Open Access. Powered by Scholars. Published by Universities.®
- Keyword
- Publication
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski
Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski
Faculty Scholarship
A century ago Oliver Wendell Holmes, Jr., examined the history of negligence in search of a general theory of tort. He concluded that from the earliest times in England, the basis of tort liability was fault, or the failure to exercise due care. Liability for an injury to another arose whenever the defendant failed "to use such care as a prudent man would use under the circumstances.” A decade ago Morton J. Horwitz reexamined the history of negligence for the same purpose and concluded that negligence was not originally understood as carelessness or fault. Rather, negligence meant "neglect or failure …
Makers And Receivers: Judicial Heresy And The Tempting Of America, Charles Kelbley
Makers And Receivers: Judicial Heresy And The Tempting Of America, Charles Kelbley
Fordham Urban Law Journal
This Essay examines "The Tempting of America" in three stages: Section II briefly summarizes the major themes of the book along three principal lines that parallel the book's three parts: Bork's critique of the Supreme Court, his concept of correct and incorrect legal theory and his assessment of the treatment he received from the media and the Senate Judiciary Committee. Each of these topics deserves serious consideration, but the ultimate concern of this Essay is Bork's theoretical chapters, not his historical and political arguments. Section III examines problems that Bork's judicial philosophy raises from the perspectives of history, jurisprudence, and, …