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Full-Text Articles in Torts
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.
Turning From Tort To Administration, Richard A. Nagareda
Turning From Tort To Administration, Richard A. Nagareda
Michigan Law Review
My objective here is to challenge the notion that the recent mass tort settlements - for all their novel qualities in the mass tort area - are truly sui generis in the law. Rather, I contend that the rise of such settlements in tort mirrors the development of public administrative agencies earlier in this century - that, in both instances, powerful new institutions emerged outside preexisting channels of control to wield significant power over human lives and resources. I argue that courts usefully may draw upon familiar doctrines of judicial review in administrative law to form a conceptual framework for …