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Full-Text Articles in Torts
Gossip And Gore: A Ghoulish Journey Into A Philosophical Thicket, Sean Hannon Williams
Gossip And Gore: A Ghoulish Journey Into A Philosophical Thicket, Sean Hannon Williams
Michigan Law Review
A review of Don Herzog, Defaming the Dead.
Reforming Products Liability, Suzanne M. Lambert
Reforming Products Liability, Suzanne M. Lambert
Michigan Law Review
A Review of Reforming Products Liability by W. Kip Viscusi
Negligent Accounting And The Limits Of Instrumental Tort Reform, John A. Siliciano
Negligent Accounting And The Limits Of Instrumental Tort Reform, John A. Siliciano
Michigan Law Review
This article first explores the relationship between the accountant and the reliant third party, and recounts the mounting judicial hostility to the accountant's traditional privity defense. Next, the article critically examines the arguments that have supported traditional privity-based regimes. The third section turns to the reform courts and tests whether the rationales offered for reform justify abandoning the privity requirement.
Concluding that a convincing case for reform has yet to be made and - given the complexity of a properly executed instrumental analysis - may never be made, the article's final section reconsiders the utility of instrumental reasoning as a …