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The Prosser Letters: 1917-1948, Christopher Robinette 2016 Widener University - Harrisburg Campus

The Prosser Letters: 1917-1948, Christopher Robinette

Christopher J Robinette

William Prosser was one of the most accomplished and influential scholars of the twentieth century. He molded the development of tort doctrine, especially in the areas of products liability, privacy, and the intentional infliction of emotional distress. In spite of his numerous achievements, there is no full-length biography of Prosser. A major reason no one has written such a volume is the lack of Prosser’s papers. Based on information from a Berkeley Law librarian, it appears Prosser destroyed most of his papers in 1963. Recently, however, prominent academics have both written shorter biographical pieces on Prosser and called for ...


Implied Class Warfare: Why Rule 23 Needs An Explicit Ascertainability Requirement In The Wake Of Byrd V. Aaron’S Inc., Tom Murphy 2016 Boston College Law School

Implied Class Warfare: Why Rule 23 Needs An Explicit Ascertainability Requirement In The Wake Of Byrd V. Aaron’S Inc., Tom Murphy

Boston College Law Review

On April 16, 2015, in Byrd v. Aaron’s Inc., the U.S. Court of Appeals for the Third Circuit articulated its heightened standard for Rule 23’s implied requirement that a class be ascertainable. This standard has proven to frustrate Rule 23’s historical purpose of providing small-claim plaintiffs a mechanism through which they can economically prosecute their rights, especially in the context of consumer class actions. The Seventh Circuit Court of Appeals has rejected the heightened standard introduced by the Third Circuit in favor of a “weak” interpretation of Rule 23’s implied ascertainability requirement. This Comment argues ...


Nevada Dep’T Of Trans. V. Eighth Judicial Dist. Ct., 132 Nev. Adv. Op. 10 (Feb. 25, 2016), F. Shane Jackson 2016 Nevada Law Journal

Nevada Dep’T Of Trans. V. Eighth Judicial Dist. Ct., 132 Nev. Adv. Op. 10 (Feb. 25, 2016), F. Shane Jackson

Nevada Supreme Court Summaries

The Court considered a petition for a writ of mandamus challenging a district court order denying a motion to dismiss. Petitioner Nevada Department of Transportation (“NDOT”) sought dismissal of a professional negligence claim filed against it on grounds that the complaint was not accompanied by an attorney affidavit and expert report as required by NRS 11.258, and when the court denied NDOT’s motion, it filed the instant petition. The Court denied the petition, holding that NDOT is not a design professional under NRS 11.2565(1)(a), and therefore the requirements of NRS 11.258 are inapplicable to ...


The Appeals Process, Thomas Reavley, Thomas Baker, William Richman 2016 Selected Works

The Appeals Process, Thomas Reavley, Thomas Baker, William Richman

Thomas E. Baker

No abstract provided.


With Malice Toward One? – Defining Nondischargeability Of Debts For Willful And Malicious Injury Under Section 523(A)(6) Of The Bankrupcy Code, Theresa J. Pulley Radwan 2016 College of William & Mary Law School

With Malice Toward One? – Defining Nondischargeability Of Debts For Willful And Malicious Injury Under Section 523(A)(6) Of The Bankrupcy Code, Theresa J. Pulley Radwan

William & Mary Business Law Review

The federal bankruptcy system strikes a balance between the rights of debtors seeking a fresh start and the rights of creditors seeking repayment for debt. While many areas of the Bankruptcy Code provide examples of this balancing act, perhaps no area of the Code embodies this balance better than discharge of debt. Discharge of debt provides the fresh start for debtors on which the bankruptcy system rests, but the Code also protects the interests of creditors who would otherwise have their claims against the debtor discharged.

Section 523(a)(6) excepts from discharge any debt “for willful and malicious injury ...


Community Versus Market Values Of Life, Robert Cooter, David DePianto 2016 College of William & Mary Law School

Community Versus Market Values Of Life, Robert Cooter, David Depianto

William & Mary Law Review

Individuals and communities make choices affecting the risk of accidental death. Individuals balance risk and cost in market choices, for example, by purchasing costly safety products or taking a dangerous job for higher pay. Communities balance risk and cost through social norms of precaution, which prescribe how much risk people may impose on others and on themselves. For example, social norms dictate that bicyclists should wear helmets and automobile passengers should wear seat belts. In both cases, the balance between the fatality risk and the cost of reducing it reveals an implicit value of a statistical life, or “VSL”— an ...


Symposium, Products Liability-The Interagency Task Force "Blueprint" For Reforming Product Liability Tort Law In The United States, Duane J. Gingerich 2016 University of Georgia School of Law

Symposium, Products Liability-The Interagency Task Force "Blueprint" For Reforming Product Liability Tort Law In The United States, Duane J. Gingerich

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium, Products Liability-Negligence Or Strict Product Liability: Is There Really A Difference In Law Or Economics?, Reynolds M. Sachs 2016 The American University

Symposium, Products Liability-Negligence Or Strict Product Liability: Is There Really A Difference In Law Or Economics?, Reynolds M. Sachs

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium, Products Liability-Strict Products Tort Liability In Georgia: Smudging A Clean Slate, R. Perry Sentell Jr. 2016 University of Georgia School of Law

Symposium, Products Liability-Strict Products Tort Liability In Georgia: Smudging A Clean Slate, R. Perry Sentell Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Trending @ Rwu Law: Professor Tanya Monestier's Post: Is Corporate Registration A Proper Basis For General Jurisdiction?: 02-09-2016, Tanya Monestier 2016 Roger Williams University School of Law

Trending @ Rwu Law: Professor Tanya Monestier's Post: Is Corporate Registration A Proper Basis For General Jurisdiction?: 02-09-2016, Tanya Monestier

Law School Blogs

No abstract provided.


The Affordable Care Act Is Not Tort Reform, Andrew F. Popper 2016 The Catholic University of America, Columbus School of Law

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

Catholic University Law Review

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 ...


2020 Year-End Report On The Judiciary By The Chief Justice Of The United States, Thomas Baker 2016 Selected Works

2020 Year-End Report On The Judiciary By The Chief Justice Of The United States, Thomas Baker

Thomas E. Baker

No abstract provided.


The Mass Tort Bankruptcy: A Pre-History, Troy A. McKenzie 2016 NYU School of Law

The Mass Tort Bankruptcy: A Pre-History, Troy A. Mckenzie

New York University Public Law and Legal Theory Working Papers

The history of insolvency schemes as mass tort resolution devices is generally said to begin with the asbestos bankruptcies of the 1980s. This Article brings to light a much earlier example of the resolution of mass tort claims through another insolvency scheme—the equity receivership—that was a precursor to Chapter 11 of the Bankruptcy Code. The Article recounts the creation of a receivership after a fire at the Ringling Brothers circus killed and injured hundreds of spectators. It also describes the maneuvers of the key actors in the case and the legal landscape that explained their resort to a ...


Seller Beware: A Look At Liability Risk For The Business Practices Of Partners In The Global Supply Chain, David Wallace 2016 Selected Works

Seller Beware: A Look At Liability Risk For The Business Practices Of Partners In The Global Supply Chain, David Wallace

David L Wallace

A brief survey of efforts by the US plaintiffs' class action bar to use supply-chain disclosure statutes like California's Transparency in Supply Chains Act of 2010 and the UK Modern Slavery Act to hold companies liable for working conditions in their supply chains.


Like Migratory Birds- Latin American Claimants In U.S. Courts And The Ford-Firestone Rollover Litigation, Manuel Gómez 2016 JD Candidate

Like Migratory Birds- Latin American Claimants In U.S. Courts And The Ford-Firestone Rollover Litigation, Manuel Gómez

Manuel A. Gómez

No abstract provided.


Dusty Order: Law Enforcement And Participant Cooperation At Burning Man, Manuel Gomez 2016 Florida International University College of Law

Dusty Order: Law Enforcement And Participant Cooperation At Burning Man, Manuel Gomez

Manuel A. Gómez

Media depictions of Burning Man focus on the picturesque and eccentric appearance of the weeklong affair. The event is sometimes misportrayed as a lawless environment where participants are encouraged to engage in rowdy behavior. Most carnivalesque events offer an escape from reality and are generally thought to enable unruly conduct. Despite stereotypes, Burning Man is a different beast. Not only is the crime rate in Black Rock City lower than any other city of comparable size, but Burners show a high level of cooperative and law abiding behavior that helps maintain the social order without depending on official means of ...


Toxic Torts, Autism, And Bad Science: Why The Courts May Be Our Best Defense Against Scientific Relativism, Joelle Moreno 2016 New England School of Law

Toxic Torts, Autism, And Bad Science: Why The Courts May Be Our Best Defense Against Scientific Relativism, Joelle Moreno

Joelle A. Moreno

No abstract provided.


Iqbal And Supervisory Immunity, Kit Kinports 2016 Penn State Law

Iqbal And Supervisory Immunity, Kit Kinports

Kit Kinports

Prior to the Supreme Court’s 2009 decision in Ashcroft v. Iqbal, the federal courts generally acknowledged that high-ranking government officials could be held liable for the constitutional injuries inflicted by their subordinates, though they differed on the appropriate standard of supervisory liability. In Iqbal, the Supreme Court called this case law into question, holding that constitutional tort liability hinges on proof that each defendant, “through the official’s own individual actions, has violated the Constitution.” The Court’s cursory treatment of this issue, without the benefit of briefing or oral argument, was based entirely on the misguided assumption that ...


Battery And Deprivation Of Liberty: How To Begin To Compensate Flint Residents For Their Drinking Water Fiasco, John Culhane 2016 Widener University - Delaware Campus

Battery And Deprivation Of Liberty: How To Begin To Compensate Flint Residents For Their Drinking Water Fiasco, John Culhane

John G. Culhane

How to Begin to Compensate Flint Residents for Their Drinking Water Fiasco


Newsroom: Monestier On Settlement Agreements, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: Monestier On Settlement Agreements, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


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