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The Supreme Court And The Tort Claims Act: End Of An Enlightened Era, Richard Krotseng
The Supreme Court And The Tort Claims Act: End Of An Enlightened Era, Richard Krotseng
Cleveland State Law Review
Recent decisions of the Court interpreting the Federal Tort Claims Act, including Laird v. Nelms and Stencel Aero Engineering Corp. v. United States, and to a lesser extent, Logue v. United States and United States v. Orleans, indicate a definite shift away from the Supreme Court's broad view of the Act, towards a much narrower concept of governmental tort liability. It is the purpose of this note to document and analyze this rather drastic shift in construction of the FTCA, in light of the past precedents, legislative history and public policy.
Product Liability: Curse Or Bulwark Of Free Enterprise, Guido Calabresi
Product Liability: Curse Or Bulwark Of Free Enterprise, Guido Calabresi
Cleveland State Law Review
What the government and the various states which have also reacted to the product liability "crisis" by passing "codes" have not faced, however, is the fact that the "uncertainties" they would abolish to a large extent only reflect the risks inherent in the manufacture and use of complex and even of simple products. Uncertainty and risk are allocated and occasionally misallocated by the tort system, but they are not caused by it. As a result, the proposed codes may well reallocate or shift the burdens of accident risks and uncertainty, in part or in whole, from the manufacturer (on whom …
Ohio Railroad Crossing Law: The Scope Of Liability, Donald P. Traci
Ohio Railroad Crossing Law: The Scope Of Liability, Donald P. Traci
Cleveland State Law Review
As a practicing attorney involved in personal injury suits initiated as the result of railroad crossing accidents, the author of this article shares a sense of guilt with other trial attorneys for the unsettled and confusing legal ruins left by recent efforts to moderate the statutory interpretations applicable to railroad crossing accidents. The history of the contradictions in the development of railroad crossing law and an alternative statutory interpretation to resolve the inconsistencies evidenced by the courts is the subject of this article.
Ohio Railroad Crossing Law: The Scope Of Liability, Donald P. Traci
Ohio Railroad Crossing Law: The Scope Of Liability, Donald P. Traci
Cleveland State Law Review
As a practicing attorney involved in personal injury suits initiated as the result of railroad crossing accidents, the author of this article shares a sense of guilt with other trial attorneys for the unsettled and confusing legal ruins left by recent efforts to moderate the statutory interpretations applicable to railroad crossing accidents. The history of the contradictions in the development of railroad crossing law and an alternative statutory interpretation to resolve the inconsistencies evidenced by the courts is the subject of this article.