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Full-Text Articles in Law

A Century Of Change In Personal Injury Law, Stephen D. Sugarman Nov 2000

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 ...


Coches Y Accidentes (Ii): Algunos Problemas Del Seguro De Responsabilidad Civil Del Automóvil, Fernando Gómez Jan 2000

Coches Y Accidentes (Ii): Algunos Problemas Del Seguro De Responsabilidad Civil Del Automóvil, Fernando Gómez

Fernando Gómez Pomar

No abstract provided.


Daño Moral, Fernando Gómez Jan 2000

Daño Moral, Fernando Gómez

Fernando Gómez Pomar

No abstract provided.


Nuremberg In America: Litigating The Holocaust In United States Courts, Michael Bazyler Dec 1999

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 Dec 1999

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 Dec 1999

Responsabilidad Extracontractual Y Otras Fuentes De Reparación De Daños "Collateral Source Rule" Y Afines, Fernando Gómez

Fernando Gómez Pomar

No abstract provided.