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Full-Text Articles in Law
A Century Of Change In Personal Injury Law, Stephen D. Sugarman
A Century Of Change In Personal Injury Law, Stephen D. Sugarman
Stephen D Sugarman
The 20th century witnessed enormous change in American personal injury law. Over the past 100 years, torts has emerged out of a largely ineffective backwater of the law. Today, tort doctrine has coalesced around a robust law of negligence, anchored not only in contemporary concerns about fairness, but also in considerations of loss spreading and safety promotion. Over the course of the 20th century, cultural change, change in the legal and other professions, changes in civil procedure and evidence law, the development of liability insurance, and more have made it both much easier and far more natural for accident victims …
Nuremberg In America: Litigating The Holocaust In United States Courts, Michael Bazyler
Nuremberg In America: Litigating The Holocaust In United States Courts, Michael Bazyler
Michael Bazyler
A comprehensive analysis of lawsuits filed in U.S. courts arising out of theft of assets from Jews during World War II.
Social Norms And Judicial Rulemaking: Commitment To Political Process And The Basis Of Tort Law, Martin A. Kotler
Social Norms And Judicial Rulemaking: Commitment To Political Process And The Basis Of Tort Law, Martin A. Kotler
Martin A. Kotler
This Article looks at the respective roles of judges and juries in common law civil litigation and considers the legitimacy of both in light of our essential commitment to majoritarian politics. It concludes that the legitimacy of judicial rulemaking is highly suspect and can be justified when necessary to protect the political process by policing fraud and under a few other narrow sets of circumstances. Jury decision-making, on the other hand, is by far more defensible representing, as it does, a form of direct participatory democracy.
Thus, although the tort reform debate often focuses on the conflict between legislative bodies …
Responsabilidad Extracontractual Y Otras Fuentes De Reparación De Daños "Collateral Source Rule" Y Afines, Fernando Gómez
Responsabilidad Extracontractual Y Otras Fuentes De Reparación De Daños "Collateral Source Rule" Y Afines, Fernando Gómez
Fernando Gómez Pomar
No abstract provided.