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Articles 1 - 19 of 19
Full-Text Articles in Law
Negligence, Strict Liability, And Manufacturer Failure To Warn: On Fitting Round Pegs In A Square Hole, Denis W. Boivin
Negligence, Strict Liability, And Manufacturer Failure To Warn: On Fitting Round Pegs In A Square Hole, Denis W. Boivin
Dalhousie Law Journal
In the common law provinces of Canada, it is generally recognized that a plaintiff in a products liability action in tort must prove four elements in order to succeed: first, that the product contains a defect traceable either to its manufacture, to its design, orto its warnings or instructions; second, that the defendant manufacturer was somehow negligent in connection with this defect; third, that there is some causal connection between the manufacturer's negligence and the damages suffered by the plaintiff; and fourth, that these damages are such as to give rise to compensation in law. In the United States, in …
Proportional Liability: Statistical Evidence And The Probability Paradox, David A. Fischer
Proportional Liability: Statistical Evidence And The Probability Paradox, David A. Fischer
Faculty Publications
Three major policies underlie tort liability: deterrence, compensation, and corrective justice. A primary justification for proportional liability is its alleged superiority in advancing the tort policy of deterrence. This Article demonstrates a significant flaw in this claim by showing that the use of tort liability in multiple cause cases involving statistical evidence in fact serves the policy of deterrence quite poorly.
Law And Economics, Michael J. Trebilcock
Law And Economics, Michael J. Trebilcock
Dalhousie Law Journal
Prior to 1960, most North American law schools paid attention only to anti-trust, public utility regulation, and perhaps tax policy from a law and economics perspective (sometimes referred to as the "old" law and economics). However, beginning in the early 1960's with pioneering articles by Guido Calabresi on tort law and Ronald Coase (the 1991 recipient of the Nobel Prize in Economics) on property rights, followed by prolific writings and a comprehensive text by Richard Posner on a vast range of legal issues, the field of law and economics has burgeoned with many lawyers and economists around the world now …
Robinson Crusoe Torts, Carl M. Sellinger
Robinson Crusoe Torts, Carl M. Sellinger
West Virginia Law Review
No abstract provided.
An Ali Report Markets A Defective Product: Errors At Retail And Wholesale, Marshall S. Shapo
An Ali Report Markets A Defective Product: Errors At Retail And Wholesale, Marshall S. Shapo
San Diego Law Review
This Article analyzes a chapter in the Reporters' Study on Enterprise Responsibility for Personal Injury, the chapter titled "Product Defects and Warnings." The author is highly critical of the Study, noting its lack of depth of historical focus, its failure to take existing doctrine with sufficient seriousness, and its deficiencies in both terminology and analysis. The author argues that the Study fails to give sufficient weight to competing points of view, and that it consistently fails to present specific and relevant applications. The author concludes that the Study itself is a defective product.
The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury: Perspectives On The Tort System And The Liability Crisis
San Diego Law Review
In 1986 a number of prominent legal scholars embarked upon a project commissioned by the American Law Institute to re-examine contemporary tort and personal injury law. Five years later, the results of this project came to fruition in a two-volume study entitled Reporters' Study on Enterprise Responsibility for Personal Injury. After a year's debate within the American Law Institute about the broad range of issues canvassed by the Study, the Institute's Executive Council endorsed the value of the Study for deliberations about tort reform going on in both legislative and judicial forums. This is the introductory chapter of each volume …
Overview Of Feminist Torts Scholarship , Leslie Bender
Overview Of Feminist Torts Scholarship , Leslie Bender
Cornell Law Review
No abstract provided.
"Pay At The Pump" Auto Insurance: The California Vehicle Injury Plan (Vip) For Better Compensation, Fairer Funding, And Greater Safety, Stephen D. Sugarman
"Pay At The Pump" Auto Insurance: The California Vehicle Injury Plan (Vip) For Better Compensation, Fairer Funding, And Greater Safety, Stephen D. Sugarman
Stephen D Sugarman
This small book offers the basic argument for a comprehensive auto no-fault plan that is largely funded by payments made as motorists purchase gasoline. This VIP "Pay at the Pump" plan would replace the current scheme of tort liability and private automobile liability insurance. It would save most motorists money, it would more fairly price the cost of auto accidents, it would promote safer cars and safer driving, and it would far better compensate victims (especially seriously injured victims) of auto accidents than does the current scheme.
Responsibility For Human Suffering: Awareness Participation And The Frontiers Of Tort Law , Timothy D. Lytton
Responsibility For Human Suffering: Awareness Participation And The Frontiers Of Tort Law , Timothy D. Lytton
Cornell Law Review
No abstract provided.
Reflections On The Historical Context Of Section 402a, Oscar S. Gray
Reflections On The Historical Context Of Section 402a, Oscar S. Gray
Faculty Scholarship
No abstract provided.
Natural Resources Policy And Law: Trends And Directions, Lawrence J. Macdonnell, Sarah F. Bates
Natural Resources Policy And Law: Trends And Directions, Lawrence J. Macdonnell, Sarah F. Bates
Books, Reports, and Studies
This digital resource contains only an abstract, cover image and table of contents information from the published book.
Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b143382~S0
Contents: Rethinking resources : reflections on a new generation of natural resources law and policy / Lawrence J. MacDonnell, Sarah F. Bates -- Natural resources law : an historical perspective / Clyde O. Martz -- Trends in public land law : (a title the inaccuracy of which should become manifest) / George Cameron Coggins -- Mineral law in the United States : a study in legal change …
The Congress, The Courts And Computer Based Communications Networks: Answering Questions About Access And Content Control - Introduction, Henry H. Perritt Jr.
The Congress, The Courts And Computer Based Communications Networks: Answering Questions About Access And Content Control - Introduction, Henry H. Perritt Jr.
Villanova Law Review
No abstract provided.
The Case For A Feminist Torts Casebook, Carl Tobias
The Case For A Feminist Torts Casebook, Carl Tobias
Villanova Law Review
No abstract provided.
Introduction, Honorable George C. Pratt
Reflections On The Historical Context Of Section 402a, Oscar S. Gray
Reflections On The Historical Context Of Section 402a, Oscar S. Gray
Touro Law Review
No abstract provided.
Caps On Noneconomic Damages And The Female Plaintiff: Heeding The Warning Signs, Lisa M. Ruda
Caps On Noneconomic Damages And The Female Plaintiff: Heeding The Warning Signs, Lisa M. Ruda
Case Western Reserve Law Review
No abstract provided.
Environmental Torts, Troyen A. Brennan
Environmental Torts, Troyen A. Brennan
Vanderbilt Law Review
Over the last two decades, a new class of torts has emerged that targets personal injuries caused by toxic substances in the environment. These hybrid environmental torts are quite distinct from the trespass-nuisance precedent that is part of traditional tort theory; nor are environmental torts simply a subset of the mass hazardous sub- stance litigation that has remade product liability law. Environmental torts are informed, in a way product law is not, by environmental regulation. These torts are unique because their deterrent signal is transmitted to producers of hazardous environmental pollutants by litigants who have suffered physical injury or disease. …
Strict Products Liability Under Restatement (Second) Of Torts § 402a: "Don't Throw Out The Baby With The Bathwater", M. Stuart Madden
Strict Products Liability Under Restatement (Second) Of Torts § 402a: "Don't Throw Out The Baby With The Bathwater", M. Stuart Madden
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Forewarned Is Forearmed: The Crime Awareness And Campus Security Act Of 1990 And The Future Of Institutional Liability For Student Victimization, Michael C. Griffaton
Forewarned Is Forearmed: The Crime Awareness And Campus Security Act Of 1990 And The Future Of Institutional Liability For Student Victimization, Michael C. Griffaton
Case Western Reserve Law Review
No abstract provided.