Law Commons^™

Substantive Corrective Justice, In Symposium, Corrective Justice And Formalism, Richard W. Wright

All Faculty Scholarship

No abstract provided.

The Logic And Fairness Of Joint And Several Liability, In Symposium, Comparative Negligence, Richard W. Wright

All Faculty Scholarship

No abstract provided.

The Unworkability Of Court-Made Enterprise Liability: A Reply To Geistfeld, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

A Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

The Georgia Jury And Negligence: The View From The (Federal) Bench, R. Perry Sentell Jr.

Scholarly Works

This is the second part of a two-part inquiry into the quality of jury performance in Georgia negligence cases. Evaluation begins from within. That is an especially prominent truth in respect to the trial of negligence cases. The lay-professional partnership composing the civil trial system is unique. the professional's continuity provides a point of perfect perspective on the transient lay component--both its capacity and its performance. If the professional will share that perspective, it can structure a benchmark for foundational appraisal. To their great credit, the state and federal trial judges of Georgia are unstinting in assisting to construct that …

Why Is Corrective Justice Just?, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Obsolete On Its Face: The Libel Per Quod Rule (With R. Meslar), Richard Conviser

All Faculty Scholarship

No abstract provided.

A Law & Economics Perspective On A "Traditional" Torts Case: Insights For Classroom And Courtroom, Robert H. Lande

All Faculty Scholarship

This article is from a symposium, "Five Approaches to Legal Reasoning in the Classroom: Contrasting Perspectives on O'Brien v. Cunard S.S. Co. Ltd.," 57 Missouri L. Rev. 345 (1992). The symposium contains five articles that analyze this case from, respectively, traditionalist, Law & Economics, Critical Legal Studies, Feminist, and Critical Race Theories perspectives.

This article analyzes the O'Brien case from a Law & Economics perspective. It does so in a manner suitable for presentation in a Torts class or a Law & Economics class. It explains the basic terminology and approach. It analyzes the economics underlying the vaccination requirement, whether …

Inside The Quiet Revolution In Products Liability, Theodore Eisenberg, James A. Henderson Jr.

Cornell Law Faculty Publications

"A bullet in the head of products liability reform." Thus did a lobbyist orally characterize our article in this law review, The Quiet Revolution in Products Liability, describing declining plaintiff success in products liability cases in the 1980s. From the coverage and criticism the Quiet Revolution received around the country and around the world, the trends we discovered struck many as surprising enough to be newsworthy and others as sufficiently threatening to warrant a special response. Products liability's sustained presence on state and federal legislative agendas warrants continuing and expanding the study begun in the Quiet Revolution.

This …

Why The Recent Shift In Tort?, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

The Fault Pit, David G. Owen

Faculty Publications

No abstract provided.

Scientific Policymaking And The Torts Revolution: The Revenge Of The Ordinary Observer, Michael Wells

Scholarly Works

My argument will make heavy use of a distinction, introduced by Professor Bruce Ackerman, between two styles of reasoning in addressing legal issues. One is the perspective of the "Ordinary Observer," who begins his analysis by looking at the common practices of laymen and makes legal rules based on the expectation of a well-socialized member of society, without regard to whether the resulting body of law fits into any coherent pattern. Ackerman contrasts this method with that of the "Scientific Policymaker," who begins from the premise that the law should serve some goal or small group of goals and who …

Tort Liability, The First Amendment, And Equal Access To Electronic Networks, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Women, Medical Care, And Mass Tort Litigation, Joan E. Steinman

All Faculty Scholarship

No abstract provided.

[Statement Before The Committee On The Judiciary And Committee On Human Services (Jointly) District Of Columbia City Council February 5 - 6, 1992, On Bill 9-285], J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Tort Remedies For Victims Of Domestic Abuse, Douglas D. Scherer

Scholarly Works

This Article discusses the use of intentional tort actions by victims of domestic abuse who seek monetary damages. Part I discusses the phenomenon of domestic abuse, with emphasis on physical and emotional harm and factures that justify punitive and compensatory damage awards. Part II discusses the torts of battery, assault and intentional infliction of emotional distress, and the appropriateness of these actions in domestic abuse cases. Part III discusses the interspousal immunity doctrine and demonstrates the limited extent to which the doctrine bars domestic abuse tort actions. Finally Part IV discusses judicial acceptance of tort actions in domestic abuse cases. …

A Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

New Developments In The Illinois Law Of Contribution Among Joint Tortfeasors, 23 Loy. U. Chi. L.J. 407 (1992), Kenneth Kandaras

UIC Law Open Access Faculty Scholarship

No abstract provided.

Jurors' Judgments Of Business Liability In Tort Cases: Implications For The Litigation Explosion, Valerie P. Hans, William S. Lofquist

Cornell Law Faculty Publications

Criticisms of the civil jury, including charges that the jury is biased against business, have been central to debates over the litigation explosion and demands for tort reform. This article seeks to inform these ongoing controversies by examining tort jurors' accounts of how they reached decisions in cases with business parties. Interviews and questionnaire data showed that jurors were skeptical of plaintiff tort cases against businesses, organized their accounts more on the actions and motivations of plaintiffs than on the responsibilities of business, and spoke often of the litigation crisis and the importance of limiting awards.

Ignoring History: The Liability Of Ships' Masters, Innkeepers And Stablekeepers Under Roman Law, David S. Bogen

Faculty Scholarship

No abstract provided.

Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Why Vosburg Comes First, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

The Moral Foundations Of Tort Law, Stephen R. Perry

All Faculty Scholarship

No abstract provided.

Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn

Articles

Since the adoption in 1919 of the Revenue Act of 1918, damages received on account of personal injuries or sickness have been excluded by statute from gross income.1 This exclusion, which does not apply to reimbursements for medical expenses for which the taxpayer was previously allowed a tax deduction,2 is presently set forth in section 104(a)(2). One might expect that a provision having recently attained the ripe age of 75 years without change in its basic language would have a settled meaning. However, recent litigation under section 104(a)(2) bristles with unsettled issues. Does the exclusion apply to punitive damages? To …

Causal Comparisons, Robert N. Strassfeld

Faculty Publications

Focusing on the multiple meanings of the statement "A was a more important cause of C than was B," Professor Strassfeld considers the feasibility of comparative causation as a means of apportioning legal responsibility for harms He concludes that by combining two different interpretations of "more important cause"--judgments of comparative counterfactual similarity and the Uniform Comparative Fault Act approach of comparative responsibility-we can effectively make causal comparisons and avoid the effort to compare such incommensurables as the defendant's fault under a strict liability standard and the plain- tiff's fault for failure to exercise reasonable care

Meta-Evidence: Do We Need It?, Christopher B. Mueller

Publications

No abstract provided.

Point, Andrew Popper

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Sticks And Stones Can Break My Name: Nondefamatory Negligent Injury To Reputation, Katharine B. Silbaugh

Faculty Scholarship

If a reputation is injured, does it matter whether defamation is the cause? Injury to reputation differs from other items of damage a plaintiff enumerates. Tradition links it to particular tortious conduct-defamation-on the part of a defendant. This Comment examines ordinary negligent conduct as an alternative ground for recovery for injury to reputation.

Uncommon Law And The Bill Of Rights: The Woes Of Constitutionalizing State Common-Law Torts, Elaine W. Shoben

Scholarly Works

During the two-hundred-year history of the Bill of Rights, the Supreme Court occasionally has used those first ten Amendments to constitutionalize state common-law torts. In this essay, Professor Elaine Shoben argues that the Court would be well advised to forgo that practice. Pointing to the Court's experience in constitutionalizing defamation law under the First Amendment, Professor Shoben says when the Court meddles in state tort law, the result is a highly complex and very unsatisfactory body of law. On the Bicentennial of the Bill of Rights, this author recommends that if the Court feels compelled to reform a state common-law …

Tort Law As A Comparative Institution, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.