Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Torts (5)
- Checks (2)
- Punitive damages (2)
- Strict liability (2)
- UCC (2)
-
- Uniform Commercial Code (2)
- Actual damage (1)
- Adjudication (1)
- Agency regulation (1)
- Antibiotics antitrust litigation (1)
- Automobile accident (1)
- Banks (1)
- Car accident (1)
- Car insurance (1)
- Causation (1)
- Class suit (1)
- Collections (1)
- Communications Law (1)
- Community of interest (1)
- Compensation (1)
- Confidentiality (1)
- Consent theory (1)
- Constitutional Law (1)
- Damages (1)
- Deepest pocket (1)
- Design defect (1)
- Distribution of damages (1)
- Due process (1)
- Economic harm (1)
- Empirical treatments (1)
Articles 1 - 15 of 15
Full-Text Articles in Law
Zacchini V. Scripps-Howard Broadcasting Co., Lewis F. Powell Jr.
Zacchini V. Scripps-Howard Broadcasting Co., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Nineteenth Century Anti-Entrepreneurial Nuisance Injunctions--Avoiding The Chancellor, Paul M. Kurtz
Nineteenth Century Anti-Entrepreneurial Nuisance Injunctions--Avoiding The Chancellor, Paul M. Kurtz
Scholarly Works
This Article will explain how the 19th-century entrepreneur, faced with a hostile rule of strict liability for interference with the use and enjoyment of property, avoided the heavy hand of the chancellor's injunction. Although the term "entrepreneur" describes a diverse group of businessmen--from the mill owner to the early 19th century to the slaughterhouse operator of later in the century--the denominator common to all nuisance action in this period was a developmental use of real property that interfered with the use of neighboring property. An examination of the responses of courts to private nuisance suits between an individual property owner …
Punitive Damages In Products Liability Litigation, David Owen
Punitive Damages In Products Liability Litigation, David Owen
Faculty Publications
No abstract provided.
Report Of Seminar On Law And Medicine, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles M. Leibson, John A. Krichbaum, Paul A. Van Pernis, William C. Ball, Galen J. White, Harry N. Peterson, B. J. Anderson, Harvey L. Ruben, William D. Weitzel, Oliver Grant Bruton Jr., Oliver H. Barber Jr., Joe C. Savage, Robert J. Turnley, William G. Winter, L. T. Grant, William D. Grubbs, Charles Landrum Jr., Leslie G. Whitmer, Robert Rich, Edward A. Rothschild
Report Of Seminar On Law And Medicine, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles M. Leibson, John A. Krichbaum, Paul A. Van Pernis, William C. Ball, Galen J. White, Harry N. Peterson, B. J. Anderson, Harvey L. Ruben, William D. Weitzel, Oliver Grant Bruton Jr., Oliver H. Barber Jr., Joe C. Savage, Robert J. Turnley, William G. Winter, L. T. Grant, William D. Grubbs, Charles Landrum Jr., Leslie G. Whitmer, Robert Rich, Edward A. Rothschild
Continuing Legal Education Materials
Reports from the UK/CLE Seminar on Law and Medicine held May 26-28, 1976.
Expanding The Negligence Concept: Retreat From The Rule Of Law, James A. Henderson Jr.
Expanding The Negligence Concept: Retreat From The Rule Of Law, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Reflections On The Theory And Administration Of Strict Tort Liability For Defective Products, John E. Montgomery, David Owen
Reflections On The Theory And Administration Of Strict Tort Liability For Defective Products, John E. Montgomery, David Owen
Faculty Publications
No abstract provided.
Design Defect Litigation Revisited, James A. Henderson Jr.
Design Defect Litigation Revisited, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
No-Fault In A Fault Context: Tort Actions And Section 65b.51 Of The Minnesota No-Fault Automobile Insurance Act, Michael K. Steenson
No-Fault In A Fault Context: Tort Actions And Section 65b.51 Of The Minnesota No-Fault Automobile Insurance Act, Michael K. Steenson
Faculty Scholarship
The passage of the Minnesota No-Fault Automobile Insurance Act has created new problems for the Minnesota lawyer. Some of the most pressing problems concern the effect of the Act on tort actions. This article analyzes the provisions of the No-Fault Act dealing with limitations on tort recovery and suggests solutions to come of the many interpretive problems created by the Act.
Trends In The Law Of Damages, John W. Reed
Trends In The Law Of Damages, John W. Reed
Articles
The law of damages deals with the process of translating harm into dollars. It is not, however, a coherent body of knowledge. Rather, it consists of an amalgam of many concepts and rules having to do with fundamental policy questions about loss-shifting, risk-spreading, and allocation of functions between judge and jury. Because damages is a "non-subject," little attention is paid to it in law school curricula and there is little writing about it. As one commentator put it, the law of damages "plods its way, ignored by academicians and 'accepted' by the courts. . . . The 'winds of change' …
Wrongful Dishonor, James J. White
Wrongful Dishonor, James J. White
Other Publications
Uniform Commercial Code section 4-402. I. Basic Liability II. Damages III. Miscellaneous Asides
The Antibiotics Class Actions, Charles W. Wolfram
The Antibiotics Class Actions, Charles W. Wolfram
Cornell Law Faculty Publications
No abstract provided.
Judicial Review Of Medical Treatment Programs, H. Richard Beresford
Judicial Review Of Medical Treatment Programs, H. Richard Beresford
Cornell Law Faculty Publications
No abstract provided.
Checks Lost In The Collection Process, James J. White
Checks Lost In The Collection Process, James J. White
Other Publications
Given the millions of checks that are transferred among banks every year, the opportunity for loss and misplacement of such checks is enormous and the liabilities associated with such loss can be significant. This section deals with the collecting bank's liability for the check's loss before it is delivered to payer bank. If the payer bank receives and then loses the check, it will be subject to a different set of liabilities; those liabilities will be discussed elsewhere in the program.
The Enterprise Liability Theory Of Torts, Howard C. Klemme
The Enterprise Liability Theory Of Torts, Howard C. Klemme
Publications
No abstract provided.
Class Actions, Richard Briffault
Class Actions, Richard Briffault
Faculty Scholarship
In 1966, the Supreme Court promulgated an amended rule 23 of the Federal Rules of Civil Procedure, replacing a rule that had remained unchanged since 1938. The 1938 rule, which was understood to reflect Professor Moore's famous distinctions among "true," "hybrid," and "spurious" class suits, proved to be a source of confusion almost from its date of promulgation, and by i966 courts were having great difficulty applying the concepts of joint and several rights the rule relied upon to define cases appropriate for class treatment. Commentators ignored the terms of the rule and sought justification for conclusive adjudication of absentee …