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2004

Selected Works

Torts

Articles 1 - 7 of 7

Full-Text Articles in Law

A New Approach To Old Cases: Reconsidering Statutes Of Limitation, Ehud Guttel, Michael Novick Dec 2004

A New Approach To Old Cases: Reconsidering Statutes Of Limitation, Ehud Guttel, Michael Novick

Ehud Guttel

Statutes of limitation currently occur in two forms. The first and traditional form defines a fixed period within which the plaintiff may file her claim, and bars a claim that is filed after this period. The second form, the discovery rule, softens the traditional statute’s bar when the plaintiff is reasonably unaware, for some time after the harm occurs, of some of the facts essential to her claim.

This Article proposes a new model of statue of limitation that transforms temporal limitation from a sanction rule to a price rule. The traditional regime and the discovery rule divide time into …

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Overcorrection, Ehud Guttel Nov 2004

Overcorrection, Ehud Guttel

Ehud Guttel

Models of rational thinking assume that individuals who need to add information and then subtract it will return to their original starting point. Empirical studies, however, show that individuals exposed to such addition-subtraction processes systematically tend to overcorrect. One study, for example, compared evaluations of two job candidates. The first candidate had two positive recommendation letters. The second candidate had a third, negative letter that was eventually discovered to be irrelevant. Participants perceived the second candidate as better, even though, in the end, both candidates presented the same information. The introduction and later rejection of the negative information led to …

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Documento D'Offerta Pubblica E Responsabilità Civile Nel Nuovo Diritto Tedesco, Valerio Sangiovanni Jan 2004

Documento D'Offerta Pubblica E Responsabilità Civile Nel Nuovo Diritto Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

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Public Nuisance Claims Against Gun Sellers: New Insights And Challenges, John G. Culhane, Jean M. Eggen Jan 2004

Public Nuisance Claims Against Gun Sellers: New Insights And Challenges, John G. Culhane, Jean M. Eggen

John G. Culhane

No abstract provided.

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When Would Jesus Sue? Tort Law In The Hands Of Christ, Randy Lee Dec 2003

When Would Jesus Sue? Tort Law In The Hands Of Christ, Randy Lee

Randy Lee

No abstract provided.

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Causation, Responsibility, Risk, Probability, Naked Statistics, And Proof: Pruning The Bramble Bush By Clarifying The Concepts, Translated Into Italian By Federico Stella, Richard W. Wright Dec 2003

Causation, Responsibility, Risk, Probability, Naked Statistics, And Proof: Pruning The Bramble Bush By Clarifying The Concepts, Translated Into Italian By Federico Stella, Richard W. Wright

Richard W. Wright

No abstract provided.

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The Calculus Of Animal Valuation: Crafting A Viable Remedy, Margit Livingston Dec 2003

The Calculus Of Animal Valuation: Crafting A Viable Remedy, Margit Livingston

Margit Livingston

This article examines the current tort doctrine that values companion animals only at fair market value, which is minimal for most pets. The author argues that this rule severely undercompensates most plaintiffs whose companion animals are destroyed through another's negligent or intentional act. Pet owners typically keep companion animals for relational, not economic, purposes. As a result, the formulation for tort damages should reflect the true worth of these creatures in our lives. The author proposes a damages scheme for plaintiffs under which they could recover the replacement cost of their deceased companion animal plus a limited amount of damages …

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