Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Torts

External Link

Selected Works

2010

Torts

Articles 1 - 4 of 4

Full-Text Articles in Law

Misrepresentation - Part I, Fleming James, Oscar Gray Mar 2010

Misrepresentation - Part I, Fleming James, Oscar Gray

Oscar S. Gray

No abstract provided.

Go to article

The Prosser Notebook: Classroom As Biography And Intellectual History, Christopher Robinette Feb 2010

The Prosser Notebook: Classroom As Biography And Intellectual History, Christopher Robinette

Christopher J Robinette

When a former student offered to let me see his grandfather's Torts notebook, I was intrigued. The 70-year-old black notebook has developed a patina, but is in remarkably good condition. The sides have a lightly textured surface. The spine, not damaged by cracks, has several small gold stripes running across it. The notebook belonged to a first-year law student named Leroy S. Merrifield during the 1938-39 academic year at the University of Minnesota Law School. Merrifield used it to record notes during his Torts class. His professor was William Prosser.

Because Prosser's papers likely have been destroyed, Merrifield's notebook offers …

Go to article

Tort Law And Probabilistic Litigation: How To Apply Multipliers To Address The Problem Of Negative Value Suits, Ben Depoorter Dec 2009

Tort Law And Probabilistic Litigation: How To Apply Multipliers To Address The Problem Of Negative Value Suits, Ben Depoorter

Ben Depoorter

This Article advances a proposal that brings to life valuable lawsuits that litigation costs currently discourage. Our proposal converts claims with negative expected values into positive expected value claims by implementing a novel system involving flexible conditional multipliers. Our proposal has two components. First, under the proposed system a plaintiff is allowed to select a damage multiplier that determines the amount of damages the plaintiff will receive if the litigation is successful. Second, courts select cases for litigation randomly with a probability inverse to the multiplier the plaintiff selected.

Go to article

Tort Law's Flaws, Jeffrey O'Connell, Christopher Robinette Dec 2009

Tort Law's Flaws, Jeffrey O'Connell, Christopher Robinette

Christopher J Robinette

This succinct paperback on tort reform lays bare one of the most important recent movements in the civil justice field. It begins with a brief overview of central themes and issues and then presents a series of original essays and comments by preeminent scholars, lawyers, and leaders in Tort Reform. The essays are followed by fictional narratives written from the standpoint of plaintiffs, defendants, and policymakers; a simulation; and a selection of carefully edited articles, government documents, interest group position papers, and cases. Comments, notes, and questions are interspersed throughout the text.

Go to article