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Articles 1 - 12 of 12
Full-Text Articles in Torts
Tort, Not Contract: An Argument For Reevaluating The Economic Loss Rule And Classifying Building Damage As "Other Property" When It Is Caused By Defective Construction Materials, J. Brandon Sieg
William & Mary Law Review
No abstract provided.
Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass
Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass
William & Mary Law Review
This Article considers the broad range of "tort experiments" states have undertaken in recent years, as well as the changing attitudes of Congress and the Supreme Court toward state tort law. Notably, while states have limited tort rights and remedies in the products liability and personal injury areas in recent years, they have at the same time increased tort rights and remedies to address new societal problems associated with privacy, publicity, consumer protection, and environmental harm. At the same time, however, Congress has eliminated state tort law entirely in targeted areas without replacing it with corresponding federal remedies. The Supreme …
A Products Liability Theory For The Judicial Regulation Of Insurance Policies, Daniel Schwarcz
A Products Liability Theory For The Judicial Regulation Of Insurance Policies, Daniel Schwarcz
William & Mary Law Review
Many insurance law commentators believe that judges should regulate the substance of insurance policies by refusing to enforce insurance policy terms that are exploitive or otherwise unfair. The most common guide for the judicial regulation of insurance policies is the "reasonable expectations doctrine," which requires courts to disregard coverage restrictions that are beyond insureds' reasonable expectations unless the insurer specifically informed the insured about the restriction at the time of purchase. This Article argues that although the judiciary has a potential role to play in policing insurance policy terms, that role should not be defined by reference to consumers' reasonable …
Rolling The "Barrel" A Little Further: Allowing Res Ipsa Loquitur To Assist In Proving Strict Liability In Tort Manufacturing Defects, Matthew R. Johnson
Rolling The "Barrel" A Little Further: Allowing Res Ipsa Loquitur To Assist In Proving Strict Liability In Tort Manufacturing Defects, Matthew R. Johnson
William & Mary Law Review
No abstract provided.
Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah
Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah
William & Mary Law Review
No abstract provided.
Beyond Consolidation: Postaggregative Procedure In Asbestos Mass Tort Litigation, Linda S. Mullenix
Beyond Consolidation: Postaggregative Procedure In Asbestos Mass Tort Litigation, Linda S. Mullenix
William & Mary Law Review
No abstract provided.
Alternatives To Manufacturer Liability For Injuries Caused By The Sabin-Type Oral Polio Vaccines, Faye F. Spence
Alternatives To Manufacturer Liability For Injuries Caused By The Sabin-Type Oral Polio Vaccines, Faye F. Spence
William & Mary Law Review
No abstract provided.
Aircraft Crashworthiness: Should The Courts Set Standards?, Scott G. Lindvall
Aircraft Crashworthiness: Should The Courts Set Standards?, Scott G. Lindvall
William & Mary Law Review
No abstract provided.
Manufacturers' Strict Liability For Injuries From A Well-Made Handgun, Gerard M. Mackarevich
Manufacturers' Strict Liability For Injuries From A Well-Made Handgun, Gerard M. Mackarevich
William & Mary Law Review
No abstract provided.
Products Liability - Manufacturers' Strict Liability For Enhanced Injuries Due To Design Defects. Badorek V. General Motors Corp., 11 Cal. App. 3d 902, 90 Cal. Rptr. 305 (1970), Daniel J. Perry
William & Mary Law Review
No abstract provided.
Constitutional Law - Due Process - Jurisdiction Over Alien Corporation In Products Liability Action. Duple Motor Bodies, Ltd. V. Hollingsworth, 417 F.2d 231 (9th Cir. 1969), Richard B. Blackwell
Constitutional Law - Due Process - Jurisdiction Over Alien Corporation In Products Liability Action. Duple Motor Bodies, Ltd. V. Hollingsworth, 417 F.2d 231 (9th Cir. 1969), Richard B. Blackwell
William & Mary Law Review
No abstract provided.
Torts - Liability For The Endorser Of A Product - Hanberry V. Hearst Corp., __Cal. App. 3rd __, 81 Cal. Rptr. 519 (1969), Bruce E. Titus
Torts - Liability For The Endorser Of A Product - Hanberry V. Hearst Corp., __Cal. App. 3rd __, 81 Cal. Rptr. 519 (1969), Bruce E. Titus
William & Mary Law Review
No abstract provided.