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Full-Text Articles in Torts

Developing Internationally Uniform Liability Principles For Harms From Genetically Modified Organisms , Ryan C. Hansen Nov 2003

Developing Internationally Uniform Liability Principles For Harms From Genetically Modified Organisms , Ryan C. Hansen

ExpressO

This paper analyzes the current legal principles regarding liabillity for harms from genetically modified organisms (GMOs) in the U.S. and E.U., as well as the various international policies and mechanisms affecting GMOs


The Brownfields Act: Providing Relief For The Innocent Or New Hurdles To Avoid Cercla Liability?, Spencer M. Wiegard Oct 2003

The Brownfields Act: Providing Relief For The Innocent Or New Hurdles To Avoid Cercla Liability?, Spencer M. Wiegard

William & Mary Environmental Law and Policy Review

No abstract provided.


Mass Toxic Tort Litigation And Class Action Rule Reform In The United States, Jason L. Betts Sep 2003

Mass Toxic Tort Litigation And Class Action Rule Reform In The United States, Jason L. Betts

ExpressO

The paper advances the proposition that mass toxic tort litigation has been the predominant driver of class action rule reform in the Unites States. Through three distinct phases of proposals to reform Rule 23 of the Federal Rules of Civil Procedure, the judicial and academic attitude to the certification of mass toxic torts has influenced the reform debate in radically different ways – initially by providing the catalyst for efforts to reform Rule 23; then as a dampener against significant reforms to Rule 23 in the wake of mass toxic tort “settlement-only” classes; and ultimately as an explanation for the …


Manual De Derecho Procesal Civil, Edward Ivan Cueva Feb 2003

Manual De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Federal Preemption Of Tort Claims Under Fifra: The Erosion Of A Defense, Valerie Watnick Jan 2003

Federal Preemption Of Tort Claims Under Fifra: The Erosion Of A Defense, Valerie Watnick

University of Michigan Journal of Law Reform

With the growth of federal regulation in the last century, federal preemption of state law has been an evolving issue in the area of toxic torts litigation. The preemption doctrine occupies a particularly prominent place in the area of pesticide-related litigation as the judiciary has struggled to decide what, if any, tort claims are preempted by the Federal Insecticide Fungicide and Rodenticide Act of 1972 ("FIFRA "), the federal statute governing the sale and labeling of pesticides in the United States. In Etcheverry v. Tri-Ag Serv. Inc., 22 Cal. 4th 316, 93 Cal. Rptr2d 36 (2000), a case heard by …


Priority, Probability, And Proximate Cause: Lessons From Tort Law About Imposing Esa Responsibility For Wildlife Harm On Water Users And Other Joint Habitat Modifiers, James R. Rasband Jan 2003

Priority, Probability, And Proximate Cause: Lessons From Tort Law About Imposing Esa Responsibility For Wildlife Harm On Water Users And Other Joint Habitat Modifiers, James R. Rasband

Faculty Scholarship

No abstract provided.