Law Commons^™

Governmental Liability Under Cercla, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Divestment Of Federal Water Projects, A. Jack Garner

Dams: Water and Power in the New West (Summer Conference, June 2-4)

21 pages.

Contains references.

Revisiting The Intersection Of Workers' Compensation And Product Liability: An Assessment Of A Proposed Federal Solution To An Old Problem, Thomas A. Eaton

Scholarly Works

This article addresses a less publicized, but potentially far reaching provision of the Product Liability Legal Reform Act of 1996: the provision pertaining to the intersection of product liability and workers' compensation. The prototypical case is one in which an employee is injured on the job and the injury is caused, at least in part, by a defective product. In many instances, the employer may also be at fault. This scenario potentially calls into play both the product liability and the workers' compensation systems, raising certain relevant questions. Can the employee secure compensation benefits from the employer and tort damages …

Mass Tort Litigation: Congress's Silent, But Deadly, Reform Effort, Mary J. Davis

Law Faculty Scholarly Articles

This article explores the ways in which The Common Sense Product Liability and Legal

Reform Act (“Act”) treats mass tort litigation issues. The Act does so both directly and indirectly. The direct methods of reform are mostly industry-specific and, thus, almost inconsequential in contrast to the indirect treatment. The indirect, almost clandestine, methods of reform are the most insidious and provide the most cause for concern as Congress once again attempts to "reform" products liability by reintroducing the Act in 1997. Given the President's early indication that a reform measure could meet with his approval, but that this one in …

Form Contracts Under Revised Article 2 (Symposium: Consumer Protection And The Uniform Commercial Code), James J. White

Articles

The current draft of section 2-206 in Revised Article 2 of the Uniform Commercial Code ("UCC") entitled "Consumer Contract: Standard Form"1 presents a unique and threatening challenge to the drafters of consumer form contracts. In earlier drafts, one part of the section applied to both to commercial contracts and consumer contracts. It required that "one manifest assent" to any form contract, commercial or consumer, in order for it to be binding.2 Bowing to commercial opposition in the most recent version, the drafters have omitted all reference to commercial contracts. As the section stands, it applies only to consumer contracts.

Consent, Contract, And The Responsibilities Of Insurance Defense Counsel, Robert H. Jerry Ii

Faculty Publications

This paper examines some of the assumptions on which many contemporary assessments of defense counsel's relationship with the insurer and the policyholder rest, contends that some of the current turmoil in this area is traceable to shaky assumptions, and argues that the drafting of clearer liability insurance contracts would add stability to the relationships. Part I briefly describes the current uncertainty confronting policyholders and defense counsel. Part II explores what the most widely-used liability insurance contracts say about the responsibilities of insurance defense counsel, examining both the context in which these policies are sold and the texts themselves. It contends …

The Cathedral' At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab

Articles

It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability' Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article-which, thanks to its subtitle, we shall call The Cathedral-has had a remarkable influence on our own thinking, as we tried to show in a recent paper2 This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the conventional wisdom about …