Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Torts (8)
- Civil Procedure (5)
- Contracts (3)
- Insurance Law (3)
- Litigation (3)
-
- Comparative and Foreign Law (2)
- Constitutional Law (2)
- Courts (2)
- Criminal Law (2)
- Criminal Procedure (2)
- Intellectual Property Law (2)
- Internet Law (2)
- Other Law (2)
- Banking and Finance Law (1)
- Business Organizations Law (1)
- Civil Law (1)
- Commercial Law (1)
- Entertainment, Arts, and Sports Law (1)
- Evidence (1)
- Health Law and Policy (1)
- International Law (1)
- Judges (1)
- Law Enforcement and Corrections (1)
- Oil, Gas, and Mineral Law (1)
- Public Law and Legal Theory (1)
- Supreme Court of the United States (1)
- Institution
-
- Vanderbilt University Law School (7)
- University of Michigan Law School (3)
- Duke Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- Chicago-Kent College of Law (1)
-
- Fordham Law School (1)
- Marquette University Law School (1)
- Nova Southeastern University (1)
- Saint Louis University School of Law (1)
- Schulich School of Law, Dalhousie University (1)
- Selected Works (1)
- St. Mary's University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Florida Levin College of Law (1)
- University of Kentucky (1)
- University of Richmond (1)
- Yeshiva University, Cardozo School of Law (1)
- Publication
-
- Vanderbilt Law Review (4)
- Scholarly Works (3)
- Articles (2)
- Law and Contemporary Problems (2)
- Michigan Law Review (2)
-
- All Faculty Scholarship (1)
- Dalhousie Law Journal (1)
- Faculty Articles (1)
- Fordham Journal of Corporate & Financial Law (1)
- ILSA Journal of International & Comparative Law (1)
- Joan E. Steinman (1)
- Law Faculty Scholarly Articles (1)
- Marquette Sports Law Review (1)
- Richmond Journal of Global Law & Business (1)
- Saint Louis University Law Journal (1)
- UF Law Faculty Publications (1)
- Vanderbilt Journal of Entertainment & Technology Law (1)
- Vanderbilt Journal of Transnational Law (1)
- Vanderbilt Law School Faculty Publications (1)
- Publication Type
Articles 1 - 27 of 27
Full-Text Articles in Law
The Pathological Politics Of Criminal Law, William J. Stuntz
The Pathological Politics Of Criminal Law, William J. Stuntz
Michigan Law Review
Substantive criminal law defines the conduct that the state punishes. Or does it? If the answer is yes, it should be possible, by reading criminal codes (perhaps with a few case annotations thrown in), to tell what conduct will land you in prison. Most discussions of criminal law, whether in law reviews, law school classrooms, or the popular press, proceed on the premise that the answer is yes. Law reform movements regularly seek to broaden or narrow the scope of some set of criminal liability rules, always on the assumption that by doing so they will broaden or narrow the …
Scientific Ignorance And Reliable Patterns Of Evidence In Toxic Tort Causation: Is There A Need For Liability Reform?, Carl F. Cranor, David A. Eastmond
Scientific Ignorance And Reliable Patterns Of Evidence In Toxic Tort Causation: Is There A Need For Liability Reform?, Carl F. Cranor, David A. Eastmond
Law and Contemporary Problems
As a first step to preserving the central aims of tort law, courts will need to recognize the wide variety of respectable, reliable patterns of evidence on which scientists themselves rely for drawing inferences about the toxicity of substances. Courts may also need to take further steps to address the woeful ignorance about the chemical universe. This may necessitate changes in the liability rules.
Causation, Contribution, And Legal Liability: An Empirical Study, Lawrence M. Solan, John M. Darley
Causation, Contribution, And Legal Liability: An Empirical Study, Lawrence M. Solan, John M. Darley
Law and Contemporary Problems
This article presents empirical evidence of the ways people compare judgments of liability with judgments of causation and contribution. Specifically, the article reports the results of experiments designed to show whether people regard causation and enablement as necessary elements of liability.
Reconceptualizing The Expert Witness: Social Costs, Current Controls And Proposed Responses, Jeffrey L. Harrison
Reconceptualizing The Expert Witness: Social Costs, Current Controls And Proposed Responses, Jeffrey L. Harrison
UF Law Faculty Publications
Unlike virtually any other business, expert witnesses are not typically held accountable in either tort or contract law for their commercial activities. This means that many are inclined to deliver what the market demands - partisan, biased, or plainly dishonest testimony - without concern for the costs this testimony may impose on others. This immunity from the internalization of the social cost of their testimony is hard to reconcile with any moral or economic standard. Harsh judicial reactions to some experts and a slight increase in expert witness liability may signal that a change in the privileged status of experts …
The Passing Of Palsgraf?, Ernest J. Weinrib
The Passing Of Palsgraf?, Ernest J. Weinrib
Vanderbilt Law Review
According to a well-known story, Cardozo's Palsgraf opinion' was born in his attendance at the discussion of the Restatement (First) of Torts. If the formulations now proposed for the Restatement (Third) of Torts (proposed "Restatement") stand, the Palsgraf case--indeed the whole notion of duty as a viable element of negli- gence analysis-- will effectively be dead. The proposed Restatement suggests that "duty is a non-issue" confined to unusual cases where "special problems of principle or policy... justify the withholding of liability." Duty has then merely a negative significance. It refers not to an element necessary to establish the defendant's liability, …
The Theory Of Tort Doctrine And The Restatement (Third) Of Torts, Keith N. Hylton
The Theory Of Tort Doctrine And The Restatement (Third) Of Torts, Keith N. Hylton
Vanderbilt Law Review
Though at times a source of controversy, the American Law Institute performs an enormous public service through its Restatement projects. One of the initial hurdles any such project confronts is whether it should aim to clarify and illuminate the law, or to push the law in a certain direction. I think the Restatement project is most productive when it aims to clarify and illuminate rather than guide or control the development of legal doctrine. Efforts to guide and control risk producing questionable interpretations of the aw, undermining the value of the Restatement in the long run. Fortunately, the Restatement of …
Financial Responsibility Requirements For Oil And Gas Activities Offshore Nova Scotia And Newfoundland, Boris Bde Jonge
Financial Responsibility Requirements For Oil And Gas Activities Offshore Nova Scotia And Newfoundland, Boris Bde Jonge
Dalhousie Law Journal
This article outlines the regime of statutory liability and financial responsibility requirements for the Nova Scotia and Newfoundland offshore areas with a particular emphasis on the content and validityof the Nova Scotia and Newfoundland Boards' jointly issued Guidelines for Financial Responsibility.
Legal Cause: Cause-In-Fact And The Scope Of Liability For Consequences, Jane Stapleton
Legal Cause: Cause-In-Fact And The Scope Of Liability For Consequences, Jane Stapleton
Vanderbilt Law Review
The project to restate the law of torts offers a number of opportunities.' One is law reform, as the last two Restatements concerning products liability illustrate. Another is to reflect on doctrinal history, both in the case law and in the academy. Yet an- other, and the one I focus on, is the opportunity to clarify legal concepts, if necessary by reformulation and restructuring, in order to assist courts to manage new challenges that have emerged since the last Restatement. Few areas in the law of tort are in more need of this re-evaluation than the area covered by the …
Reinventing The “Legislative Intent, Or Rather The Legislative Mandate” On Dram Shop Liability In Missouri: A Look At Kilmer V. Mun, Michael L. Young
Reinventing The “Legislative Intent, Or Rather The Legislative Mandate” On Dram Shop Liability In Missouri: A Look At Kilmer V. Mun, Michael L. Young
Saint Louis University Law Journal
No abstract provided.
Introduction: The Third Restatement Of Torts: General Principles And The John W. Wade Conference, John C.P. Goldberg
Introduction: The Third Restatement Of Torts: General Principles And The John W. Wade Conference, John C.P. Goldberg
Vanderbilt Law Review
The American Law Institute ("ALT") is in the midst of constructing the Restatement (Third) of Torts. Two parts of the project have already been completed and published as, respectively, the Restatement (Third): Products Liability and the Restatement (Third): Apportionment of Liability. The next component, a Restatement of the "General Principles" of tort, is underway. The goal for this facet of the overall project is to provide a coherent and usable account of fundamental tort concepts including intent, negligence, duty, actual and proximate cause, abnormally dangerous activity, and the like.
Conjunction And Aggregation, Saul Levmore
Conjunction And Aggregation, Saul Levmore
Michigan Law Review
This Article begins with the puzzle of why the law avoids the issue of conjunctive probability. Mathematically inclined observers might, for example, employ the "product rule," multiplying the probabilities associated with several events or requirements in order to assess a combined likelihood, but judges and lawyers seem otherwise inclined. Courts and statutes might be explicit about the manner in which multiple requirements should be combined, but they are not. Thus, it is often unclear whether a factfinder should assess if condition A was more likely than not to be present - and then go on to see whether condition B …
Leach Keynote Address, James A. Leach
Leach Keynote Address, James A. Leach
Fordham Journal of Corporate & Financial Law
No abstract provided.
Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman
Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman
All Faculty Scholarship
In this Article, I consider whether "limited generosity" classes may be used to determine a defendant's entire liability for punitive damages arising from a defined course of conduct. The goals of such a class action would include adequately punishing and deterring the defendant, keeping the defendant's liability within state-mandated and constitutional limits, and facilitating equitable distribution of the damages among injured plaintiffs. The Article describes the legal limits on punitive damages liability that states have established and that the Supreme Court has held substantive due process to impose, and then carefully examines whether such limits constitute a predicate for mandatory …
Economy Class Syndrome: A First Class Liability, Bill Cotterall
Economy Class Syndrome: A First Class Liability, Bill Cotterall
ILSA Journal of International & Comparative Law
Economy Class Syndrome is a condition coined from the cramped seating conditions passengers often experience while riding in coach or economy class on commercial air carriers.'
Better Patent Law For International Commitment - The Amendment Of Chinese Patent Law, Jiwen Chen
Better Patent Law For International Commitment - The Amendment Of Chinese Patent Law, Jiwen Chen
Richmond Journal of Global Law & Business
On August 25, 2000, the Chinese National People’s Congress (“NPC”) passed and amendment to the Chinese Patent Law. The Chinese Patent Law was enacted in 1984 and first amended in 1992. This second Amendment, in August of 2000, was made in anticipation of China’s accession to World Trade Organization (“WTO”) and in response to the need for protection of domestinc intellectual property rights.
Precontractual Reliance, Lucian A. Bebchuk, Omri Ben-Shahar
Precontractual Reliance, Lucian A. Bebchuk, Omri Ben-Shahar
Articles
During contractual negotiations, parties often make reliance expenditures that would increase the surplus should a contract be made. This paper analyzes decisions to invest in precontractual reliance under alternative legal regimes. Investments in reliance will be socially suboptimal in the absence of any precontractual liability-and will be socially excessive under strict liability for all reliance expenditures. Given the results for these polar cases, we focus on exploring how "intermediate"-liability rules could be best designed to induce efficient reliance decisions. One of our results indicates that the case for liability is shown to be stronger when a party retracts from terms …
Jurors, Judges, And The Mistreatment Of Risk By The Courts, W. Kip Viscusi
Jurors, Judges, And The Mistreatment Of Risk By The Courts, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
A sample of almost 500 jury-eligible citizens considered a series of experimental situations involving accidents. The juror sample did not properly apply negligence rules, as their errors were particularly great for low-probability, large-loss cases. They also penalized corporations for undertaking corporate risk analyses that seek to trade off cost versus risk reduction benefits. Jurors' damages assessments were also more prone to error than were responses by a sample of state judges. Judges were less prone to erroneous risk beliefs and less subject to the zero-risk mentality.
Distinguishing The Concept Of Strict Liability For Ultra-Hazardous Activities From Strict Products Liability Under Section 402a Of The Restatement (Second) Of Torts: Two Parallel Lines Of Reasoning That Should Never Meet, Charles E. Cantú
Faculty Articles
Strict liability for ultra-hazardous activities is entirely different from strict products liability. Since strict liability has been applied to so-called dangerous or ultra-hazardous activities, the application has been limited to instances where the defendant has, for his own purpose, created an abnormal risk of harm to those surrounding him, and therefore should pay for any resulting injury. Section 520 of the Restatement (Second) of Torts explains how one weighs the risk of harm emanating from ultra-hazardous activities against the appropriateness to its surroundings. This is not, however, how one determines the applicability of strict liability in the area of defective …
Transmissions Of Music On The Internet, Daniel J. Gervais
Transmissions Of Music On The Internet, Daniel J. Gervais
Vanderbilt Journal of Transnational Law
This Article examines the status of copyright laws in several countries as they pertain to transmissions of music on the Internet. Because the exact legal ramifications of music transmissions over the Internet are currently unclear, the Author compares copyright laws of six major markets and examines the potential application of the copyright laws and other rights that may apply. The Article also discusses rules concerning which transborder transmissions are likely to be covered by a country's national laws, as well as specific rules applying to the liability of intermediaries. Next, the Article summarizes the comparative findings and discusses the relevant …
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 2000 and 2001.
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 2000 and 2001.
Why Traditional Insurance Policies Are Not Enough: The Nature Of Potential E-Commerce Losses & Liabilities, Anna Lee
Vanderbilt Journal of Entertainment & Technology Law
There are two general categories of insurance policies: first-party policies and third-party/liability policies. First-party polices provide benefits directly to policyholders for losses suffered by the policyholders. For example, fire damage to the policyholder's plant or financial loss resulting from the interruption of the policyholder's business would be covered under the first-party insurance. Generally, these first-party losses are covered under policies such as "all risk," "named peril," "business interruption," or "expense to reduce loss" coverages. Among these various types of first-party policies, "all risk" insurance policies provide the broadest coverages.
Third-party or liability policies provide protection for claims against the policyholder …
Quality Control, Enterprise Liability, And Distintermediation In Managed Care, Nicole Huberfeld, John V. Jacobi
Quality Control, Enterprise Liability, And Distintermediation In Managed Care, Nicole Huberfeld, John V. Jacobi
Law Faculty Scholarly Articles
In this article, the authors examine the potential of enterprise liability in light of current health-care finance realities. The article begins by addressing background issues of medical malpractice theory and the development of proposals for a form of plan-based enterprise medical liability centered on managed care organizations (MCOs). The authors then describe recent trends in the evolution of more loosely structured MCOs, including the emergence of "disintermediated," or patient-directed, plans. The authors examine the extent to which these developments weaken the rationales for plan-based enterprise liability. The article concludes nevertheless that plan-based enterprise liability best serves the goal of reducing …
Golf And Torts: An Interesting Twosome, John J. Kircher
Golf And Torts: An Interesting Twosome, John J. Kircher
Marquette Sports Law Review
No abstract provided.
Liability For Increased Risk Of Harm: A Lawyer's Response To Professor Shafer, Melanie B. Leslie
Liability For Increased Risk Of Harm: A Lawyer's Response To Professor Shafer, Melanie B. Leslie
Articles
No abstract provided.
Should Juries Be Informed That Municipality Will Indemnify Officer’S 1983 Liability For Constitutional Wrongdoing?, Martin A. Schwartz
Should Juries Be Informed That Municipality Will Indemnify Officer’S 1983 Liability For Constitutional Wrongdoing?, Martin A. Schwartz
Scholarly Works
No abstract provided.
Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman
Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman
Joan E. Steinman
In this Article, I consider whether "limited generosity" classes may be used to determine a defendant's entire liability for punitive damages arising from a defined course of conduct. The goals of such a class action would include adequately punishing and deterring the defendant, keeping the defendant's liability within state-mandated and constitutional limits, and facilitating equitable distribution of the damages among injured plaintiffs. The Article describes the legal limits on punitive damages liability that states have established and that the Supreme Court has held substantive due process to impose, and then carefully examines whether such limits constitute a predicate for mandatory …