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Articles 1 - 7 of 7
Full-Text Articles in Torts
Stargazing: The Future Of American Products Liability Law, James A. Henderson Jr., Aaron Twerski
Stargazing: The Future Of American Products Liability Law, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, James A. Henderson Jr., Aaron Twerski
Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
For over one hundred years American courts expanded the rights of plaintiffs in products liability cases. First the courts eliminated the privity requirement, next the necessity of proving fault, and finally, the necessity of proving a production defect. The next logical step in this progression would be to eliminate the need to show any type of defect at all. In this Article, Professors Henderson and Twerski assert that this step cannot and will not be taken. They explore both the possibility of across-the-board liability without defect and the more limited idea of product-category liability without defect. They describe how a …
Judicial Reliance On Public Policy: An Empirical Analysis Of Products Liability Decisions, James A. Henderson Jr.
Judicial Reliance On Public Policy: An Empirical Analysis Of Products Liability Decisions, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
The Impact Of Alternative Negligence Defense Rules On Litigation Behavior And Tort Claim Disposition, Marianne M. Jennings
The Impact Of Alternative Negligence Defense Rules On Litigation Behavior And Tort Claim Disposition, Marianne M. Jennings
Brigham Young University Journal of Public Law
No abstract provided.
Damages For Loss Of The Enjoyment Of Life, 24 J. Marshall L. Rev. 423 (1991), John Dwight Ingram
Damages For Loss Of The Enjoyment Of Life, 24 J. Marshall L. Rev. 423 (1991), John Dwight Ingram
UIC Law Review
No abstract provided.
Privity, Products Liability, And Ucc Warranties: A Retrospect Of And Prospects For Illinois Commercial Code 2-318, 25 J. Marshall L. Rev. 177 (1991), Steven Bonanno
UIC Law Review
No abstract provided.
Getting To No: A Study Of Settlement Negotiations And The Selection Of Cases For Trial, Samuel R. Gross, Kent D. Syverud
Getting To No: A Study Of Settlement Negotiations And The Selection Of Cases For Trial, Samuel R. Gross, Kent D. Syverud
Articles
A trial is a failure. Although we celebrate it as the centerpiece of our system of justice, we know that trial is not only an uncommon method of resolving disputes, but a disfavored one. With some notable exceptions, lawyers, judges, and commentators agree that pretrial settlement is almost always cheaper, faster, and better than trial. Much of our civil procedure is justified by the desire to promote settlement and avoid trial. More important, the nature of our civil process drives parties to settle so as to avoid the costs, delays, and uncertainties of trial, and, in many cases, to agree …