Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
Articles 1 - 16 of 16
Full-Text Articles in Law
Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post
Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post
Touro Law Review
No abstract provided.
Community Versus Market Values Of Life, Robert Cooter, David Depianto
Community Versus Market Values Of Life, Robert Cooter, David Depianto
William & Mary Law Review
Individuals and communities make choices affecting the risk of accidental death. Individuals balance risk and cost in market choices, for example, by purchasing costly safety products or taking a dangerous job for higher pay. Communities balance risk and cost through social norms of precaution, which prescribe how much risk people may impose on others and on themselves. For example, social norms dictate that bicyclists should wear helmets and automobile passengers should wear seat belts. In both cases, the balance between the fatality risk and the cost of reducing it reveals an implicit value of a statistical life, or VSL an …
Clarifying Causation In Tort, Erik S. Knutsen
Clarifying Causation In Tort, Erik S. Knutsen
Dalhousie Law Journal
This article argues that there is nothing overly confusing about the law ofcausation in negligence. It attempts to define the current state of causation in Canadian negligence law with a simple goal in mind: to have a clearer more productive conversation about the law with the fundamental concepts clearly on the table. The author argues that while the leading decisions on causation are often couched in broad-based, universal terminology to refrain from inhibiting conceptual portability,the cases can be read as a sustained continuum of conversations about causation. A cohesive framework for the law is offered by taking a longitudinal perspective …
The Revival Of Tort Theory In Canada, Jamie Cassels
The Revival Of Tort Theory In Canada, Jamie Cassels
Dalhousie Law Journal
Tort scholarship in Canada has not traditionally been preoccupied with theory. Apart from several fine (doctrinally oriented) texts, by far the greatest amount of tort writing found in the journals is ad hoc and responsive to current is sues. It consists for the most part of case comments or 'recent development' articles inspired by important decisions from higher courts. Beyond this, a number of substantive topics and problem areas have recently been dealt with in some detail. There is alarge amount of literature, for example, on the liability of public authorities and professionals, sporting injuries, asbestos and environmental liability, and …
The Development Of Common Law Defamation Privileges: From Communitarian Society To Market Society, M. M. Slaughter
The Development Of Common Law Defamation Privileges: From Communitarian Society To Market Society, M. M. Slaughter
Cardozo Law Review
No abstract provided.
The Evolving Jurisprudence Of Toxic Torts: The Prognosis For Corporations, Allan Kanner
The Evolving Jurisprudence Of Toxic Torts: The Prognosis For Corporations, Allan Kanner
Cardozo Law Review
No abstract provided.
Statistical Stigmata, Henry Louis Gates Jr.
Corrective Justice From Aristotle To Second Order Liability: Who Should Pay When The Culpable Cannot?, Kathryn R. Heidt
Corrective Justice From Aristotle To Second Order Liability: Who Should Pay When The Culpable Cannot?, Kathryn R. Heidt
Washington and Lee Law Review
No abstract provided.
Professor Weinrib's Coherence, Alan Brudner
The Metatheory Of Helegian Legal Theory, David A.J. Richards
The Metatheory Of Helegian Legal Theory, David A.J. Richards
Cardozo Law Review
No abstract provided.
Hegel And Modern Contract Theory: A Comment On Benson And Rosenfeld, Jay M. Feinman
Hegel And Modern Contract Theory: A Comment On Benson And Rosenfeld, Jay M. Feinman
Cardozo Law Review
No abstract provided.
Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton Jr.
Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton Jr.
Cardozo Law Review
No abstract provided.
Not-So-Critical Legal Studies, Stephen Diamond
Not-So-Critical Legal Studies, Stephen Diamond
Cardozo Law Review
No abstract provided.
Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman
Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman
Cardozo Law Review
No abstract provided.
Do Bad Fences Make Bad Neighbors In New York After Scurti V. City Of New York?, David A. Zarett
Do Bad Fences Make Bad Neighbors In New York After Scurti V. City Of New York?, David A. Zarett
Cardozo Law Review
No abstract provided.
Products Liability And Judicial Wealth Redistributions, Alan Schwartz
Products Liability And Judicial Wealth Redistributions, Alan Schwartz
Indiana Law Journal
No abstract provided.