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Articles 1 - 13 of 13
Full-Text Articles in Law
Kosak V. United States, Lewis F. Powell Jr
Kosak V. United States, Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
Product Liability And The Passage Of Time: The Imprisonment Of Corporate Rationality, James A. Henderson Jr.
Product Liability And The Passage Of Time: The Imprisonment Of Corporate Rationality, James A. Henderson Jr.
Cornell Law Faculty Publications
In theory, the product liability system should induce manufacturers to invest in product safety at the socially optimal level, i.e., the level at which the marginal cost of the investment equals the marginal cost of product-related accidents thereby avoided. In reality, however, this inducement may be weakened by countervailing incentives, causing manufacturers in marginal cases to forgo investment that would appear to be cost-effective. Professor Henderson argues that in these cases corporate rationality has been "imprisoned" by two "real-world" phenomena. First, a manufacturer may postpone product improvements lest they be viewed by potential claimants and juries as a confession of …
From Risk-Utility To Consumer Expectations: Enhancing The Role Of Judicial Screening In Product Liability Litigation, Aaron Twerski
From Risk-Utility To Consumer Expectations: Enhancing The Role Of Judicial Screening In Product Liability Litigation, Aaron Twerski
Faculty Scholarship
No abstract provided.
Why Creative Judging Won't Save The Products Liability System, James A. Henderson Jr.
Why Creative Judging Won't Save The Products Liability System, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
There Is Tort Liability For Negligent Programming, Harvey L. Zuckman
There Is Tort Liability For Negligent Programming, Harvey L. Zuckman
Scholarly Articles
No abstract provided.
Competitive Process And Gray Market Goods, The , Jacqueline Nolan-Haley
Competitive Process And Gray Market Goods, The , Jacqueline Nolan-Haley
Faculty Scholarship
Although it has the appearance of benefiting the consumer, the phenomenon of gray market goods is, for the most part, a species of unfair competition. Where an exclusive distribution contract between foreign and domestic entities enhances interbrand competition and satisfies a rule of reason analysis, it should be considered a protectable property interest. There is little justification for permitting gray market imports to interfere with that interest by taking advantage of the good will associated with the distribution, marketing, warranties and servicing provided by the United States distributor. The antitrust goal of promoting long-run consumer interests is not advanced by …
Eliminating The "Defect" In Design Strict Products Liability Theory, John L. Diamond
Eliminating The "Defect" In Design Strict Products Liability Theory, John L. Diamond
Faculty Scholarship
No abstract provided.
A Comparative Negligence Checklist To Avoid Future Unnecessary Litigation, John M. Rogers, Randy Donald Shaw
A Comparative Negligence Checklist To Avoid Future Unnecessary Litigation, John M. Rogers, Randy Donald Shaw
Law Faculty Scholarly Articles
Systems of comparative negligence, whereby the negligence of a plaintiff serves to reduce rather than to preclude tort recovery in negligence, have been adopted in thirty-nine states. The common law rule that contributory negligence is an absolute bar to recover is still the law in Kentucky, although modified by the doctrine of “last clear chance.” Kentucky may soon join the trend toward comparative negligence, however. In the last legislative session, bills to adopt comparative negligence were introduced in both the House of Representatives and the Senate. A hearing on this subject was held by the Interim Judiciary and Civil Procedure …
Kentucky Tort Law: Defamation And The Right Of Privacy, Richard C. Ausness
Kentucky Tort Law: Defamation And The Right Of Privacy, Richard C. Ausness
Law Faculty Scholarly Articles
This book review examines Kentucky Tort Law: Defamation and the Right of Privacy by David A. Elder, which was published in 1983.
A Comparative Negligence Checklist To Avoid Future Unnecessary Litigation, John M. Rogers, Randy Donald Shaw
A Comparative Negligence Checklist To Avoid Future Unnecessary Litigation, John M. Rogers, Randy Donald Shaw
Law Faculty Scholarly Articles
Systems of comparative negligence, whereby the negligence of a plaintiff serves to reduce rather than to preclude tort recovery in negligence, have been adopted in thirty-nine states. The common law rule that contributory negligence is an absolute bar to recovery is still the law in Kentucky, although modified by the doctrine of "last clear chance." Kentucky may soon join the trend toward comparative negligence, however. In the last legislative session, bills to adopt comparative negligence were introduced in both the House of Representatives and the Senate. A hearing on this subject was held by the Interim Judiciary and Civil Procedure …
The Derivative And Discretionary-Function Immunities Of Presidential And Congressional Aides In Constitutional Tort Actions, Kathryn D. Sowle
The Derivative And Discretionary-Function Immunities Of Presidential And Congressional Aides In Constitutional Tort Actions, Kathryn D. Sowle
Articles
No abstract provided.
The Manville Bankruptcy: Treating Mass Tort Claims In Chapter 11 Proceedings, Robert Jones
The Manville Bankruptcy: Treating Mass Tort Claims In Chapter 11 Proceedings, Robert Jones
Journal Articles
The reorganization petition filed by the Manville Corporation, the nation’s largest asbestos manufacturer in 1982 is an attempt by a healthy and solvent corporation to declare bankruptcy. It differs greatly from a traditional reorganization case, which involves a debtor that knows who its creditors are and how much it owes them. Manville does not know who the majority of its creditors are or the amount of its potential tort liability. It is instead using the 1978 Bankruptcy Reform Act's Chapter 11 reorganization provisions to seek shelter from a huge but speculative tort liability. In doing so Manville presents a major …
Generic Product Risks: The Case Against Comment K And For Strict Tort Liability, Joseph A. Page
Generic Product Risks: The Case Against Comment K And For Strict Tort Liability, Joseph A. Page
Georgetown Law Faculty Publications and Other Works
The author considers whether strict liability should be imposed for injuries caused by products that pose generic risks--risks that do not derive from flaws in the manufacturing process but from product design or from the very nature of the product. He reviews the American Law Institute (ALI) debate that preceded adoption of section 402A of the Restatement (Second) of Torts and finds the ambiguous meaning of comment k, which deals with "unavoidably unsafe" products, of little use in determining whether section 402A applies to generic product risks. After examining the policy justifications for imposing strict liability in cases involving design …