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Torts Commons™

Open Access. Powered by Scholars. Published by Universities.®

2005

Selected Works

Articles 1 - 6 of 6

Full-Text Articles in Torts

The Continuing Moral Fashioning Of A Law Professor, Randy Lee May 2005

The Continuing Moral Fashioning Of A Law Professor, Randy Lee

Randy Lee

No abstract provided.

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The Torts Game: Defending Mean Joe Greene, Jonathan Zittrain, Jennifer Harrison Dec 2004

The Torts Game: Defending Mean Joe Greene, Jonathan Zittrain, Jennifer Harrison

Jonathan Zittrain

No abstract provided.

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Medical Error As Reportable Event, As Tort, As Crime: A Transpacific Comparison, Robert B. Leflar, Futoshi Iwata Dec 2004

Medical Error As Reportable Event, As Tort, As Crime: A Transpacific Comparison, Robert B. Leflar, Futoshi Iwata

Robert B Leflar

All nations seek to reduce the human toll from medical error, but variations in legal and institutional structures guide those efforts into different trajectories. This article compares legal and institutional responses to patient safety problems in the United States and Japan, addressing developments in civil malpractice law (including discoverability of internal hospital documents), administrative practice (including medical accident reporting systems), and - of particular significance in Japan - criminal law. In the U.S., battles over rules of malpractice litigation are fierce; tort law occupies center stage. The hospital accreditation process plays a critical role in medical quality control, and peer …

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Comparing Tobacco And Gun Litigation, Stephen D. Sugarman Dec 2004

Comparing Tobacco And Gun Litigation, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

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Recapturing The Transformative Potential Of Employment Discrimination Law, Michelle A. Travis Dec 2004

Recapturing The Transformative Potential Of Employment Discrimination Law, Michelle A. Travis

Michelle A. Travis

Although antidiscrimination law has helped address explicit prejudice in the workplace, significant disparities remain, particularly for workers with disabilities and women with caregiving responsibilities. Much of this inequality results from subtler causes, including the ways that employers organize the when, where, and how of work performance. This Article analyzes the role that employment discrimination law could play in transforming the traditional organization of work. In particular, this Article challenges the full-time face-time norm, around which most top-level jobs are designed. This norm refers to the bundle of default preferences that employers have for full-time positions, unlimited hours or rigid work …

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Can There Be A Unified Theory Of Torts? A Pluralist Suggestion From History And Doctrine, Christopher J. Robinette Dec 2004

Can There Be A Unified Theory Of Torts? A Pluralist Suggestion From History And Doctrine, Christopher J. Robinette

Christopher J Robinette

In this article, I discuss the tendency of tort theorists to attempt to unify all of tort law. In other words, many scholars have sought to explain torts by the use of a single idea. Originally, scholars attempted a unity of doctrine, such as Holmes' focus on negligence. In the last several decades, scholars have sought to unify torts by rationale. In particular, modern scholars tend to view torts either as a means of deterring injuries or of achieving corrective justice.

I argue that both history and doctrine suggest that the attempt to unify all of torts is futile. From …

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