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Articles 1 - 30 of 33
Full-Text Articles in Law
A Doctrine By Any Other Name: The Putative Rejection Of "Crashworthiness" In Virginia Products Liability Law, Paul A. Lebel
A Doctrine By Any Other Name: The Putative Rejection Of "Crashworthiness" In Virginia Products Liability Law, Paul A. Lebel
Popular Media
No abstract provided.
The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker
The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
Dean John Wade And The Law Of Torts, Gary Myers
Dean John Wade And The Law Of Torts, Gary Myers
Faculty Publications
Dean John Wade's death last year ends the career of a great scholar, teacher, and administrator. His many accomplishments and his impressive personal traits have been duly praised and chronicled. His legacy includes an impressive body of scholarly work, many former students trained in the ways of the law, and institutions that are better for his walking their hallways. This article focuses on one particular aspect of Dean Wade's contribution--his impact on the law of torts.
Review Of "Constitutional Torts" By Sheldon H. Nahmod, Michael L. Wells, Thomas A. Eaton, Jack M. Beermann
Review Of "Constitutional Torts" By Sheldon H. Nahmod, Michael L. Wells, Thomas A. Eaton, Jack M. Beermann
Faculty Scholarship
The most interesting issues in the field of constitutional torts, involving the legal and moral bases for the government's responsibility for injuries it causes, are the most difficult ones for lawyers to explore. The question whether, as a moral or social policy matter, governments and government officials should enjoy immunities or other defenses not available to private individuals is rarely confronted directly in judicial opinions or in scholarship on constitutional torts, yet it lurks behind many of the doctrinal issues that come up in constitutional tort litigation.1 A slight scratch on the surface of doctrines as disparate as official …
The Jurisprudence Of Action And Inaction In The Law Of Tort: Solving The Puzzle Of Nonfeasance And Misfeasance From The Fifteenth Through The Twentieth Centuries, Theodore Silver, Jean Elting Rowe
The Jurisprudence Of Action And Inaction In The Law Of Tort: Solving The Puzzle Of Nonfeasance And Misfeasance From The Fifteenth Through The Twentieth Centuries, Theodore Silver, Jean Elting Rowe
Scholarly Works
No abstract provided.
Optimal Issue Separation In Modern Products Liability Litigation, James A. Henderson Jr., Fred Bertram, Michael J. Toke
Optimal Issue Separation In Modern Products Liability Litigation, James A. Henderson Jr., Fred Bertram, Michael J. Toke
Cornell Law Faculty Publications
No abstract provided.
Mass Torts And The Rhetoric Of Crisis, John A. Siliciano
Mass Torts And The Rhetoric Of Crisis, John A. Siliciano
Cornell Law Faculty Publications
No abstract provided.
Settlement Class Actions And The Limits Of Adjudication, James A. Henderson Jr.
Settlement Class Actions And The Limits Of Adjudication, James A. Henderson Jr.
Cornell Law Faculty Publications
This paper is the Comment for a symposium on Individualized Justice, Mass Torts, and "Settlement Class Actions."
Workshop Draft For Reading The Mind Of The Private Law - 1995, Wendy J. Gordon
Workshop Draft For Reading The Mind Of The Private Law - 1995, Wendy J. Gordon
Scholarship Chronologically
Eventually, I hope to produce an article or book called "Reading the Mind of the Private Law." In this project I hope to do three connected things: to simplify the underlying patterns of the common law and associated statutes to make them more comprehensible to newcomers; to provide a more accurately descriptive and more normatively attractive' story' than Posner's notion of value-maximization; and to make sophisticated lawyers' understanding of legal patterns more complete by including an explicit focus on benefits. (Traditional jurisprudence focuses more on harms than on benefits; even the practitioners of economic analysis, which technically speaking should be …
Constitutional Torts: Combining Diverse Doctrines And Practicality, Thomas A. Eaton, Michael Wells
Constitutional Torts: Combining Diverse Doctrines And Practicality, Thomas A. Eaton, Michael Wells
Scholarly Works
Constitutional Torts is, in part, a response to our sense that the upper level curriculum could be improved by courses that bring together areas of doctrine that are often studied in isolation. We think there is substantial value in bringing together seemingly disparate areas of doctrine that bear on a common real-world problem. Students benefit from learning how to put together concepts from different substantive areas in order to solve problems they will face in practice.
Ex Post ≠ Ex Ante: Determining Liability In Hindsight, Kim A. Kamin, Jeffrey J. Rachlinski
Ex Post ≠ Ex Ante: Determining Liability In Hindsight, Kim A. Kamin, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Participants in three conditions (foresight, hindsight, and a modified hindsight condition designed to ameliorate the hindsight effect) assessed whether a municipality should take, or have taken, precautions to protect a riparian property owner from flood damage. In the foresight condition, participants reviewed evidence in the context of an administrative hearing. Hindsight participants reviewed parallel materials in the context of a trial. Three quarters of the participants in foresight concluded that a flood was too unlikely to justify further precautions—a decision that a majority of the participants in hindsight found to be negligent. Participants in hindsight also gave higher estimates for …
Right, Justice, And Tort Law, Richard W. Wright
Right, Justice, And Tort Law, Richard W. Wright
All Faculty Scholarship
No abstract provided.
The Standards Of Care In Negligence Law, Richard W. Wright
The Standards Of Care In Negligence Law, Richard W. Wright
All Faculty Scholarship
No abstract provided.
Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker
Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
Tort Law And Communitarianism: Where Rights Meet Responsibilities, Robert M. Ackerman
Tort Law And Communitarianism: Where Rights Meet Responsibilities, Robert M. Ackerman
Law Faculty Research Publications
No abstract provided.
With The Legislature's Permission And The Supreme Court"S Consent, Common Law Social Host Liability Returns To Minnesota, Michael K. Steenson
With The Legislature's Permission And The Supreme Court"S Consent, Common Law Social Host Liability Returns To Minnesota, Michael K. Steenson
Faculty Scholarship
In 1990, the Minnesota Legislature amended the Civil Damage Act to allow for common law tort claims against persons 21 years old or older who knowingly provide alcohol to a person under 21 years of age. The 1990 amendment is unique because the legislature in effect appears to be releasing its stranglehold on liquor liability law, permitting the courts to apply common law negligence principles under the defined circumstances, but without providing any guidelines as to how the common law remedy should be formulated. The interpretive problems the amendment creates will eventually have to be resolved by the courts. The …
Applying Pesticides: Toward Reconceptualizing Liability To Neighbors For Crop, Livestock And Personal Damages From Agricultural Chemical Drift, Robert F. Blomquist
Applying Pesticides: Toward Reconceptualizing Liability To Neighbors For Crop, Livestock And Personal Damages From Agricultural Chemical Drift, Robert F. Blomquist
Law Faculty Publications
No abstract provided.
Aesthetic Nuisance: Re-Educating The Judiciary, George P. Smith Ii
Aesthetic Nuisance: Re-Educating The Judiciary, George P. Smith Ii
Scholarly Articles
This article discusses how the traditional common-law refusal to grant relief for an aesthetic nuisance has been eroded by various case decisions. The author suggests an “average person” standard for the judiciary to follow for recognizing an aesthetic nuisance.
Reforming Legal Ethics In A Regulated Environment: An Introductory Overview, Lawrence G. Baxter
Reforming Legal Ethics In A Regulated Environment: An Introductory Overview, Lawrence G. Baxter
Faculty Scholarship
Abstract not available
Nuisance Law: The Morphogenesis Of An Historical Revisionist Theory Of Contemporary Economic Jurisprudence, George P. Smith Ii
Nuisance Law: The Morphogenesis Of An Historical Revisionist Theory Of Contemporary Economic Jurisprudence, George P. Smith Ii
Scholarly Articles
The debate over the scope of the concept of reasonableness - its application and use in testing the legality of normative conduct - is of long standing. Recently, it has been suggested that reasonableness be substituted for both legal and moral rightness. I go further in this Article and suggest reasonableness incorporates the goal of economic efficiency and that it is tested or shaped by a simple cost-benefit model that has its legal etiology in the equitable principle of balancing that, in turn, has its roots in the principle of Sic utere tuo ut alienum non laedas, or So use …
Eliminating Proximate Cause As An Element Of The Prima Facie Case From Strict Products Liability, Peter Zablotsky
Eliminating Proximate Cause As An Element Of The Prima Facie Case From Strict Products Liability, Peter Zablotsky
Scholarly Works
No abstract provided.
An Overview Of Ohio Product Liability Law, Stephen J. Werber
An Overview Of Ohio Product Liability Law, Stephen J. Werber
Law Faculty Articles and Essays
Enactment of the Ohio Product Liability Act (the “Act”), which took effect on January 5, 1988, created an exclusive statutory basis for all tort based product liability claims. The statute, while eliminating the term “strict liability in tort,” is primarily a codification of preexisting common law. The Act provides that product liability claims may be predicated on one of four theories: defects in manufacture or construction; defects in design or formulation; defect in warning or instruction, and failure to conform to representation. Each of these theories had previously been recognized by the courts. For example, the requirements for a cause …
Job Security: Protecting At-Will Employees With Good Cause Legislation, Mayumi Yokoyama
Job Security: Protecting At-Will Employees With Good Cause Legislation, Mayumi Yokoyama
LLM Theses and Essays
Recent decades have witnessed significant developments in employment termination law in the United States. In particular, the long-standing “at-will” doctrine, under which employers can fire employees for good, bad, or no reason at all, has experienced great erosion and wide variations in law from state to state. There has been a movement of statutory and common law restrictions limiting an employer’s freedom to terminate at will, which reflects the increasing consciousness of job security by society and workers. This paper analyzes the problem of job security by tracing the origin of the at-will doctrine to 19th century principles favoring economic …
They Can't Do That, Can They? Tort Reform Via Rule 23, Richard L. Marcus
They Can't Do That, Can They? Tort Reform Via Rule 23, Richard L. Marcus
Faculty Scholarship
No abstract provided.
They Came From "Beyond The Pale": Security Interests In Tort Claims, Harold R. Weinberg
They Came From "Beyond The Pale": Security Interests In Tort Claims, Harold R. Weinberg
Law Faculty Scholarly Articles
"[B]eyond the pale" is how the drafters of Article Nine of the Uniform Commercial Code regarded tort claims. They considered tort claims to be noncommercial assets inappropriate for inclusion as collateral within the scope of a commercial financing statute. Tort claims may not be out-of-bounds much longer. The Article Nine Study Committee of the Permanent Editorial Board for the Uniform Commercial Code recommends expansion of the Article's scope to encompass security interests in claims arising out of tort. This recommendation is significant. Tort causes of action comprise an ever-expanding universe of civil wrongs for which courts afford redress. The owners …
Warranties And Remedies On Breach: Proposed Revision Of Article 2 And Related Proposals Concerning Products Liability Law, Richard E. Speidel, James J. White
Warranties And Remedies On Breach: Proposed Revision Of Article 2 And Related Proposals Concerning Products Liability Law, Richard E. Speidel, James J. White
Other Publications
The following materials contain (1) the warranty provisions, §§2-313 through 2-318, from the October, 1995 Draft of Revised Article 2, Sales, with selected Reporter's Notes; (2) Discussion questions on warranties; and (3) A comparison of Revised Article 2 and the ALl's Products Liability Restatement (Tent. Draft #2, March 13, 1995), with discussion problems.
Evidentiary Use (And Misuse) Of The Civil Defendant's Financial Status, Karen M. Grundy
Evidentiary Use (And Misuse) Of The Civil Defendant's Financial Status, Karen M. Grundy
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Corruption Of The Class Action: The New Technology Of Collusion, John C. Coffee Jr.
Corruption Of The Class Action: The New Technology Of Collusion, John C. Coffee Jr.
Faculty Scholarship
Professor Coffee's article, an oral version of which was given at the Cornell Mass Torts conference, is appearing in the Columbia Law Review. However, because commentators in this volume have responded to it, he has authorized the following summary of his views.
Ethics And The Settlement Of Mass Torts: When The Rules Meet The Road, Carrie Menkel-Meadow
Ethics And The Settlement Of Mass Torts: When The Rules Meet The Road, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
The settlement of mass torts through the class action device presents some difficult and troubling issues, including important questions of due process, fairness, justice, efficiency, equality, equity, and ethics. In this context, some of these foundational values conflict with each other and must be "resolved" by judges who must decide actual cases. In analyzing the applicable laws and rules (class action rules, constitutional provisions, and ethics rules) we find answers or suggestions that are often ambiguous or contradictory. All of these unresolved ambiguities raise the question of whether mass torts are any different from any number of difficult cases our …
Class Wars: The Dilemma Of The Mass Tort Class Action, John C. Coffee Jr.
Class Wars: The Dilemma Of The Mass Tort Class Action, John C. Coffee Jr.
Faculty Scholarship
Legal change – like organic evolution – can occur at varying paces. Long periods of gradual evolution are sometimes punctuated by brief moments of rapid, irregular change. Recent developments in class action practice bear witness to this phenomenon: during the 1990s, evolution has given way to mutation. At least with respect to mass torts, the development of the class action had been slow and halting. Well into the 1980s, federal courts uniformly resisted attempts to certify such mass tort class actions, largely out of concern that the interests of the individual litigant would be submerged within any large-scale proceeding. By …