Law Commons^™

Lex Informatica: Foundations Of Law On The Internet, Aron Mefford

Indiana Journal of Global Legal Studies

No abstract provided.

Lessons From Away:An Interdisciplinary Collectionof Studies Exploring Whatcanada May Learn From Othercountries' Experiences Withhealth Care Reforms, Colleen M. Flood

Dalhousie Law Journal

The Canadian health care system is considered a shining example of what it is to be Canadian: to aspire to social justice goals and to achieve those goals at a reasonable cost.' Canadians take great pride in that, by any measure, their health care system is superior to the piece-meal, expensive, and unjust U.S. health care system.

Federalism And Investor Protection: Constitutional Restraints On Preemption Of State Remedies For Securities Fraud, Manning Gilbert Warren Iii

Law and Contemporary Problems

Warren discusses the Private Securities Litigation Reform Act and the National Securities Market Improvement Act, among other issues. Predominant federalism postulates foreclose the proposed intrusion into investors' tort remedies traditionally allowed by the states under common law.

Damages, Deterrence, And Antitrust—A Comment On Cooter, A. Douglas Melamed

Law and Contemporary Problems

Melamed offers a comment on Robert D. Cooter's article on punitive damages. Melamed relates the concept of antitrust to Cooter's valuable insights.

Punitive Damages, Social Norms, And Economic Analysis, Robert D. Cooter

Law and Contemporary Problems

Cooter offers an economic analysis of punitive damages, keeping in mind the role of social norms. Liability for compensatory damages provides efficient incentives for self-monitoring.

Of Characterization And Other Matters: Thoughts About Multiple Damages, G. Robert Blakey

Law and Contemporary Problems

Blakey argues that economic analysis in the courts must be substantially supported by other insights, say from ethics or history.

Battery And Beyond: A Tort Law Response To Environmental Racism, Kathy Seward Northern

William & Mary Environmental Law and Policy Review

No abstract provided.

Assumption Of Risk (The Monsanto Lecture), Stephen D. Sugarman

Stephen D Sugarman

Assumption of risk is a misleading and unhelpful tort doctrine. This article explains why this is so and how cases that are often based on assumption of risk should be decided by using other doctrinal categories.

"Shovels First And Lawyers Later": A Collision Course For Cercla Cleanups And Environmental Tort Claims, Gregory M. Romano

William & Mary Environmental Law and Policy Review

No abstract provided.

Reconceptualizing Strict Liability In Tort: An Overview, Martin A. Kotler

Vanderbilt Law Review

In a series of books and articles, Professor Marshall Shapo has developed the idea of American tort law as a "cultural mirror"--a legal system reflecting cultural norms that serves as the "intellectual and practical foundation for society's response to injuries." The "cultural mirror" metaphor captures both the notion that there is a substantive normative basis for tort law that exists within society and the procedural notion that tort law ensures that those underlying norms are reflected in the resolution of tort disputes.

Although I believe Professor Shapo's description to be fundamentally correct, it is also incomplete, and, as a result, …

Mass Tort Litigation: Congress's Silent, But Deadly, Reform Effort, Mary J. Davis

Law Faculty Scholarly Articles

This article explores the ways in which The Common Sense Product Liability and Legal

Reform Act (“Act”) treats mass tort litigation issues. The Act does so both directly and indirectly. The direct methods of reform are mostly industry-specific and, thus, almost inconsequential in contrast to the indirect treatment. The indirect, almost clandestine, methods of reform are the most insidious and provide the most cause for concern as Congress once again attempts to "reform" products liability by reintroducing the Act in 1997. Given the President's early indication that a reform measure could meet with his approval, but that this one in …

Foreword, Jean M. Eggen

Jean M. Eggen

No abstract provided.

Transferred Intent: Should Its "Curious Survival" Continue?, Osborne M. Reynolds Jr.

Oklahoma Law Review

No abstract provided.

Torts: Kirkpatrick V. Chrysler Corp.--Are YouSatisfied--Oklahoma's Rigid Application Of The One Satisfaction Rule Is Not So Rigid Anymore, Christopher T. Moore

Oklahoma Law Review

No abstract provided.

Employment Law: Report A Crime, Lose Your Job: The Oklahoma Supreme Court Reins In The Public Policy Exception In Hayes V. Eateries, Inc., M. Derek Zolner

Oklahoma Law Review

No abstract provided.

Limits On Preemption And Punitive Damages: Can They Be Related?, Peter Zablotsky

Scholarly Works

No abstract provided.

Conflicts And Defense Lawyers: From Triangles To Tetrahedrons, Tom Baker

All Faculty Scholarship

No abstract provided.

The Constitutional Limits Of Judicial Rulemaking: The Illegitimacy Of Mass-Tort Settlements Negotiated Under Federal Rule 23, Paul D. Carrington, Derek P. Apanovitch

Faculty Scholarship

No abstract provided.

Reconceptualizing Strict Liability In Tort: An Overview, Martin A. Kotler

Martin A. Kotler

Commonly, strict liability in tort is understood as doctrine that serves to impose liability based on the fact that the defendant caused the plaintiff’s harm, regardless of the culpability of the defendant’s conduct. This Article takes issue with that view and seeks to reconceptualize strict liability as doctrine which, like negligence, assesses the culpability of the defendant’s conduct. Negligence, however, judges the defendant’s conduct by comparing it the norms of behavior of the social group of which the defendant is a member. In contrast, strict liability assesses the defendant’s conduct by comparing it to the norms of behavior of that …