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Articles 1 - 30 of 93
Full-Text Articles in Torts
Throwing Out The Baby With The Bathwater: A Reply To Professor Twerski, Richard W. Wright
Throwing Out The Baby With The Bathwater: A Reply To Professor Twerski, Richard W. Wright
All Faculty Scholarship
No abstract provided.
Once Is Enough: A Proposed Bar Of The Injured Employee's Cause Of Action Against A Third Party, Philip D. Oliver
Once Is Enough: A Proposed Bar Of The Injured Employee's Cause Of Action Against A Third Party, Philip D. Oliver
Faculty Scholarship
No abstract provided.
Radiation Injury And The Law, David S. Gooden
Market Share - A Tale Of Two Centuries, Aaron Twerski
Market Share - A Tale Of Two Centuries, Aaron Twerski
Faculty Scholarship
No abstract provided.
The Case Against All Encompassing Federal Mass Tort Legislation: Sacrifice Without Gain, Aaron Twerski, R. A. Sedler
The Case Against All Encompassing Federal Mass Tort Legislation: Sacrifice Without Gain, Aaron Twerski, R. A. Sedler
Faculty Scholarship
No abstract provided.
Tort Law—General Release Forms—The Free Ride For Joint Tortfeasors Is Over. Moore V. Missouri Pacific Railroad, 299 Ark. 232, 773 S.W.2d 78 (1989)., Marshall S. Ney
Tort Law—General Release Forms—The Free Ride For Joint Tortfeasors Is Over. Moore V. Missouri Pacific Railroad, 299 Ark. 232, 773 S.W.2d 78 (1989)., Marshall S. Ney
University of Arkansas at Little Rock Law Review
No abstract provided.
Liability For Discretionary Decisions Of State Officers And Employees Under The North Carolina Tort Claims Act: A Critical Analysis Of Hochheiser V. North Carolina Department Of Transportation, Mark W. Morris
North Carolina Central Law Review
No abstract provided.
The Jury's Response To Business And Corporate Wrongdoing, Valerie P. Hans
The Jury's Response To Business And Corporate Wrongdoing, Valerie P. Hans
Cornell Law Faculty Publications
Some of the most vociferous criticisms of the jury relate to its performance in cases involving business and corporate wrongdoing. The jury's competence in such cases is assaulted on a variety of fronts. Critics question the jury's factfinding ability in cases with business and corporate parties, and doubt whether lay jurors can understand the often complex and esoteric evidence of business wrongdoing. Others claim that bias and prejudice, rather than evidence, determine jury decisions about businesses and corporations. The presumed biases cut both ways. The generally positive regard in which the public holds business is credited with creating leniency toward …
A Fault-Based Administrative Alternative For Resolving Medical Malpractice Claims, Kirk B. Johnson, Carter G. Phillips, David Orentlicher Orentlicher M.D., Martin S. Hatlie
A Fault-Based Administrative Alternative For Resolving Medical Malpractice Claims, Kirk B. Johnson, Carter G. Phillips, David Orentlicher Orentlicher M.D., Martin S. Hatlie
Vanderbilt Law Review
The recurring crises in medical malpractice litigation have been widely discussed and documented over the past two decades.' In response to these crises, a growing consensus has emerged among legislatures, government agencies, and scholars in favor of tort reform. Indeed, virtually every state has passed some tort reform legislation.'Despite the reforms, several serious problems persist in medical malpractice. The current tort system does not compensate injured patients adequately or equitably, nor does it deter negligent practices sufficiently. These failings occur despite the increasingly high costs to society of the tort system. Particularly troublesome is the impact of these crises on …
Compensation For Constitutional Torts: Reflections On The Significance Of Fault, John C. Jeffries Jr.
Compensation For Constitutional Torts: Reflections On The Significance Of Fault, John C. Jeffries Jr.
Michigan Law Review
This essay is about a neglected aspect of the problem of redressing constitutional violations. Most discussions focus on incentive effects. Unconstitutional conduct can be discouraged by the "hands-on" mechanism of reform by injunction or, more commonly, through the indirection of deterrence. Deterrence issues include selection of the penalties needed to deter official misconduct; the risk that they may also inhibit legitimate government activity; the recruitment of private attorneys general to augment enforcement; and various costs of administration. These and other aspects of deterrence pervade discussions in the Supreme Court. They are also debated in a rich and sophisticated secondary literature. …
Corporate Life After Death: Cercla Preemption Of State Corporate Dissolution Law, Audrey J. Anderson
Corporate Life After Death: Cercla Preemption Of State Corporate Dissolution Law, Audrey J. Anderson
Michigan Law Review
This Note discusses CERCLA's preemption of state corporate dissolution law. Although CERCLA contains a preemption clause intended to specify CERCLA's relationship with other laws, this clause addresses only state laws that impose stricter standards than those contained in CERCLA, and does not address state laws that, like dissolution laws, remove liability from a party otherwise liable under CERCLA. Courts, therefore, have also looked to section 107 of CERCLA, which imposes liability against specified parties "[n]notwithstanding any other provision or rule of law," to determine CERCLA's general relationship with state law. Through such an analysis, courts have agreed that CERCLA does …
Structured Settlements And Structured Judgements: Do They Work And Do We Want Them?, Leanne Todd
Structured Settlements And Structured Judgements: Do They Work And Do We Want Them?, Leanne Todd
Dalhousie Law Journal
Structured settlements are an alternative to traditional lump sum settlements for personal and fatal injuries claims. Under a structured settlement the defendant, generally a casualty insurer, satisfies all or part of the claim via periodic payments to the plaintiff.
Foreward: Choosing Among Systems Of Auto Insurance For Personal Injury, Stephen D. Sugarman
Foreward: Choosing Among Systems Of Auto Insurance For Personal Injury, Stephen D. Sugarman
San Diego Law Review
In his Forward to this volume's Tort Law - No-Fault Insurance Symposium, Mr. Sugarman briefly notes the key issues regarding the system of auto insurance for personal injury and highlights the issues raised by the contributing authors. After discussing the no-fault auto insurance movement of the 1960s and 1970s, its adoption in New York and Michigan, and a system that gives motorists a choice between Fault and No-Fault insurance, the author puts forth his own proposal. The author proposes that the state assure the universal availability of first party (no-fault) benefits for auto accident victims, but that these benefits not …
No-Fault Auto Insurance: Back By Popular (Market) Demand, Jeffrey O'Connell
No-Fault Auto Insurance: Back By Popular (Market) Demand, Jeffrey O'Connell
San Diego Law Review
In this Article, Professor O'Connell discusses the inadequacies behind auto insurance and the system of no-fault auto insurance. Picking up where a California Senator left off with the provocative question, "Why not offer consumers a choice in the marketplace?," the author sets forth a proposal whereby consumers would have a choice. Consumers would be allowed to choose between fault-based and no-fault insurance. Such a choice would insulate the costs of no-fault coverage from those of tort liability. The latter part of the Article is spent rebutting the proposals and ideas put forth by the other contributing authors.
Reducing Noneconomic Damages By Trick, Joseph W. Little
Reducing Noneconomic Damages By Trick, Joseph W. Little
San Diego Law Review
In this Article, Professor Little takes issue with the Jeffrey O'Connell and Robert Joost "freedom to choose" no-fault plan. The author demonstrates why presenting this plan in the guise of freedom of choice is a charlatan's trick that would not fool most lawyers and judges. In effect, it benefits the rich at the expense of the ppor. He then presents some different approaches for solving the problem O'Connell and Joost want solved. His plans would induce early settlement attempts that would be beneficial both in bringing tort litigation under control and in reducing costs.
Choosing The Best Auto Insurance Choice System, Robert H. Joost
Choosing The Best Auto Insurance Choice System, Robert H. Joost
San Diego Law Review
In this Article, Mr. Joost reviews the auto insurance choice system and highlights recent legislative history in various states pertinent to the choice system. Acknowledging that there is growing interest in the concept of choice in auto insurance, the author recognizes that there is a lack of any consensus as to the best mechanism to use to assure that consumers can make an informed and rational choice. The author examines eight different possible choice mechanisms. He next summarizes the issues and problems that ought to be addressed in any choice system. In conclusion, any auto insurance reform proposal must be …
Whither No-Fault In California: Is There Salvation After Proposition 103, William C. George
Whither No-Fault In California: Is There Salvation After Proposition 103, William C. George
San Diego Law Review
In this Article, Mr. George, offers some suggestions for the solution of the automobile insurance problem. Recognizing that the biggest problem is cost, the author suggest that one way of reducing cost would be to repeal the financial responsibility laws. People concerned with protecting themselves and their assets would purchase first party and third party coverages. The irresponsible party would be left to their own devices and subject to legal sanctions for failure to pay for damage they caused. The author draws a parallel between the amount paid in premiums to amount of benefits available. Assuming financial responsibility laws are …
Giving Motorists A Choice Between Fault And No-Fault Insurance: An Economic Critique, Jack L. Carr
Giving Motorists A Choice Between Fault And No-Fault Insurance: An Economic Critique, Jack L. Carr
San Diego Law Review
In this Article, Professor Carr responds to the proposal by O'Connell and Joost whereby motorists are given a choice between fault and no-fault insurance. Though appealing, there are situations where free choice is inappropriate. This Article examines those situations and argues that free choice of liability rules and insurance regimes will be socially harmful due to the phenomenon of externalities.
A Choice Of Choice: Adding Postaccident Choice To The Menu Of No-Fault Models, Craig Brown
A Choice Of Choice: Adding Postaccident Choice To The Menu Of No-Fault Models, Craig Brown
San Diego Law Review
In this Article, Professor Brown tackles the concept of no-fault auto insurance from the perspective of auto insurance premiums. The author believes that the promise of lower premiums will allow no-fault insurance to succeed where other arguments have failed. There are two models developed for integrating tort and no-fault. In this article, the author proposes a third model: a scheme which allows an accident victim to choose between tort and no-fault after the accident has occurred. Similar to the other two models, this third model would reduce and stabilize costs. Whichever model is chosen, opportunities exist for considerable improvement both …
Legislating Reversions: A Mistken Path Leading To Drastic Results, John H. Abbott
Legislating Reversions: A Mistken Path Leading To Drastic Results, John H. Abbott
San Diego Law Review
This Comment addresses the debate within Congress and the pension community over the disposition of any excess assets remaining after a pension plan is terminated and all its liabilities are paid. Congress is reviewing the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code in the hopes of clarifying alleged problems with asset reversion. The author sees Congress leaning toward either severely restricting future reversions or disallowing them altogether. Any significant changes in the law regarding reversions will be highly detrimental to all concerned in the private pension system. The Comment outlines the unique nature of defined …
Right To Counsel: Balancing The Burden Of Persuasion On The Adversarial Scales Of Criminal Justice, Loretta A. Neary-West
Right To Counsel: Balancing The Burden Of Persuasion On The Adversarial Scales Of Criminal Justice, Loretta A. Neary-West
San Diego Law Review
How much is society willing to pay to protect constitutional rights from government infringement? How much constitutional protection is society allowed to forfeit in exchange for more effective law enforcement? The criminal justice system's allocation of the burdens of proof ultimately decides these questions. When do effective law enforcement tactics, such as undercover agent investigations, violate a defendant's sixth amendment right to the effective assistance of counsel? When does the sixth amendment violation warrant judicial remedies? Only the government knows when and how improperly obtained information is ultimately utilized. The adversarial context of American criminal justice dictates allocating to the …
Alleghany Pittsburgh Coal Co. V. County Commission Of Webster County: Equal Protection In Property Taxation, A New Challenge To Proposition 13, Marian Adams Harvey
Alleghany Pittsburgh Coal Co. V. County Commission Of Webster County: Equal Protection In Property Taxation, A New Challenge To Proposition 13, Marian Adams Harvey
San Diego Law Review
In Allegheny Pittsburgh Coal Co. v. County Comm'n the United States Supreme Court held that it was an unconstitutional violation of equal protection for the assessor of Webster County to subject similarly situated properties to different tax burdens depending on when they were purchased. The Court stated it "need not" and did not decide whether the California Constitution, enacted as Proposition 13, would "stand on a different footing." The Court's collateral reference has inspired recent challenges to Proposition 13. This Note addresses the United States Supreme Court's equal protection analysis and its possible application to California's Article XIII A.
Exception Clauses And Negligence-The Influence Of Contract On Bailment And Tort, Andrew B.L. Phang
Exception Clauses And Negligence-The Influence Of Contract On Bailment And Tort, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
Judgments at first instance have rarely been the subject of comment.' The recent decision of Steyn J in Singer Co (UK) Ltd v Tees and Hartlepool Port Authority,2 however, merits consideration for at least three reasons. First, it focuses upon important issues in the law of bailment, at least one of which has hitherto only been considered at first instance in any event. Secondly, the decision provokes thought on the much broader issue of the effect of exception clauses upon the general duty of care in tort, in particular whether the reasoning in the bailment context could be extended and …
Nally V. Grace Community Church Of The Valley: Absolution For Clergy Malpractice?, Greg Slater
Nally V. Grace Community Church Of The Valley: Absolution For Clergy Malpractice?, Greg Slater
BYU Law Review
No abstract provided.
Manufacturers Of Inherently Dangerous Products: Should They Have A Continuing Duty To Make Their Previously Sold Products Conform To State Of The Art Safety Features, Tamara J. Defazio
Manufacturers Of Inherently Dangerous Products: Should They Have A Continuing Duty To Make Their Previously Sold Products Conform To State Of The Art Safety Features, Tamara J. Defazio
West Virginia Law Review
No abstract provided.
Elden V. Sheldon-Should Policy Outweigh Foreseeability?, Dean H. Lefler
Elden V. Sheldon-Should Policy Outweigh Foreseeability?, Dean H. Lefler
BYU Law Review
No abstract provided.
Review Of Jenkins "The Litigators: Inside The Powerful World Of America's High Stakes Trial Lawyers", Stephen D. Sugarman
Review Of Jenkins "The Litigators: Inside The Powerful World Of America's High Stakes Trial Lawyers", Stephen D. Sugarman
Stephen D Sugarman
No abstract provided.
The Baby Swallowed The Bathwater: A Rejoinder To Professor Wright, Aaron Twerski
The Baby Swallowed The Bathwater: A Rejoinder To Professor Wright, Aaron Twerski
Faculty Scholarship
No abstract provided.
Schlemmer V. Fireman's Fund Insurance Co.: A Case For Rethinking Arkansas' Choice-Of-Law Rule For Interstate Torts, L. Lynn Hogue
Schlemmer V. Fireman's Fund Insurance Co.: A Case For Rethinking Arkansas' Choice-Of-Law Rule For Interstate Torts, L. Lynn Hogue
University of Arkansas at Little Rock Law Review
No abstract provided.
The Joint Tortfeasor Legislative Revolt: A Rational Response To The Critics, Aaron Twerski
The Joint Tortfeasor Legislative Revolt: A Rational Response To The Critics, Aaron Twerski
Faculty Scholarship
No abstract provided.