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Evidence Commons

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Articles 1 - 4 of 4

Full-Text Articles in Evidence

Working Without A Net: The Third Circuit Juggles Skepticism And Deference Inside The Ring Of Products Liability Experts After The Daubert Trilogy In Pineda V. Ford Motor Co. & (And) Calhoun V. Yamaha Corp., Jennifer E. Burke Jan 2009

Working Without A Net: The Third Circuit Juggles Skepticism And Deference Inside The Ring Of Products Liability Experts After The Daubert Trilogy In Pineda V. Ford Motor Co. & (And) Calhoun V. Yamaha Corp., Jennifer E. Burke

Villanova Law Review

No abstract provided.


Torts And Innovation, Gideon Parchomovsky, Alex Stein Nov 2008

Torts And Innovation, Gideon Parchomovsky, Alex Stein

Michigan Law Review

This Essay exposes and analyzes a hitherto overlooked cost of tort law: its adverse effect on innovation. Tort liability for negligence, defective products, and medical malpractice is determined by reference to custom. We demonstrate that courts' reliance on custom and conventional technologies as the benchmark of liability chills innovation and distorts its path. Specifically, recourse to custom taxes innovators and subsidizes replicators of conventional technologies. We explore the causes and consequences of this phenomenon and propose two possible ways to modify tort law in order to make it more welcoming to innovation.


Constructing Products Liability: Reforms In Theory And Procedure, Frank J. Vandall Jan 2003

Constructing Products Liability: Reforms In Theory And Procedure, Frank J. Vandall

Villanova Law Review

No abstract provided.


Federal Rule Of Evidence 407 As Applied To Products Liability: A Rule In Need Of Remedial Measures, Michele B. Colodney Nov 1993

Federal Rule Of Evidence 407 As Applied To Products Liability: A Rule In Need Of Remedial Measures, Michele B. Colodney

University of Miami Law Review

No abstract provided.