Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Compensating The Victims Of Japan’S 3-11 Fukushima Disaster, Eric A. Feldman
Compensating The Victims Of Japan’S 3-11 Fukushima Disaster, Eric A. Feldman
All Faculty Scholarship
Japan’s March 2011 triple disaster—first a large earthquake, followed by a massive tsunami and a nuclear meltdown—caused a devastating loss of life, damaged and destroyed property, and left hundreds of thousands of people homeless, hurt, and in need. This article looks at the effort to address the financial needs of the victims of the 3/11 disaster by examining the role of public and private actors in providing compensation, describing the types of groups and individuals for whom compensation is available, and analyzing the range of institutions through which compensation has been allocated. The story is in some ways cause for …
Apportionment Of Damages For Contributory Negligence: A Fixed Or Discretionary Approach, James Goudkamp
Apportionment Of Damages For Contributory Negligence: A Fixed Or Discretionary Approach, James Goudkamp
Faculty of Law, Humanities and the Arts - Papers (Archive)
In most of the common-law world, legislation provides for damages to be apportioned where the claimant is guilty of contributory negligence. This legislation gives judges considerable latitude to determine the extent to which damages should be diminished for contributory negligence. It imposes what will be called a system of 'discretionary appor- tionment'. This paper draws attention to the fact that, although most common-law juris- dictions are, by virtue of their apportionment legislation, in the thrall of the paradigm of discretionary apportionment, there are many, varied departures from this paradigm. This paper classifies these departures (which will be called 'fixed apportionment …