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

Torts Commons

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

5262 Full-Text Articles 3278 Authors 1642234 Downloads 105 Institutions

All Articles in Torts

Faceted Search

5262 full-text articles. Page 1 of 92.

Predicting Future Sources Of Mass Toxic Tort Litigation, Jeffrey A. Foran, Bernard D. Goldstein, John A. Moore, Paul Slovic 2016 University of New Hampshire

Predicting Future Sources Of Mass Toxic Tort Litigation, Jeffrey A. Foran, Bernard D. Goldstein, John A. Moore, Paul Slovic

RISK: Health, Safety & Environment

The authors describe the efforts of an expert working group to identify potential sources, over the next five to ten years, of future mass litigation and report on the group's consensus conclusions.


The Lawyer As Public Figure For First Amendment Purposes, Alex B. Long 2016 University of Tennessee College of Law

The Lawyer As Public Figure For First Amendment Purposes, Alex B. Long

Boston College Law Review

Should lawyers be treated as public figures for purposes of defamation claims and, therefore, be subjected to a higher evidentiary standard of actual malice under the Supreme Court’s decision in New York Times Co. v. Sullivan? The question of whether lawyers should be treated as public figures raises broad questions about the nature of defamation law and the legal profession. By examining the Supreme Court’s defamation jurisprudence through the lens of cases involving lawyers as plaintiffs, one can see the deficiencies and inconsistencies in the Court’s opinions more clearly. And by examining the Court’s defamation cases ...


Extracting Medical Injury Information From The Legal System To Improve Patient Safety In The Health System: A Social Utility Approach, Mary Chaffee 2016 University of Massachusetts School of Law

Extracting Medical Injury Information From The Legal System To Improve Patient Safety In The Health System: A Social Utility Approach, Mary Chaffee

University of Massachusetts Law Review

As many as 400,000 people die each year, and a million are injured, by preventable medical injuries sustained in the U.S. health system. Collection of data to enhance understanding of how unintended medical injuries happen is an essential part of harm-reduction strategies. While health system data collection and reporting processes have improved in recent years, the scope and intractability of the medical injuries problem demands new efforts. The legal system could contribute valuable medical injury data to patient safety efforts but current practices largely prevent it. In medical malpractice claims where parties settle, case information is routinely protected ...


Negative Portrayal Of Vaccines By Commercial Websites: Tortious Misrepresentation, Donald C. Arthur 2016 University of Massachusetts School of Law

Negative Portrayal Of Vaccines By Commercial Websites: Tortious Misrepresentation, Donald C. Arthur

University of Massachusetts Law Review

Commercial website publishers use false and misleading information to create distrust of vaccines by claiming vaccines are ineffective and contain contaminants that cause autism and other disorders. The misinformation has resulted in decreased childhood vaccination rates and imperiled the public by allowing resurgence of vaccine-preventable illnesses. This Article argues that tort liability attaches to publishers of commercial websites for foreseeable harm that results when websites dissuade parents from vaccinating their children in favor of purchasing alternative products offered for sale on the websites.


[Review Of] Making Decisions About Liability And Insurance (Colin Camerer & Howard Kunreuther Eds.), Joseph M. Carreiro Jr. 2016 University of New Hampshire

[Review Of] Making Decisions About Liability And Insurance (Colin Camerer & Howard Kunreuther Eds.), Joseph M. Carreiro Jr.

RISK: Health, Safety & Environment

Review of: Making Decisions about Liability and Insurance (Colin Camerer & Howard Kunreuther eds., Kluwer Academic Publishers 1993). Figures, index, notes, tables. ISBN 0-7923-9393-7 [139 pp. Cloth $89.95. 101 Phillip Drive, Assinippi Park, Norwell MA 02061.1


[Review Of] National Research Council, Issues In Risk Assessment, Diane M. Albert 2016 University of New Hampshire

[Review Of] National Research Council, Issues In Risk Assessment, Diane M. Albert

RISK: Health, Safety & Environment

Review of: National Research Council, Issues in Risk Assessment (National Academy Press). Appendices, executive summary, figures, preface, references, tables. LC 92-61838; ISBN 0-309-04786-2. [374 pp. Paper $37.50 - S&H, $4 for first and $0.50 for each additional copy. 2101 Constitution Avenue, NW, Washington DC 20418.]


[Review Of] M. Stuart Madden, Toxic Torts Deskbook, Laura Marron 2016 University of New Hampshire

[Review Of] M. Stuart Madden, Toxic Torts Deskbook, Laura Marron

RISK: Health, Safety & Environment

M. Stuart Madden, Toxic Torts Deskbook (Lewis Publishers 1992). Acknowledgements, case index, general index, notes, preface. LC 91-48238; ISBN 0- 87371-508-X. [230 pp. Cloth $69.95 domestic, $84.00 elsewhere. 2000 Corporate Boulevard, NW, Boca Raton FL 33431.]Review of:


The Price Is Wrong: Reimbursement Of Expenses For Acquitted Criminal Defendants, Ira P. Robbins 2016 Selected Works

The Price Is Wrong: Reimbursement Of Expenses For Acquitted Criminal Defendants, Ira P. Robbins

Ira P. Robbins

No abstract provided.


Capping Incentives, Capping Innovation, Courting Disaster: The Gulf Oil Spill And Arbitrary Limits On Civil Liability, Andrew F. Popper 2016 American University Washington College of Law

Capping Incentives, Capping Innovation, Courting Disaster: The Gulf Oil Spill And Arbitrary Limits On Civil Liability, Andrew F. Popper

Andrew Popper

Limiting liability by establishing an arbitrary cap on civil damages is bad public policy. Caps are antithetical to the interests of consumers and at odds with the national interest in creating incentives for better and safer products. Whether the caps are on non-economic loss, punitive damages, or set for specific activity, they undermine the civil justice system, deceiving juries and denying just and reasonable compensation for victims in a broad range of fields.

This Article postulates that capped liability on damages for offshore oil spills may well have been an instrumental factor contributing to the recent Deepwater Horizon catastrophe in ...


The Affordable Care Act Is Not Tort Reform, Andrew F. Popper 2016 Selected Works

The Affordable Care Act Is Not Tort Reform, Andrew F. Popper

Andrew Popper

On March 23, 2010, President Obama signed The Patient Protection and Affordable Care Act (PPACA). Prior to the enactment of the PPACA, Congress held several hearings focused on subrogation and relaxation of collateral source restrictions as well as caps on damages in an effort to promote tort reform. While the ACA included provisions on medical liability reform, the suggested tort reform was thwarted, and the ACA had no actual legal effect on limiting medical malpractice liability. This article argues that the reality is that the PPACA has done nothing to change the admissibility of collateral sources nor has it enhanced ...


Capping Incentives, Capping Innovation, Courting Disaster: The Gulf Oil Spill And Arbitrary Limits On Civil Liability, Andrew F. Popper 2016 American University Washington College of Law

Capping Incentives, Capping Innovation, Courting Disaster: The Gulf Oil Spill And Arbitrary Limits On Civil Liability, Andrew F. Popper

Andrew Popper

Limiting liability by establishing an arbitrary cap on civil damages is bad public policy. Caps are antithetical to the interests of consumers and at odds with the national interest in creating incentives for better and safer products. Whether the caps are on non-economic loss, punitive damages, or set for specific activity, they undermine the civil justice system, deceiving juries and denying just and reasonable compensation for victims in a broad range of fields.

This Article postulates that capped liability on damages for offshore oil spills may well have been an instrumental factor contributing to the recent Deepwater Horizon catastrophe in ...


An Opt-In Option For Class Actions, Scott Dodson 2016 UC Hastings College of the Law

An Opt-In Option For Class Actions, Scott Dodson

Michigan Law Review

Federal class actions today follow an opt-out model: absent an affirmative request to opt out, a class member is in the class. Supporters defend the opt-out model as necessary to ensure the viability of class actions and the efficacy of substantive law. Critics argue the opt-out model is a poor proxy for class-member consent and promotes overbroad and ill-defined classes; these critics favor an opt-in model. This bimodal debate—opt out vs. opt in—has obscured an overlooked middle ground that relies on litigant choice: Why not give the class the option to pursue certification on either an opt-out or ...


Book Review, Lisa M. White 2016 University of New Hampshire

Book Review, Lisa M. White

RISK: Health, Safety & Environment

Review of: STUART M. SPEISER, LAWYERS AND THE AMERICAN DREAM. (Evans 1993) [430 pp.] Endnotes with full citations, index, and lexicon (lay definitions of legal terms). LC 93-35272; ISBN 0-87131-724-9. [$16.95 paper. 216 E. 49th Street, New York NY 10017.]


The Compatibility Of Forward-Looking And Backward-Looking Accounts Of Tort Law, Michael Pressman 2016 University of New Hampshire

The Compatibility Of Forward-Looking And Backward-Looking Accounts Of Tort Law, Michael Pressman

University of New Hampshire Law Review

This Article is the first to argue that forward-looking and backward-looking accounts of tort law are intrinsically compatible with one another. This theoretical point is of great importance and will bring about a paradigm shift in tort theory—and, more generally, in legal theory. This is because the long-standing debate between corrective justice theorists and economic theorists about the purpose of tort law (with active participants including Posner, Calabresi, Coleman, Weinrib, Rawls, and countless others) is based on the universal assumption that forward-looking and backward-looking accounts of tort law are incompatible. This assumption, however, is false, and this Article explains ...


Realigning The Governmental/Proprietary Distinction In Municipal Law, Hugh D. Spitzer 2016 Seattle University School of Law

Realigning The Governmental/Proprietary Distinction In Municipal Law, Hugh D. Spitzer

Seattle University Law Review

Lawyers and judges who deal with municipal law are perpetually puzzled by the distinction between “governmental” and “proprietary” powers of local governments. The distinction is murky, inconsistent between jurisdictions, inconsistent within jurisdictions, and of limited use in predicting how courts will rule. Critics have launched convincing attacks on the division of municipal powers into these two categories. Most articles have focused on problems with the distinction in specific areas of municipal law. In contrast, this article provides a comprehensive analysis of the governmental/proprietary distinction in seven specific doctrinal areas: legislative grants of municipal authority, government contracts, torts, eminent domain ...


Private Law In The Gaps, Jeffrey A. Pojanowski 2016 Notre Dame Law School

Private Law In The Gaps, Jeffrey A. Pojanowski

Jeffrey A. Pojanowski

Private law subjects like tort, contract, and property are traditionally taken to be at the core of the common law tradition, yet statutes increasingly intersect with these bodies of doctrine. This Article draws on recent work in private law theory and statutory interpretation to consider afresh what courts should do with private law in statutory gaps. In particular, it focuses on statutes touching on tort law, a field at the leading edge of private law theory. This Article's analysis unsettles some conventional wisdom about the intersection of private law and statutes. Many leading tort scholars and jurists embrace a ...


A Process Theory Of Torts, Jay Tidmarsh 2016 Notre Dame Law School

A Process Theory Of Torts, Jay Tidmarsh

Jay Tidmarsh

No abstract provided.


Suing Americans For Human Rights Torts Overseas: The Supreme Court Leaves The Door Open, Douglass Cassell 2016 Notre Dame Law School

Suing Americans For Human Rights Torts Overseas: The Supreme Court Leaves The Door Open, Douglass Cassell

Douglass Cassel

No abstract provided.


In Support Of Huber, Jon F. Merz 2016 University of New Hampshire

In Support Of Huber, Jon F. Merz

RISK: Health, Safety & Environment

The author takes exception to two recent reviews of GALILEO'S REVENGE.


Valdez V. City Of New York: The "Death Knell" Of Municipal Tort Liability?, Alisa M. Benintendi 2016 St. John's University School of Law

Valdez V. City Of New York: The "Death Knell" Of Municipal Tort Liability?, Alisa M. Benintendi

St. John's Law Review

No abstract provided.


Digital Commons powered by bepress