Torts Commons^™

Mexican Law And Personal Injury Cases: An Increasingly Prominent Area For U.S. Legal Practitioners And Judges, Jorge A. Vargas

San Diego International Law Journal

Since tort law cases are seldom filed in Mexico, and the number of judicial resolutions rendered by Mexican courts are few and relatively unimportant, is there a sufficient corpus of Mexican jurisprudence that may be tapped into by American judges to ascertain the rules of Mexican law that govern a case pending before an American trial judge or an appellate justice? Considering that American courts resolve a far larger number of personal injury cases governed by Mexican as compared to the nominal amount of cases decided in Mexico by Mexican courts, is there a risk that this rapidly growing number …

The Kindynamic Theory Of Tort, Christopher P. Guzelian

Indiana Law Journal

Commentators complain of two major deficiencies in modern tort law: (1) that liability concepts such as "negligence" or "duty " are so vacuously defined as to permit inadvertent subjectivity and error to hinder proper case adjudication, and (2) that tort is too slow in recognizing newly discovered risks and properly compensating nascent classes of injury. We accordingly report on the Kindynamic Theory, an emerging philosophy that overcomes these twin deficiencies and sharpens understanding of poorly articulated tort intuitions

Kindynamics contends that causation is the cornerstone of tort, and that all risks are, at core, causal propositions. Contrary to its many …

Causing Constitutional Harm: How Tort Law Can Help Determine Harmless Error In Criminal Trials, Jason M. Solomon

Faculty Publications

No abstract provided.

Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Yehuda Adar Dr.

Yehuda Adar Dr.

Three years have passed since the Supreme Court of Canada rendered its controversial decision in Whiten v. Pilot Insurance Co. In that case, the Court affirmed an almost unprecedented punitive damage award by a jury of one million dollars against an insurance company. More importantly, the Whiten decision appears to be the first attempt by the Supreme Court to construct a comprehensive set of rules and principles in light of which punitive damages cases should be decided in the future. While the extraordinary monetary sanction upheld by the Court has attracted much attention in legal and commercial circles, it seems …

La Reedificación Conceptual De La Responsabilidad Extracontractual Objetiva, Gastón Fernández Cruz, Leysser L. León

Gastón Fernández Cruz

No abstract provided.

De La Culpa Ética A La Responsabilidad Subjetiva: ¿El Mito De Sísifo?, Gastón Fernández Cruz

Gastón Fernández Cruz

No abstract provided.

Scienter, Causation, And Harm In Freedom Of Expression Analysis: The Right Hand Side Of The Constitutional Calculus, Wilson Huhn

William & Mary Bill of Rights Journal

No abstract provided.

Tort Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Tortious Toxics, Lisa Heinzerling, Cameron Powers Hoffman

William & Mary Environmental Law and Policy Review

No abstract provided.

Proposal For Linking Culpability And Causation To Ensure Corporate Accountability For Toxic Risks, Thomas O. Mcgarity

William & Mary Environmental Law and Policy Review

No abstract provided.

Las Transformaciones Funcionales De La Responsabilidad Civil : La Óptica Sistématica. Análisis De Las Funciones De Incentivo O Desincentivo Y Preventiva De La Responsabilidad Civil En Los Sistemas Del Civil Law, Gastón Fernández Cruz

Gastón Fernández Cruz

No abstract provided.

The Risk Concept On Modern Tort Map: An Analytical Approach To English Law, Mashael Alhajeri

Mashael Alhajeri

No abstract provided.

Federal Preemption Of State Tort Claims, Marin Roger Scordato

Scholarly Articles

This article explores a continuing disagreement among Justices of the United States Supreme Court regarding the proper doctrinal framework for federal preemption jurisprudence. This important difference in views became apparent in the four federal preemption cases that the Supreme Court decided during its 1999-2000 term. The article describes this critical disagreement among the Justices, places it in the larger context of preemption doctrine, and then carefully analyzes a number of possible resolutions.

Federal preemption is an area of enormous practical and theoretical importance. It is a subject that has earned a regular place on the Supreme Court's docket for many …

Kiss And Tell: Making The Case For The Tortious Transmission Of Herpes And Human Papillomavirus, Michele L. Mekel

Michele L Mekel

Recognizing theories of recovery for a tort committed an estimated 6 million times per year in the United States alone at an annual cost in excess of $4 billion is logical--if not imperative. Not all jurisdictions, however, recognize theories of recovery when the tort in question is the wrongful transmission of herpes and/or human papillomavirus ("HPV"), two of the most common, incurable sexually transmitted diseases ("STDs") in America. Nevertheless, in Deuschle v. Jobe, the Court of Appeals for the Western District of Missouri took a significant step by acknowledging an unmarried sexual partner's right to bring negligence and intentional tort …

Toxic Torts In A Nutshell, Jean Eggen

Jean M. Eggen

No abstract provided.

Constitutional Law - Constitutional Remedy - The Third Circuit's Approach To 42 U.S.C. 1983 Malicious Prosecution Claims, Mary E. Williams

Villanova Law Review

No abstract provided.

Products Liability - The Effect Of Medtronic, Inc. V. Lohr On Third Circuit Products Liability Litigation: Medical Device Amendments Do Not Pre-Empt State Law Tort Claims, Elizabeth G. Harkins

Villanova Law Review

No abstract provided.

Tort Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Tort Law, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.

La Responsabilidad Civil Del Gestor De Bases De Datos En La Informática Jurídica, Gastón Fernández Cruz

Gastón Fernández Cruz

No abstract provided.

Foreword, Jean M. Eggen

Jean M. Eggen

No abstract provided.

Toxic Product Liability Under State Law After Cipollone, Jean Eggen

Jean M. Eggen

No abstract provided.

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 …

Toward A Pragmatic Model Of Judicial Decisionmaking: Why Tort Law Provides A Better Framework Than Constitutional Law For Deciding The Issue Of Medical Futility, Brent D. Lloyd

Seattle University Law Review

Recognizing that courts will eventually have to confront the issue of medical futility, this Comment argues that there is no principled basis for omitting these difficult questions from a legal analysis of the issue and that courts should therefore decide the issue in a manner that honestly confronts them. Specifically, the argument advanced here is that courts confronted with cases of medical futility should decide the issue under principles of tort law, rather than under principles of constitutional law. The crux of this argument is that tort principles provide an open-ended analytical framework conducive to considering troublesome questions like those …

The Jurisprudence Of Action And Inaction In The Law Of Tort: Solving The Puzzle Of Nonfeasance And Misfeasance From The Fifteenth Through The Twentieth Centuries, Theodore Silver, Jean Elting Rowe

Scholarly Works

No abstract provided.

Tort Law As A Comparative Institution, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

Tort Law And The Demands Of Corrective Justice, Jules L. Coleman

Indiana Law Journal

No abstract provided.

Comment On Coleman: Corrective Justice, Stephen R. Perry

Indiana Law Journal

No abstract provided.

Real And Imagined Effects Of Statutes Restricting The Liability Of Nonmanufacturing Sellers Of Defective Products, John G. Culhane

John G. Culhane

No abstract provided.

Comments On Why Punitive Damages Don't Deter Corporate Misconduct Effectively, Michael Wells

Scholarly Works

Professor Elliott begins his Article by proclaiming that “a fundamental revolution has reshaped the intellectual underpinnings of tort law.”