Law Commons^™

Perpetuating Injustice: Analyzing The Maryland Court Of Appeals’S Refusal To Change The Common Law Doctrine Of Contributory Negligence, Andrew White

Maryland Law Review

No abstract provided.

Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Donald G. Gifford, Brian Jones

Faculty Scholarship

This Article presents an empirical analysis of how race, income inequality, the regional history of the South, and state politics affect the development of tort law. Beginning in the mid-1960s, most state appellate courts rejected doctrines such as contributory negligence that traditionally prevented plaintiffs’ cases from reaching the jury. We examine why some, mostly Southern states did not join this trend.

To enable cross-state comparisons, we design an innovative Jury Access Denial Index (JADI) that quantifies the extent to which each state’s tort doctrines enable judges to dismiss cases before they reach the jury. We then conduct a multivariate analysis …

The Constitutional Bounding Of Adjudication: A Fuller(Ian) Explanation For The Supreme Court's Mass Tort Jurisprudence, Donald G. Gifford

Faculty Scholarship

In this Article, I argue that the Supreme Court is implicitly piecing together a constitutionally mandated model of bounded adjudication governing mass torts, using decisions that facially rest on disparate constitutional provisions. This model constitutionally restricts common law courts from adjudicating the rights, liabilities, and interests of persons who are neither present before the court nor capable of being defined with a reasonable degree of specificity. I find evidence for this model in the Court’s separate decisions rejecting tort-based climate change claims, global settlements of massive asbestos litigation, and punitive damages awards justified as extra-compensatory damages. These new forms of …

Climate Change And The Public Law Model Of Torts: Reinvigorating Judicial Restraint Doctrines, Donald G. Gifford

Faculty Scholarship

The Article traces the origins of climate change litigation back to earlier forms of “public interest tort litigation,” including government actions against the manufacturers of cigarettes, handguns and lead pigment. Public interest tort litigation is different in kind from traditional tort actions, even asbestos and other mass products litigation. These new lawsuits address society-wide or even worldwide problems and seek judicially imposed regulatory regimes. As such, they more closely resemble civil rights litigation and what Abram Chayes deemed “the public law model” than they do earlier tort actions. I conclude that the public law model of tort litigation is the …

Tort Liability For Vendors Of Insecure Software: Has The Time Finally Come?, Michael D. Scott

Maryland Law Review

No abstract provided.

Reservoirs Of Danger: The Evolution Of Public And Private Law At The Dawn Of The Information Age, Danielle Keats Citron

Faculty Scholarship

A defining problem at the dawn of the Information Age will be securing computer databases of ultra-sensitive personal information. These reservoirs of data fuel our Internet economy but endanger individuals when their information escapes into the hands of cyber-criminals. This juxtaposition of opportunities for rapid economic growth and novel dangers recalls similar challenges society and law faced at the outset of the Industrial Age. Then, reservoirs collected water to power textile mills: the water was harmless in repose but wrought havoc when it escaped. After initially resisting Rylands v. Fletcher’s strict liability standard as undermining economic development, American courts …

Beyond Compensation: Using Torts To Promote Public Health, Elizabeth A. Weeks

Journal of Health Care Law and Policy

No abstract provided.

The Challenge To The Individual Causation Requirement In Mass Products Torts, Donald G. Gifford

Faculty Scholarship

This article uses the example of mass products torts to test the traditional principle that requires a specific victim to prove that a particular injurer caused her harm in order to establish tort liability. Proponents of the instrumentalist conception of torts, notably those identified with law and economics such as Calabresi and Posner, view any requirement of individualized causation as “old-fashioned” and inconsistent with their goals of achieving loss minimization and loss distribution or wealth maximization. In contrast, corrective justice theorists, such as Ernest Weinrib, argue that particularized causation is intrinsic to the entire notion of tort liability. The judicial …

Deterrence Or Disgorgement? Reading Ciraolo After Campbell, Anthony J. Sebok

Maryland Law Review

No abstract provided.

Introduction Of Guido Calabresi, Oscar S. Gray

Maryland Law Review

No abstract provided.

The Peculiar Challenges Posed By Latent Diseases Resulting From Mass Products, Donald G. Gifford

Faculty Scholarship

Legal actions against manufacturers of products that cause latent diseases, such as asbestos products, cigarettes, lead-pigment, and Agent Orange, are the signature torts of our time. Yet within this rather important subset of tort liability, it is unlikely that the imposition of liability actually results in loss prevention. Three factors, present in varying combinations in the context of latent diseases resulting from product exposure, frustrate the deterrent impact of liability. First, an extended period of time—sometimes decades—passes between the time of the manufacturer’s distribution of the product and the imposition of liability. Second, the accident compensation system frequently is unable …

Guido Calabresi's The Costs Of Accidents: A Reassessment, Richard A. Posner

Maryland Law Review

No abstract provided.

The Costs Of Dispositionism: The Premature Demise Of Situationist Law And Economics, Adam Benforado, Jim Hanson

Maryland Law Review

No abstract provided.

Calabresi And The Intellectual History Of Law And Economics, Keith N. Hylton

Maryland Law Review

No abstract provided.

Causation And Responsibility: The Compensation Principle From Grotius To Calabresi, Francesco Parisi, Vincy Fon

Maryland Law Review

No abstract provided.

"There Have To Be Four" , Frank I. Michelman

Maryland Law Review

No abstract provided.

Whatever Happened To Law And Economics?, Anita Bernstein

Maryland Law Review

No abstract provided.

The Costs Of The Costs Of Accidents , Jules Coleman

Maryland Law Review

No abstract provided.

The Costs Of Accidents: A Retrospect View From The Cathedral, Izhak Englard

Maryland Law Review

No abstract provided.

Accidents Of The Great Society, John C.P. Goldberg, Benjamin C. Zipursky

Maryland Law Review

No abstract provided.

Happy No More: Federalism Derailed By The Court That Would Be King Of Punitive Damages, Michael L. Rustad

Maryland Law Review

No abstract provided.

The Renaissance Of Accident Law Plans Revisited, Robert L. Rabin

Maryland Law Review

No abstract provided.

Pricelessness And Life: An Essay For Guido Calabresi , Gregory C. Keating

Maryland Law Review

No abstract provided.

The Rise And Fall Of Law And Economics: An Essay For Judge Guido Calabresi, Ugo Mattei

Maryland Law Review

No abstract provided.

Are Tradeoffs Between Justice And Welfare Possible? Calabresi And Dworkin On The Normative Foundations Of Law And Economics, Hanoch Sheinman

Maryland Law Review

No abstract provided.

Revisiting The Noninsurable Costs Of Accidents, Catherine M. Sharkey

Maryland Law Review

No abstract provided.

Liability Insurance And Accident Prevention: The Evolution Of An Idea, Kenneth S. Abraham

Maryland Law Review

No abstract provided.

The Peculiar Challenges Posed By Latent Diseases Resulting From Mass Products, Donald G. Gifford

Maryland Law Review

No abstract provided.

Neologisms Revisited, Guido Calabresi

Maryland Law Review

No abstract provided.

Federal Influences On The Treatment Of Law And Fact In Tort Litigation, Robert E. Keeton

Maryland Law Review

No abstract provided.