Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legislation (2)
- State and Local Government Law (2)
- Business Organizations Law (1)
- Civil Procedure (1)
- Commercial Law (1)
-
- Constitutional Law (1)
- Consumer Protection Law (1)
- Courts (1)
- Criminal Procedure (1)
- Environmental Law (1)
- First Amendment (1)
- Insurance Law (1)
- International Trade Law (1)
- Judges (1)
- Jurisprudence (1)
- Legal Profession (1)
- Legal Remedies (1)
- Litigation (1)
- Property Law and Real Estate (1)
- Supreme Court of the United States (1)
- Tax Law (1)
- Transnational Law (1)
- Transportation Law (1)
- Institution
Articles 1 - 13 of 13
Full-Text Articles in Law
The Economic Efficiency Of The Robust Rules Of Modern Product Liability Law, Ronald Sisselman, David R. Wade
The Economic Efficiency Of The Robust Rules Of Modern Product Liability Law, Ronald Sisselman, David R. Wade
Northern Illinois University Law Review
Since the 1960's, courts have embraced rules imposing "strict liability" on manufacturers for defective products while eschewing traditional negligence rules. This shift has generated considerable scholarship. Much of this scholarship has utilized economic models to analyze legal rules in terms of their economic efficiency. This article, by partitioning the "accident event space," derives and focuses on an alternative set of economically efficient "robust rules" to the inappropriate and narrow "simple rules" derived by previous scholars. Through an examination of existing case law, this article demonstrates that these economically efficient "robust rules" more accurately explain courts' notion of strict liability and …
Market-Share Liability After Hymowitz And Conley: Exploring The Limits Of Judicial Power, Christopher J. Mcguire
Market-Share Liability After Hymowitz And Conley: Exploring The Limits Of Judicial Power, Christopher J. Mcguire
University of Michigan Journal of Law Reform
This Note surveys the development of market-share liability and examines the limits on the power of state and federal courts to impose liability on defendants through market-share liability. Part I examines briefly the development of market-share liability in the early 1980s. It then explores how the New York Court of Appeals extended market-share liability in Hymowitz v. Eli Lilly and explores this case's ramifications. Part I also draws on a recent Florida case, Conley v. Boyle Drug Co., for further insight into the problems surrounding market-share liability litigation. Part II argues that jurisdictional limitations, such as standing to sue …
Practice Guidelines As Legal Standards Governing Physician Liability, Clark C. Havighurst
Practice Guidelines As Legal Standards Governing Physician Liability, Clark C. Havighurst
Law and Contemporary Problems
The utility of medical practice guidelines in the law of medical malpractice was studied. Contrary to the views of most physicians and policy makers, practice guidelines should be allowed to evolve in a pluralistic fashion.
Personal Liability Of The Military Official, Byard Q. Clemmons
Personal Liability Of The Military Official, Byard Q. Clemmons
Georgia State University Law Review
No abstract provided.
Easment Holder Liability Under Cercla: The Right Way To Deal With Rights-Of-Way, Jill D. Neiman
Easment Holder Liability Under Cercla: The Right Way To Deal With Rights-Of-Way, Jill D. Neiman
Michigan Law Review
Responding to growing public concern about the accumulation of toxic wastes, Congress in 1980 passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA authorizes federal action to clean up, or to require others to clean up, leaking hazardous waste sites. Congress placed the financial burden for this cleanup on those responsible for the problem and on those who benefited from improper methods of hazardous waste disposal. Through this liability scheme, Congress also intended CERCLA to encourage responsible or benefited parties to respond voluntarily to the hazardous waste problem.
Part I asserts that CERCLA's legislative history, when read against …
Building On Macnamara V. Korean Air Lines, Steven M. Tapper
Building On Macnamara V. Korean Air Lines, Steven M. Tapper
Vanderbilt Journal of Transnational Law
This Note explores the possibility of applying Title VII's disparate impact liability theory against foreign companies operating under Treaties of Friendship, Commerce, and Navigation (FCN Treaties). The author questions the reasoning of MacNamara v. Korean Air Lines, which applied disparate treatment, but not disparate impact, against a Korean company operating under an FCN Treaty. According to MacNamara, if courts permit plaintiffs in Title VII-FCN Treaty cases to utilize the disparate impact theory and cite statistical disparities in the racial composition of the work force as evidence of discrimination, employers could be held liable merely for exercising their FCN Treaty rights. …
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
This Case Digest provides brief analyses of cases that represent current aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. These cases are grouped in topical categories and references are given for further research.
TABLE OF CONTENTS
I. ALIENS: CITIZENSHIP AND NATURALIZATION ......... 857
II. TAXATION AND FOREIGN COMMERCE .................. 862
III. AIR CARRIER LIABILITY--WARSAW CONVENTION ........ 865
The Need For Revisiting The Imposition Of Bad Faith Liability: Industrial Indemnity Co. V. Kallevig, J. Benson Porter, Jr.
The Need For Revisiting The Imposition Of Bad Faith Liability: Industrial Indemnity Co. V. Kallevig, J. Benson Porter, Jr.
Seattle University Law Review
This Note posits two recommendations. First, in order to harmonize the bad faith standards applied in Kallevig and Gingrich, the Kallevig reasonable justification standard should be applied in situations involving questions similar to those confronted by the Gingrich court. Second, this Note contends that the Kallevig court's analysis imposing liability under the CPA was defective because it failed to take proper account of the frequency requirement within the unfair trade practices regulations. By ignoring the frequency provision, the Kallevig decision allows inconsistent treatment of similar factual situations depending on whether the decision is being made by an agency or …
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Touro Law Review
No abstract provided.
Note: The Personal Liability Of Directors In Florida: Whose Corporation Is It Anyway?*, Riah Ramlogan Seuradge
Note: The Personal Liability Of Directors In Florida: Whose Corporation Is It Anyway?*, Riah Ramlogan Seuradge
Nova Law Review
During the 1980's a serious crisis developed in the insurance industry
which threatened to expose corporate directors to personal liability
Liability For Construction Defects In Residential Realty: A Re-Examination In Light Of Kennedy V. Columbia Lumber & Manufacturing Co., Richard C. Webb
Liability For Construction Defects In Residential Realty: A Re-Examination In Light Of Kennedy V. Columbia Lumber & Manufacturing Co., Richard C. Webb
South Carolina Law Review
No abstract provided.
Fairness Opinions And Negligent Misrepresentation: Defining Investment Bankers' Duty To Third-Party Shareholders, Michael W. Martin
Fairness Opinions And Negligent Misrepresentation: Defining Investment Bankers' Duty To Third-Party Shareholders, Michael W. Martin
Fordham Law Review
No abstract provided.
Book Review, Richard Gruner
Book Review, Richard Gruner
Vanderbilt Journal of Transnational Law
Large corporations are important, yet enigmatic, participants in world commerce. International corporate behavior is morally and legally significant because of its immense scope and societal impact. That behavior, however, is often so complex as to defy characterization under the simple moral or legal standards applicable to individuals. Furthermore, the ability of traditional moral or legal systems to shape multinational corporate conduct is also unclear given that large corporate bureaucracies lack the motivations and fears normally used to enforce moral or legal accountability. As one frustrated court noted, the problem is that corporations have "no soul to damn, and no body …