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Articles 1 - 21 of 21

Full-Text Articles in Law

The Logic And Fairness Of Joint And Several Liability, In Symposium, Comparative Negligence, Richard W. Wright Dec 1992

The Logic And Fairness Of Joint And Several Liability, In Symposium, Comparative Negligence, 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 Nov 1992

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

Richard W. Wright

No abstract provided.


Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts , James A. Henderson Jr., Aaron D. Twerski Sep 1992

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

Cornell Law Review

No abstract provided.


Hahn V. Superior Court: Failing To Take The Doctrine Of Strict Premises Liability To Its Logical Conclusion, Raquel Maria Prieguez Aug 1992

Hahn V. Superior Court: Failing To Take The Doctrine Of Strict Premises Liability To Its Logical Conclusion, Raquel Maria Prieguez

San Diego Law Review

This Casenote questions the holding in Hahn v. Superior Court, decided by the California Court of Appeals in 1991. In Hahn, the Court of Appeals refused to extend the doctrine of strict liability to the owner of a shopping mall based on a defective commercial establishment. The Casenote argues that the development of the doctrine of strict premises liability was arrested prematurely by the courts in California due to their effort to curb the tide of plaintiff compensation. The author argues that defective commercial establishments place the public in as much risk of harm as manufacturers of defective products. The ...


Death Of Contract And The Rise Of Tort , Robert H. Bork Jul 1992

Death Of Contract And The Rise Of Tort , Robert H. Bork

Cornell Law Review

No abstract provided.


A Restatement Of Torts , Stephen D. Sugarman Apr 1992

A Restatement Of Torts , Stephen D. Sugarman

Stephen D Sugarman

This article reviews the American Law Institute's effort to look at tort law from the wider perspecive of "enterprise responsibility."


Tort Liability, The First Amendment, And Equal Access To Electronic Networks, Henry Perritt Mar 1992

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

Henry H. Perritt, Jr.

No abstract provided.


Tort Liability, The First Amendment, And Equal Access To Electronic Networks, Henry H. Perritt Jr. Mar 1992

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

All Faculty Scholarship

No abstract provided.


The Unanswered Questions Of Christopherson V. Allied Signal Corporation, Richard O. Faulk Jan 1992

The Unanswered Questions Of Christopherson V. Allied Signal Corporation, Richard O. Faulk

Richard Faulk

In Christophersen v. Allied-Signal Corp. , the Fifth Circuit sitting en banc announced a controversial new test for evaluating the admissibility of scientific evidence. An earlier panel decision reversed a summary judgment for the defendant chemical manufacturers, holding that the testimony of the plaintiffs' expert regarding cancer causation was not so fundamentally unreliable that it should be excluded from jury consideration. On rehearing en banc, a divided court disagreed with the panel decision and affirmed the district court's summary judgment rendered on behalf of the chemical manufacturers. In general, the court required experts to base their opinions upon facts which ...


Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks Jan 1992

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

Faculty Scholarship

No abstract provided.


Is An Employment-Discrimination Award Taxable?, L. Scott Stafford Jan 1992

Is An Employment-Discrimination Award Taxable?, L. Scott Stafford

Faculty Scholarship

No abstract provided.


Government Liability For Economic Losses: The Case Of Regulatory Failure, David S. Cohen Jan 1992

Government Liability For Economic Losses: The Case Of Regulatory Failure, David S. Cohen

Pace Law Faculty Publications

Compensation claims against provincial and federal governments are largely a product of the second half of the 20th century. The initial surge of cases after the enactment of the federal Crown Liability Act in 1953--mirrored also in developments at the provincial level-- were typically "private" tort claims. Indeed a significant percentage of claims against the federal government continue to be nothing more than automobile accident, occupier liability claims and lawsuits arising out of similar relatively minor bureaucratic error. Recently, however, as a result of both the imagination of litigators and the growth of the regulatory state, claims against governments have ...


The Intellectual Ordering Of Contemporary Tort Law, Marc Feldman Jan 1992

The Intellectual Ordering Of Contemporary Tort Law, Marc Feldman

Maryland Law Review

No abstract provided.


Uncommon Law And The Bill Of Rights: The Woes Of Constitutionalizing State Common-Law Torts, Elaine W. Shoben Jan 1992

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 ...


The Admissibility Of Expert Testimony In Brainwashing-Related Cases - Should Witnesses Be Fryed?, Virginia M. Fournier Jan 1992

The Admissibility Of Expert Testimony In Brainwashing-Related Cases - Should Witnesses Be Fryed?, Virginia M. Fournier

Santa Clara Law Review

No abstract provided.


Comment, Limits On The Privity And Assignment Of Legal Malpractice Claims, Tom Bell Dec 1991

Comment, Limits On The Privity And Assignment Of Legal Malpractice Claims, Tom Bell

Tom W. Bell

No abstract provided.


Competing Conceptions Of Autonomy: A Reappraisal Of The Basis Of Tort Law, Martin A. Kotler Dec 1991

Competing Conceptions Of Autonomy: A Reappraisal Of The Basis Of Tort Law, Martin A. Kotler

Martin A. Kotler

Seeking to identify and describe the essential values underlying tort law, this Article attempts to demonstrate that tort law is a system that simultaneously seeks to promote both efficiency and individual autonomy. It argues, however, that efficiency is a secondary goal of tort law that comes to the fore when it is inexpedient, impossible or unnecessary to promote the primary value of autonomy.

The primacy of autonomy, however, is often obscured by the fact that our conception of autonomy has evolved over the years. Once understood in terms of an individual’s rights in private property, autonomy is now widely ...


Fashioning Procedural And Substantive Due Process Arguments In Toxic And Other Tort Actions Involving Punitive Damages After Pacific Mutual Life Insurance Co. V. Haslip, James R. May Dec 1991

Fashioning Procedural And Substantive Due Process Arguments In Toxic And Other Tort Actions Involving Punitive Damages After Pacific Mutual Life Insurance Co. V. Haslip, James R. May

James R. May

This article predicted that one of the most important issues in future tort litigation would be the role of the Due Process Clause of the Fourteenth Amendment in constraining the imposition of punitive damages by state court juries. In Pacific Mutual Life Insurance Co. v. Haslip, the Supreme Court found that the Due Process Clause of the Fourteenth Amendment limits, but does not prohibit, the imposition of punitive damages. The article argues that procedural due process would be protected by giving the jury adequate guidance on the nature and purpose of punitive damages, by using post-verdict judicial review to assure ...


Recovery By Stepchildren In Wrongful Death Actions, Robyn L. Meadows Dec 1991

Recovery By Stepchildren In Wrongful Death Actions, Robyn L. Meadows

Robyn L Meadows

No abstract provided.


A Look At God, Feminism, And Tort Law, Randy Lee Dec 1991

A Look At God, Feminism, And Tort Law, Randy Lee

Randy Lee

No abstract provided.


Nader's Failures?, Stephen D. Sugarman Dec 1991

Nader's Failures?, Stephen D. Sugarman

Stephen D Sugarman

How can we improve auto safety? Has federal legislation helped? Has Ralph Nader helped? What about tort law? These matters are explored thorugh a review of Mashaw and Harfst's book "The Struggle for Auto Safety."