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Full-Text Articles in Torts

Arkansas Tortious Interference Law: A Proposal For Change, Elisa Masterson White Oct 1996

Arkansas Tortious Interference Law: A Proposal For Change, Elisa Masterson White

University of Arkansas at Little Rock Law Review

No abstract provided.


Testing Two Assumptions About Federalism And Tort Reform, Thomas A. Eaton, Susette M. Talarico Jan 1996

Testing Two Assumptions About Federalism And Tort Reform, Thomas A. Eaton, Susette M. Talarico

Scholarly Works

In, 1996 both the United States House of Representatives and Senate passed legislation that, if enacted, would preempt state tort laws in significant ways. Why would a Congress otherwise apparently committed to vesting states with greater policymaking autonomy call for federal control of tort law?

Tort policymaking has traditionally been done at the state level. One assumption underlying this distribution of power is that states are better able than the national government to fashion tort rules appropriate for local conditions and circumstances. In other words, states are thought to have a special competence in crafting tort rules responsive to local …


Ohio Tort Reform Versus The Ohio Constitution, Stephen J. Werber Jan 1996

Ohio Tort Reform Versus The Ohio Constitution, Stephen J. Werber

Law Faculty Articles and Essays

Ohio tort law is about to be changed in a dramatic and comprehensive manner. House Bill 350 will be enacted as a major piece of tort reform legislation with provisions substantially like those discussed herein. The vast majority of this legislative change is directed to areas of the law in need of change and the restoration of balance. Most of the proposed changes either raise no constitutional concerns or should be deemed in compliance with the Ohio Constitution. In a few areas, most notably statutes of repose and limitations on damages, the governmental need is weak, the effect drastic, and …