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Articles 1 - 16 of 16

Full-Text Articles in Law

Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post Mar 2016

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 Feb 2016

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 Apr 2010

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 Oct 1994

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 Nov 1992

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 Apr 1991

The Evolving Jurisprudence Of Toxic Torts: The Prognosis For Corporations, Allan Kanner

Cardozo Law Review

No abstract provided.


Statistical Stigmata, Henry Louis Gates Jr. Jul 1990

Statistical Stigmata, Henry Louis Gates Jr.

Cardozo Law Review

No abstract provided.


Corrective Justice From Aristotle To Second Order Liability: Who Should Pay When The Culpable Cannot?, Kathryn R. Heidt Mar 1990

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 Feb 1990

Professor Weinrib's Coherence, Alan Brudner

Cardozo Law Review

No abstract provided.


The Metatheory Of Helegian Legal Theory, David A.J. Richards Mar 1989

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 Mar 1989

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. Jan 1985

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 Jan 1985

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 Jan 1984

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 Jan 1984

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 Apr 1976

Products Liability And Judicial Wealth Redistributions, Alan Schwartz

Indiana Law Journal

No abstract provided.