article concludes, however, that a model whose purpose is the examination of consistency within a system need not necessarily …