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Articles 1 - 30 of 37
Full-Text Articles in Law
Texas Bucks The Trend - No Cause Of Action For Lost Chance Of Survival In The Medical Malpractice Context: Kramer V. Lewisville Memorial Hospital, Wayne Barnes
Faculty Scholarship
Jennie Kramer visited her gynecologist in August 1985 complaining of unusual discharges and intermittent bleeding. At that time, her doctor informed her that she tested negative for cancer. Her irregular bleeding continued, but on two subsequent visits to another doctor in November and December, Ms. Kramer was again informed that she did not have cancer. During February of 1986, after continued bleeding, Ms. Kramer detected a hard spot in her vagina. She returned to the second doctor a third time, at which time she was diagnosed with cancer. In spite of subsequent exploratory surgery and chemotherapy, Ms. Kramer died on …
Revising Section 402a: The Limits Of Tort As Social Insurance, James A. Henderson Jr.
Revising Section 402a: The Limits Of Tort As Social Insurance, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Proportional Liability: Statistical Evidence And The Probability Paradox, David A. Fischer
Proportional Liability: Statistical Evidence And The Probability Paradox, David A. Fischer
Faculty Publications
Three major policies underlie tort liability: deterrence, compensation, and corrective justice. A primary justification for proportional liability is its alleged superiority in advancing the tort policy of deterrence. This Article demonstrates a significant flaw in this claim by showing that the use of tort liability in multiple cause cases involving statistical evidence in fact serves the policy of deterrence quite poorly.
A Model Of Products Liability Reform, Anita Bernstein
A Model Of Products Liability Reform, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Constitutionality Of State Allocation Of Punitive Damage Awards, Paul F. Kirgis
The Constitutionality Of State Allocation Of Punitive Damage Awards, Paul F. Kirgis
Faculty Law Review Articles
This Note analyzes state allocation in light of these differing approaches. The constitutional analysis of Part II begins with a discussion of Takings Clause issues presented by the former "appropriation" approach. This section suggests some flaws in that approach and some reasons why courts might mistakenly adopt it. Part II then examines the criminal law protections embodied in the Excessive Fines and Double Jeopardy Clauses and evoked by the latter "civil penalty" approach. Next, Part III argues for specific statutory adoption of the civil penalty approach and discusses the practice and policy issues that that approach presents. Finally, an Appendix …
Introduction, The Congress, The Courts And Computer Based Communications Networks: Answering Questions About Access And Content Control, Symposium, Henry H. Perritt Jr.
Introduction, The Congress, The Courts And Computer Based Communications Networks: Answering Questions About Access And Content Control, Symposium, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
From A Reporter's Perspective: A Proposed Agenda, Aaron Twerski
From A Reporter's Perspective: A Proposed Agenda, Aaron Twerski
Faculty Scholarship
No abstract provided.
Will A New Restatement Help Settle Troubled Waters: Reflections, Aaron Twerski, J. A. Henderson
Will A New Restatement Help Settle Troubled Waters: Reflections, Aaron Twerski, J. A. Henderson
Faculty Scholarship
No abstract provided.
The Appropriate Role Of Plaintiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
The Appropriate Role Of Plaintiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
Scholarly Works
No abstract provided.
Innocents And Experience: The Disturbing Record Of Legal Reform In Montana, Greg Munro
Innocents And Experience: The Disturbing Record Of Legal Reform In Montana, Greg Munro
Faculty Journal Articles & Other Writings
This article provides a summary of the legacy of "tort reform" in Montana in the areas of medical negligence, workers' compensation, immunities, damages, and a miscellaneous grouping that includes product liability, joint and several liability, wrongful discharge, insurance consumers, arbitration, and collateral-source rule.
The Neumeier-Schultz Rules: How Logical A "Next Stage In The Evolution Of The Law" After Babcock?, Gary J. Simson
The Neumeier-Schultz Rules: How Logical A "Next Stage In The Evolution Of The Law" After Babcock?, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
Products Liability Cases On Appeal: An Empirical Study, Theodore Eisenberg, James A. Henderson Jr.
Products Liability Cases On Appeal: An Empirical Study, Theodore Eisenberg, James A. Henderson Jr.
Cornell Law Faculty Publications
This article analyzes 1,100 opinions to find the determinants of products liability cases on appeal in state and federal courts. The strongest predictor of plaintiff success on appeal is whether the plaintiff prevailed in a jury trial. Other important factors are the defendant's status as manufacturer, wholesaler, or successor corporation; the plaintiffs degree of injury; and whether the case involved a failure-to-warn claim. The existence of a comparative negligence regime increases the tendency of appellate courts to affirm lower courts. These results allow rejection of a simple model in which pre- and posttrial settlement behavior filters out cases in which …
Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson Jr., Aaron Twerski
Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
Interest Analysis, State Sovereignty, And Federally-Mandated Choice Of Law In "Mass Tort" Cases, Robert A. Sedler
Interest Analysis, State Sovereignty, And Federally-Mandated Choice Of Law In "Mass Tort" Cases, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Reflections On The Historical Context Of Section 402a, Oscar S. Gray
Reflections On The Historical Context Of Section 402a, Oscar S. Gray
Faculty Scholarship
No abstract provided.
Survey Of Illinois Law: Tort Developments, 17 S. Ill. U. L.J. 961 (1993), Kenneth Kandaras
Survey Of Illinois Law: Tort Developments, 17 S. Ill. U. L.J. 961 (1993), Kenneth Kandaras
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Clinton Administration And Civil Justice Reform, Carl W. Tobias
The Clinton Administration And Civil Justice Reform, Carl W. Tobias
Law Faculty Publications
Governor Bill Clinton was inaugurated as the President of the United States last month. The federal courts are one area of critical significance to the nation in which the Chief Executive can play a major role in important substantive and procedural policymaking. Moreover, President Clinton, as a former law professor and Arkansas Attorney General, may be particularly interested in issues involving the federal courts.
The Clinton Administration will have to address numerous issues that implicate the federal courts throughout its tenure, but especially during the first year in office. Some of these questions, such as the abolition of diversity jurisdiction, …
The Anatomy Of Emotional Distress Claims In Minnesota, Michael K. Steenson
The Anatomy Of Emotional Distress Claims In Minnesota, Michael K. Steenson
Faculty Scholarship
This Article examines the right to recover damages for emotional distress in Minnesota, with emphasis on claims for negligent and intentional infliction of emotional distress. The recovery of damages for emotional distress is subject to varying and perhaps seemingly inconsistent standards. After a brief history of emotional distress law, the Article will discuss claims for emotional distress based on negligence, intentional torts, and statutory violations. These areas are examined in detail to determine the standards for the recovery of emotional harm in Minnesota and to evaluate whether the standards are applied consistently. The Article also examines the right to recover …
The Differing Treatment Of Efficiency And Competition In Antitrust And Tortious Interference Law, Gary Myers
The Differing Treatment Of Efficiency And Competition In Antitrust And Tortious Interference Law, Gary Myers
Faculty Publications
During the last twenty years, there has been a revolution in antitrust law. As a result of extensive scholarly and judicial analysis, a new learning has developed concerning the content, role, and effect of antitrust doctrines. This trend has focused primarily on the primacy of consumer welfare and economic efficiency. Most commentators now assume that these two interrelated goals are the principal, if not exclusive, concerns of antitrust law. The United States Supreme Court has responded to these new approaches by modifying or altering antitrust law in a long series of cases. Similarly, the new learning has affected the focus …
Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr.
Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr.
Faculty Publications
Traditional tort law embraces an unduly narrow notion of corrective justice that fails to resolve wrongful life disputes satisfactorily. The unique circumstances associated with the creation of a new life bring into play another, broader paradigm of responsibility: one that resembles family law more than tort. From this perspective, children whose birth can be attributed to tortious conduct have a strong moral claim for supplemental child support whenever a tortfeasor's interference with the pro- creative rights of the parents foreseeably results in the birth of a child and that child's parents cannot provide adequate support. In such an instance, the …
The Moral Foundations Of Products Liability Law: Toward First Principles, David G. Owen
The Moral Foundations Of Products Liability Law: Toward First Principles, David G. Owen
Faculty Publications
No abstract provided.
Tort Claims In Counterinsurgency Operations: The British Experience In Ireland, 1919–21, Michael F. Noone Jr.
Tort Claims In Counterinsurgency Operations: The British Experience In Ireland, 1919–21, Michael F. Noone Jr.
Scholarly Articles
No abstract provided.
World-Wide Volkswagen V. Woodson-The Rest Of The Story, Charles Adams
World-Wide Volkswagen V. Woodson-The Rest Of The Story, Charles Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Product Liability, Research And Development, And Innovation, W. Kip Viscusi, Michael J. Moore
Product Liability, Research And Development, And Innovation, W. Kip Viscusi, Michael J. Moore
Vanderbilt Law School Faculty Publications
Product liability ideally should promote efficient levels of product safety, but misdirected liability efforts may depress beneficial innovations. This paper examines these competing effects of liability costs on product R & D intensity and new product introductions by manufacturing firms. At low to moderate levels of expected liability costs, there is a positive effect of liability costs on product innovation. At very high levels of liability costs, the effect is negative. At the sample mean, liability costs increase R & D intensity by 15 percent. The greater linkage of these effects to product R & D rather than process R …
Products Liability Tort Reform: Why Virginia Should Adopt The Henderson Twerski Proposed Revision Of Section 402a, Restatement (Second) Of Torts, Peter N. Swisher
Products Liability Tort Reform: Why Virginia Should Adopt The Henderson Twerski Proposed Revision Of Section 402a, Restatement (Second) Of Torts, Peter N. Swisher
Law Faculty Publications
The purpose of this Article is fourfold: first, to illustrate that there is currently a newer, more balanced consensus view in American products liability law today; second, to demonstrate that this current, realistically balanced, consensus in American products liability law is persuasively codified in a proposed revision to section 402A, Restatement (Second) of Torts, by Professors James Henderson and Aaron Twerski; third, to compare and contrast current Virginia products liability law with the Henderson- Twerski proposed revision of section 402A; fourth, to propose new legislation in Virginia that would incorporate the Henderson-Twerski proposal, and would realistically reform existing Virginia products …
The Case For A Feminist Torts Casebook, Carl W. Tobias
The Case For A Feminist Torts Casebook, Carl W. Tobias
Law Faculty Publications
Professor Leslie Bender's recent essay, An Overview of Feminist Torts Scholarship, contributes substantially to the construction of feminist perspectives on tort law. She carefully and comprehensively surveys burgeoning feminist scholarship in the field of torts. Professor Bender closely examines feminist histories of substantive tort law, the application of feminist theory to tort doctrine, to tort law concepts, and to the teaching of torts, tort issues that are important to women's lives, social science research involving feminism and torts, book reviews that are relevant to feminist tort law, and overviews of material that implicate feminist viewpoints of torts. After Professor Bender …
Understanding The Malpractice Wars, Thomas B. Metzloff
Understanding The Malpractice Wars, Thomas B. Metzloff
Faculty Scholarship
No abstract provided.
Using Comparative Fault To Replace The All-Or-Nothing Lottery Imposed In Intentional Torts Suits In Which Both Plaintiff And Defendant Are At Fault , Gail D. Hollister
Using Comparative Fault To Replace The All-Or-Nothing Lottery Imposed In Intentional Torts Suits In Which Both Plaintiff And Defendant Are At Fault , Gail D. Hollister
Faculty Scholarship
All or nothing. For years this idea of absolutes has been a hallmark of tort law despite the inequities it has caused. Plaintiffs must either win a total victory or suffer total defeat. In recent years courts and legislatures have begun to recognize the injustice of the all-or-nothing approach and to replace it with rules that permit partial recoveries that are more equitably tailored to the particular facts of each case. The most dramatic example of this more equitable approach is the nearly universal rejection of contributory negligence in favor of comparative fault in negligence cases. Almost all jurisdictions, however, …
Design Defect Liability: In Search Of A Standard Of Responsibility, Mary J. Davis
Design Defect Liability: In Search Of A Standard Of Responsibility, Mary J. Davis
Law Faculty Scholarly Articles
Responsibility for the consequences of our own actions and occasionally for the actions of others seems to have been largely forgotten as a foundation for governing conduct. This Article advocates re-emphasizing responsibility in one important area, that of manufacturer liability for product design. To that end, the author proposes the highest standard of conduct by which to judge product manufacturers' design decisions. The standard proposed in this Article is higher than merely reasonable, prudent conduct and is not the allegedly "strict" liability frequently imposed. The standard this Article proposes reflects an emphasis on responsible conduct in light of the special …
Federal Preemption Of State Products Liability Doctrines, Richard C. Ausness
Federal Preemption Of State Products Liability Doctrines, Richard C. Ausness
Law Faculty Scholarly Articles
Federal agencies now regulate the manufacture, design, and labeling of hundreds of consumer products. For example, the Consumer Product Safety Commission promulgates "consumer product safety standards" for a number of consumer products. Likewise, the National Traffic and Motor Vehicle Safety Act of 1966 authorizes the National Highway Transportation Safety Administration to develop safety standards for automobiles and other motor vehicles. Additionally, the Food and Drug Administration (FDA) exercises extensive control over prescription drugs, biologics, medical devices, and over-the-counter drugs. The FDA also regulates food labeling.6 Finally, Congress has established statutory labeling requirements for cigarettes, smokeless tobacco products, and alcoholic beverages. …