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Articles 1 - 30 of 79
Full-Text Articles in Law
Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, Aaron Twerski, J. A. Henderson
Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, Aaron Twerski, J. A. Henderson
Faculty Scholarship
No abstract provided.
Stargazing: The Future Of American Products Liability Law, James A. Henderson Jr., Aaron Twerski
Stargazing: The Future Of American Products Liability Law, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, James A. Henderson Jr., Aaron Twerski
Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
For over one hundred years American courts expanded the rights of plaintiffs in products liability cases. First the courts eliminated the privity requirement, next the necessity of proving fault, and finally, the necessity of proving a production defect. The next logical step in this progression would be to eliminate the need to show any type of defect at all. In this Article, Professors Henderson and Twerski assert that this step cannot and will not be taken. They explore both the possibility of across-the-board liability without defect and the more limited idea of product-category liability without defect. They describe how a …
Department Of Consumer Affairs, D. Hicks
Department Of Consumer Affairs, D. Hicks
California Regulatory Law Reporter
No abstract provided.
Department Of Consumer Affairs, M. Walker
Department Of Consumer Affairs, M. Walker
California Regulatory Law Reporter
No abstract provided.
Defining "Green": Toward Regulation Of Environmental Marketing Claims, Roger D. Wynne
Defining "Green": Toward Regulation Of Environmental Marketing Claims, Roger D. Wynne
University of Michigan Journal of Law Reform
This Note joins a rising chorus calling for government regulation of green marketing claims. It attempts to encourage and add a sense of urgency to a burgeoning regulatory movement by highlighting some of the legal issues that such regulation entails. Part I identifies a gap in the law: the inability of current truth-in-advertising laws to clarify the legality of green marketing claims. Part II urges bridging that gap quickly; it examines the costs of continued nonregulation and describes some of the forms regulation is taking. Part III attempts to allay any fears that such regulations might be challenged on first …
Department Of Consumer Affairs, G. Bernardini
Department Of Consumer Affairs, G. Bernardini
California Regulatory Law Reporter
No abstract provided.
Reform Of Public Utilities Commission Procedures - Senate Bill 1041 & Senate Bill 1042, Senate Committee On Energy And Public Utilities, Senate Judiciary Committee
Reform Of Public Utilities Commission Procedures - Senate Bill 1041 & Senate Bill 1042, Senate Committee On Energy And Public Utilities, Senate Judiciary Committee
California Senate
No abstract provided.
Market Share Liability: A Current Assessment Of A Decade-Old Doctrine, Andrew B. Nace
Market Share Liability: A Current Assessment Of A Decade-Old Doctrine, Andrew B. Nace
Vanderbilt Law Review
Ten years ago, in Sindell v. Abbott Laboratories, the California Supreme Court created market share liability as a remedy for plaintiffs who had suffered injuries from prenatal exposure to diethystilbestrol (DES), but were unable to identify the specific manufacturer of the drug. The court fashioned the remedy because the available tort theories at the time-enterprise liability, alternate liability, and concert of action-were inadequate remedies for DES plaintiffs. The court's motivation was compensatory: redress innocent plaintiffs' injuries at the expense of collectively negligent defendants. Because of the victims' inability to show actual causation, the new doctrine sought to approximate a manufacturer's …
Regulation Vs. The Market: The Case Of Bicycle Safety (Part Ii), Ross D. Petty
Regulation Vs. The Market: The Case Of Bicycle Safety (Part Ii), Ross D. Petty
RISK: Health, Safety & Environment (1990-2002)
In this part, Professor Petty examines bicycle Risk in detail, comparing the accomplishments of the CPSC's bicycle standard with market forces resulting in, e.g., the development and use of hardshell bicycle helmets. Moreover, he briefly discusses the role of tort liability in managing Risk. Ultimately he concludes that, in the case of bicycle safety, regulation has failed to be as effective as other forces tending to reduce bicycle injuries. [Part I appears at 77.]
Suretyship Principles In The New Articles 3: Clarifications And Substantive Changes, Neil B. Cohen
Suretyship Principles In The New Articles 3: Clarifications And Substantive Changes, Neil B. Cohen
Faculty Scholarship
No abstract provided.
A Duty To Warn: One American View Of The Ec Products Liability Directive, Anita Bernstein
A Duty To Warn: One American View Of The Ec Products Liability Directive, Anita Bernstein
Faculty Scholarship
No abstract provided.
Department Of Consumer Affairs, M. Walker
Department Of Consumer Affairs, M. Walker
California Regulatory Law Reporter
No abstract provided.
College's Failure To Provide Educational Service Is No Defense To Nonpayment Of Student Loans, Elizabeth A. Graber
College's Failure To Provide Educational Service Is No Defense To Nonpayment Of Student Loans, Elizabeth A. Graber
Loyola Consumer Law Review
No abstract provided.
Bankruptcy Court Holds Debtor Responsible For Obsessive-Compulsive Use Of Credit Card, Frank J. Troppe
Bankruptcy Court Holds Debtor Responsible For Obsessive-Compulsive Use Of Credit Card, Frank J. Troppe
Loyola Consumer Law Review
No abstract provided.
Investors Who Relied On Tax Opinions May Not Recover Back Taxes And Interest Paid For Disallowed Deductions, Astrid E. Ellis
Investors Who Relied On Tax Opinions May Not Recover Back Taxes And Interest Paid For Disallowed Deductions, Astrid E. Ellis
Loyola Consumer Law Review
No abstract provided.
Specialized Legal Clinics Assist Unrepresented Consumers: A Local Success Story, Karen V. Kole
Specialized Legal Clinics Assist Unrepresented Consumers: A Local Success Story, Karen V. Kole
Loyola Consumer Law Review
No abstract provided.
Recreational Use Statute Immunized Landowners From Liability For Personal Injuries, Rosemary G. Milew
Recreational Use Statute Immunized Landowners From Liability For Personal Injuries, Rosemary G. Milew
Loyola Consumer Law Review
No abstract provided.
Evidence Of Side Agreement Between Lender And Borrower Not Admissible To Show Modification Of Loan Agreement, Suzi Guemmer
Evidence Of Side Agreement Between Lender And Borrower Not Admissible To Show Modification Of Loan Agreement, Suzi Guemmer
Loyola Consumer Law Review
No abstract provided.
Iowa Supreme Court Denied Right Of First Refusal To Agricultural Property Mortgagors, Jonathan Barrish
Iowa Supreme Court Denied Right Of First Refusal To Agricultural Property Mortgagors, Jonathan Barrish
Loyola Consumer Law Review
No abstract provided.
No Strict Liability For Manufacturer Of Unavoidably Unsafe Blood-Clotting Agent Which Gave Woman Aids, Stephen Mckenna
No Strict Liability For Manufacturer Of Unavoidably Unsafe Blood-Clotting Agent Which Gave Woman Aids, Stephen Mckenna
Loyola Consumer Law Review
No abstract provided.
Indices To Volume 3 - Author Index
Dumping Discipline: A Consumer Protection Model For Regulating Lawyers, Deborah M. Chalfie
Dumping Discipline: A Consumer Protection Model For Regulating Lawyers, Deborah M. Chalfie
Loyola Consumer Law Review
No abstract provided.
Recent Legislative Activity, Colleen P. Sheehan
Recent Legislative Activity, Colleen P. Sheehan
Loyola Consumer Law Review
No abstract provided.
The United States Supreme Court Holds That Consumer Debtors May Reorganize Under Chapter 11, Stacy Feldman
The United States Supreme Court Holds That Consumer Debtors May Reorganize Under Chapter 11, Stacy Feldman
Loyola Consumer Law Review
No abstract provided.
The United States Supreme Court Enforces A Non-Negotiated Forum Selection Clause On A Cruise Ship Ticket, Katherine Schmitt Hilder
The United States Supreme Court Enforces A Non-Negotiated Forum Selection Clause On A Cruise Ship Ticket, Katherine Schmitt Hilder
Loyola Consumer Law Review
No abstract provided.
Illinois Rejects Market Share Liability: A Policy Based Analysis Of Smith V. Eli Lilly & Co., Kurt M. Zitzer, Marc D. Ginsberg
Illinois Rejects Market Share Liability: A Policy Based Analysis Of Smith V. Eli Lilly & Co., Kurt M. Zitzer, Marc D. Ginsberg
Kentucky Law Journal
No abstract provided.
The Clean Air Act Amendments Of 1990: Clean Air At What Cost?, Nancy J. Rich
The Clean Air Act Amendments Of 1990: Clean Air At What Cost?, Nancy J. Rich
Loyola Consumer Law Review
No abstract provided.