Law Commons^™

The Logic And Fairness Of Joint And Several Liability, In Symposium, Comparative Negligence, Richard W. Wright

Richard W. Wright

No abstract provided.

A Restatement Of Torts , Stephen D. Sugarman

Stephen D Sugarman

This article reviews the American Law Institute's effort to look at tort law from the wider perspecive of "enterprise responsibility."

Tort Liability, The First Amendment, And Equal Access To Electronic Networks, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

Comment, Limits On The Privity And Assignment Of Legal Malpractice Claims, Tom Bell

Tom W. Bell

No abstract provided.

Competing Conceptions Of Autonomy: A Reappraisal Of The Basis Of Tort Law, Martin A. Kotler

Martin A. Kotler

Seeking to identify and describe the essential values underlying tort law, this Article attempts to demonstrate that tort law is a system that simultaneously seeks to promote both efficiency and individual autonomy. It argues, however, that efficiency is a secondary goal of tort law that comes to the fore when it is inexpedient, impossible or unnecessary to promote the primary value of autonomy.

The primacy of autonomy, however, is often obscured by the fact that our conception of autonomy has evolved over the years. Once understood in terms of an individual’s rights in private property, autonomy is now widely perceived …

Fashioning Procedural And Substantive Due Process Arguments In Toxic And Other Tort Actions Involving Punitive Damages After Pacific Mutual Life Insurance Co. V. Haslip, James R. May

James R. May

This article predicted that one of the most important issues in future tort litigation would be the role of the Due Process Clause of the Fourteenth Amendment in constraining the imposition of punitive damages by state court juries. In Pacific Mutual Life Insurance Co. v. Haslip, the Supreme Court found that the Due Process Clause of the Fourteenth Amendment limits, but does not prohibit, the imposition of punitive damages. The article argues that procedural due process would be protected by giving the jury adequate guidance on the nature and purpose of punitive damages, by using post-verdict judicial review to assure …

Recovery By Stepchildren In Wrongful Death Actions, Robyn L. Meadows

Robyn L Meadows

No abstract provided.

A Look At God, Feminism, And Tort Law, Randy Lee

Randy Lee

No abstract provided.

Nader's Failures?, Stephen D. Sugarman

Stephen D Sugarman

How can we improve auto safety? Has federal legislation helped? Has Ralph Nader helped? What about tort law? These matters are explored thorugh a review of Mashaw and Harfst's book "The Struggle for Auto Safety."