Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Damages Mitigation Doctrine In The Statutory Anti-Discrimination Context: Mitigating Its Negative Impact, Howard C. Eglit
Damages Mitigation Doctrine In The Statutory Anti-Discrimination Context: Mitigating Its Negative Impact, Howard C. Eglit
All Faculty Scholarship
No abstract provided.
The Bitter With The Sweet: Tradition, History, And Limitations On Federal Judicial Power--A Case Study, Stephen B. Burbank
The Bitter With The Sweet: Tradition, History, And Limitations On Federal Judicial Power--A Case Study, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Futures Problem, Geoffrey C. Hazard Jr.
The Futures Problem, Geoffrey C. Hazard Jr.
All Faculty Scholarship
Perhaps the most difficult problem in addressing mass torts is that of future claimants. "Futures" are those who do not now have claims, because injury has not been sufficiently manifested, but who may well have claims in the future. The Supreme Court's decisions in Amchem and Ortiz appear to have foredoomed any procedural mechanism by which to resolve future claims. This, in turn, will leave defendants in mass tort cases with greatly reduced incentives to participate in mass settlement. That implication makes the possibility of reforms in substantive law perhaps more attractive. In addition, these decisions invite further questions about …