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Articles 1 - 10 of 10
Full-Text Articles in Law
Causation In Tort Law, Richard W. Wright
Causation In Tort Law, Richard W. Wright
All Faculty Scholarship
No abstract provided.
Deterrence And Desert In Tort: A Comment, David G. Owen
Deterrence And Desert In Tort: A Comment, David G. Owen
Faculty Publications
No abstract provided.
A Suggested Remedy For Toxic Injury: Class Actions, Epidemiology, And Economic Efficiency, Colin H. Buckley
A Suggested Remedy For Toxic Injury: Class Actions, Epidemiology, And Economic Efficiency, Colin H. Buckley
William & Mary Law Review
No abstract provided.
Retribution And Deterrence: The Role Of Punitive Damages In Products Liability Litigation, Richard C. Ausness
Retribution And Deterrence: The Role Of Punitive Damages In Products Liability Litigation, Richard C. Ausness
Law Faculty Scholarly Articles
Punitive damages constitute an award to an injured party above what is necessary to compensate for actual loss. This Article considers whether punitive damages are an effective means of promoting the goals of products liability law. Section I traces the use of punitive damages in products liability litigation from the early 1960's to the present time. Section II examines the traditional rationales for punitive damages and considers whether they are appropriate in the products liability context. Finally, Section III evaluates some of the measures that commentators have proposed to adapt more fully the concept of punitive damages to products liability …
Foreward: The Use And Control Of Punitive Damages, David Owen
Foreward: The Use And Control Of Punitive Damages, David Owen
Faculty Publications
No abstract provided.
Torts, Ralph Michael Stein
Torts, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
About the only thing a teacher of tort law can be sure of is that each year he or she will witness new efforts, some successful and most not, to extend the reach and effect of the law of private wrongs. Last year's Survey article analyzed a wide range of tort issues and while New York courts handed down fewer tort opinions of broad implication this Survey year, there is much to study and to apply in future litigation. As always, tort law is a somewhat quixotic but nonetheless valid barometer of shifting societal and judicial values about the nature …
Compensation For Victims Of Hazardous Substance Exposure, J. David Prince
Compensation For Victims Of Hazardous Substance Exposure, J. David Prince
Faculty Scholarship
Hazardous wastes, threatening environmental and human safety, are being generated at an alarming rate. In this Article, J. David Prince discusses the threats posed by hazardous wastes and the remedies that are available in Minnesota for dealing with those threats. Professor Prince analyzes a proposed compensation scheme for victims of hazardous waste exposure in Minnesota and suggests that a modification of that scheme be adopted by the Minnesota Legislature.
Torts, Charles O. Lorenson
Tender Offer Litigation And State Law, Mark J. Loewenstein
Tender Offer Litigation And State Law, Mark J. Loewenstein
Publications
The recent spate of hostile takeover battles has focused attention and criticism on the federal securities laws. Most claims of defeated offerors and disappointed shareholders have been based on sections 14(e) and 10(b) of the Securities Exchange Act of 1934. The United States Supreme Court, however, has limited such federal remedies and suggested that plaintiffs bring state-law actions for interference with a prospective economic advantage. Professor Loewenstein discusses this tort, which has not been used widely in this context, and reviews the tort's traditional elements, its formulation in the Restatement (Second) of Torts, and its recent treatment by state courts. …
Battling A Receding Tort Frontier: Constitutional Attacks On Medical Malpractice Laws, David Randolph Smith
Battling A Receding Tort Frontier: Constitutional Attacks On Medical Malpractice Laws, David Randolph Smith
Oklahoma Law Review
No abstract provided.