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Full-Text Articles in Law

Liability For Ai Decision-Making: Some Legal And Ethical Considerations, Iria Giuffrida Nov 2019

Liability For Ai Decision-Making: Some Legal And Ethical Considerations, Iria Giuffrida

Faculty Publications

No abstract provided.


The Misuse Of Product Misuse: Victim Blaming At Its Worst, Robert A. Adler, Andrew F. Popper Feb 2019

The Misuse Of Product Misuse: Victim Blaming At Its Worst, Robert A. Adler, Andrew F. Popper

William & Mary Business Law Review

This Paper addresses the legal consequences that surface when a consumer uses a product in a manner not specifically intended by that product’s designer or manufacturer. If a product is used in a reasonably foreseeable manner, the fact that the use is at odds with a manufacturer’s intention should not be a basis to deny tort liability or limit the regulatory options of the Consumer Product Safety Commission. If a product proves to be unsafe, defective, dangerous, or otherwise hazardous to users and consumers, use patterns should not be the primary determinant in assessing regulatory and common law sanctions or …


Tort, Not Contract: An Argument For Reevaluating The Economic Loss Rule And Classifying Building Damage As "Other Property" When It Is Caused By Defective Construction Materials, J. Brandon Sieg Oct 2011

Tort, Not Contract: An Argument For Reevaluating The Economic Loss Rule And Classifying Building Damage As "Other Property" When It Is Caused By Defective Construction Materials, J. Brandon Sieg

William & Mary Law Review

No abstract provided.


Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass Apr 2009

Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass

William & Mary Law Review

This Article considers the broad range of "tort experiments" states have undertaken in recent years, as well as the changing attitudes of Congress and the Supreme Court toward state tort law. Notably, while states have limited tort rights and remedies in the products liability and personal injury areas in recent years, they have at the same time increased tort rights and remedies to address new societal problems associated with privacy, publicity, consumer protection, and environmental harm. At the same time, however, Congress has eliminated state tort law entirely in targeted areas without replacing it with corresponding federal remedies. The Supreme …


A Products Liability Theory For The Judicial Regulation Of Insurance Policies, Daniel Schwarcz Mar 2007

A Products Liability Theory For The Judicial Regulation Of Insurance Policies, Daniel Schwarcz

William & Mary Law Review

Many insurance law commentators believe that judges should regulate the substance of insurance policies by refusing to enforce insurance policy terms that are exploitive or otherwise unfair. The most common guide for the judicial regulation of insurance policies is the "reasonable expectations doctrine," which requires courts to disregard coverage restrictions that are beyond insureds' reasonable expectations unless the insurer specifically informed the insured about the restriction at the time of purchase. This Article argues that although the judiciary has a potential role to play in policing insurance policy terms, that role should not be defined by reference to consumers' reasonable …


Hormone Replacement Therapy In The Wake Of The Women's Health Initiative Study: An Opportunity To Reexamine The Learned Intermediary Doctrine, Kate Miller Oct 2005

Hormone Replacement Therapy In The Wake Of The Women's Health Initiative Study: An Opportunity To Reexamine The Learned Intermediary Doctrine, Kate Miller

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Will Big Tobacco Seek Bankruptcy Protection? A $145 Billion Verdict Poses The Question, Mark Gottlieb, Richard A. Daynard Dec 2001

Will Big Tobacco Seek Bankruptcy Protection? A $145 Billion Verdict Poses The Question, Mark Gottlieb, Richard A. Daynard

William & Mary Environmental Law and Policy Review

No abstract provided.


The End Of The Defendant Advantage In Tobacco Litigation, Howard M. Erichson Oct 2001

The End Of The Defendant Advantage In Tobacco Litigation, Howard M. Erichson

William & Mary Environmental Law and Policy Review

No abstract provided.


A Tale Of Two Concurrences: Same-Sex Marriage And Products Liability, John G. Culhane Feb 2001

A Tale Of Two Concurrences: Same-Sex Marriage And Products Liability, John G. Culhane

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


W(H)Ither Warranty: The B(L)Oom Of Products Liability Theory In Cases Of Deficient Software Design, Peter A. Alces Jan 1999

W(H)Ither Warranty: The B(L)Oom Of Products Liability Theory In Cases Of Deficient Software Design, Peter A. Alces

Faculty Publications

No abstract provided.


Rolling The "Barrel" A Little Further: Allowing Res Ipsa Loquitur To Assist In Proving Strict Liability In Tort Manufacturing Defects, Matthew R. Johnson Mar 1997

Rolling The "Barrel" A Little Further: Allowing Res Ipsa Loquitur To Assist In Proving Strict Liability In Tort Manufacturing Defects, Matthew R. Johnson

William & Mary Law Review

No abstract provided.


Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah Apr 1996

Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah

William & Mary Law Review

No abstract provided.


Truth & Beauty, Deception & Disfigurement: A Feminist Analysis Of Breast Implant Litigation, Kerith Cohen Oct 1994

Truth & Beauty, Deception & Disfigurement: A Feminist Analysis Of Breast Implant Litigation, Kerith Cohen

William & Mary Journal of Race, Gender, and Social Justice

In her recent book, The Beauty Myth,' Naomi Wolf discusses the phenomenon in which a woman links her identity to her physical appearance. Wolf presents the beauty myth as a sequel to the feminine mystique2 "discovered" by Betty Friedan.3 The feminine mystique depicts happy womanhood as a "modern" suburban housewife.4 The beauty myth, on the other hand, depicts the modern happy woman as physically perfect. 5 "The beauty myth tells a story: the quality called 'beauty' objectively and universally exists. Women must want to embody it and men must want to possess women who embody it."'

This Note explores how …


Beyond Consolidation: Postaggregative Procedure In Asbestos Mass Tort Litigation, Linda S. Mullenix Mar 1991

Beyond Consolidation: Postaggregative Procedure In Asbestos Mass Tort Litigation, Linda S. Mullenix

William & Mary Law Review

No abstract provided.


Alternatives To Manufacturer Liability For Injuries Caused By The Sabin-Type Oral Polio Vaccines, Faye F. Spence May 1986

Alternatives To Manufacturer Liability For Injuries Caused By The Sabin-Type Oral Polio Vaccines, Faye F. Spence

William & Mary Law Review

No abstract provided.


Aircraft Crashworthiness: Should The Courts Set Standards?, Scott G. Lindvall Feb 1986

Aircraft Crashworthiness: Should The Courts Set Standards?, Scott G. Lindvall

William & Mary Law Review

No abstract provided.


Manufacturers' Strict Liability For Injuries From A Well-Made Handgun, Gerard M. Mackarevich Apr 1983

Manufacturers' Strict Liability For Injuries From A Well-Made Handgun, Gerard M. Mackarevich

William & Mary Law Review

No abstract provided.


Innovation In The Law Of Warranty: The Burden Of Reform, Timothy J. Sullivan Jan 1980

Innovation In The Law Of Warranty: The Burden Of Reform, Timothy J. Sullivan

Faculty Publications

No abstract provided.


Products Liability - Manufacturers' Strict Liability For Enhanced Injuries Due To Design Defects. Badorek V. General Motors Corp., 11 Cal. App. 3d 902, 90 Cal. Rptr. 305 (1970), Daniel J. Perry Oct 1971

Products Liability - Manufacturers' Strict Liability For Enhanced Injuries Due To Design Defects. Badorek V. General Motors Corp., 11 Cal. App. 3d 902, 90 Cal. Rptr. 305 (1970), Daniel J. Perry

William & Mary Law Review

No abstract provided.


Constitutional Law - Due Process - Jurisdiction Over Alien Corporation In Products Liability Action. Duple Motor Bodies, Ltd. V. Hollingsworth, 417 F.2d 231 (9th Cir. 1969), Richard B. Blackwell May 1970

Constitutional Law - Due Process - Jurisdiction Over Alien Corporation In Products Liability Action. Duple Motor Bodies, Ltd. V. Hollingsworth, 417 F.2d 231 (9th Cir. 1969), Richard B. Blackwell

William & Mary Law Review

No abstract provided.


Torts - Liability For The Endorser Of A Product - Hanberry V. Hearst Corp., __Cal. App. 3rd __, 81 Cal. Rptr. 519 (1969), Bruce E. Titus Mar 1970

Torts - Liability For The Endorser Of A Product - Hanberry V. Hearst Corp., __Cal. App. 3rd __, 81 Cal. Rptr. 519 (1969), Bruce E. Titus

William & Mary Law Review

No abstract provided.