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Articles 1 - 21 of 21
Full-Text Articles in Law
Liability For Ai Decision-Making: Some Legal And Ethical Considerations, Iria Giuffrida
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
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
William & Mary Law Review
No abstract provided.
Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.