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Rescuing Maryland Tort Law: A Tribute To Judge Sally Adkins, Donald G. Gifford
Rescuing Maryland Tort Law: A Tribute To Judge Sally Adkins, Donald G. Gifford
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No abstract provided.
The Role Of The Judge In Non-Class Settlement, Howard M. Erichson
The Role Of The Judge In Non-Class Settlement, Howard M. Erichson
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This commentary argues that judges lack the authority, as a general matter, to approve or reject non-class settlements. While judges overseeing mass litigation can set the stage for settlement by instituting phased discovery, scheduling bellwether trials, and other methods, they should respect the line between facilitation of settlement and control over settlement terms. The paper was presented in response to Judge Alvin Hellerstein’s and his special masters' account of their handling of the September 11 clean-up litigation.
Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski
Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski
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A century ago Oliver Wendell Holmes, Jr., examined the history of negligence in search of a general theory of tort. He concluded that from the earliest times in England, the basis of tort liability was fault, or the failure to exercise due care. Liability for an injury to another arose whenever the defendant failed "to use such care as a prudent man would use under the circumstances.” A decade ago Morton J. Horwitz reexamined the history of negligence for the same purpose and concluded that negligence was not originally understood as carelessness or fault. Rather, negligence meant "neglect or failure …