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New Opportunities For Defense Attorneys: How Record Preservation Requirements In The 1996 Habeas Bill Expand Defense Strategies, Andrea Lyon Jan 1999

New Opportunities For Defense Attorneys: How Record Preservation Requirements In The 1996 Habeas Bill Expand Defense Strategies, Andrea Lyon

Law Faculty Publications

No abstract provided.


Concert Of Action By Substantial Assistance: What Ever Happened To Unconscious Aiding And Abetting, Dana Neacsu Jan 1999

Concert Of Action By Substantial Assistance: What Ever Happened To Unconscious Aiding And Abetting, Dana Neacsu

Law Faculty Publications

As one commentator has uncomfortably noted, in the 1980's, courts seemed inclined to develop and use theories of liability, which ensured that the risk of injury and loss was transferred from consumer victims to manufacturers and then, through the price mechanism, to the community-at-large. That was a time when courts seemed to be comfortable applying product liability without fault, and holding manufacturers as "insurers even for those products, which previously would not have been considered 'defective' in design, in manufacture, or in marketing." Since then, courts have scaled the doctrine back.