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Full-Text Articles in Law
Tort, Moral Luck, And Blame, Christopher Jackson
Tort, Moral Luck, And Blame, Christopher Jackson
Cleveland State Law Review
For the last several decades, academics have been fighting over what we might think of as the soul of tort law. Law & economic theorists contend that tort is about the efficient allocation of the costs of accidents; traditionalists view tort as a law of wrongs and redress. A common criticism wielded against the traditionalists is the problem of moral luck: It is a bedrock principle of morality that you can only be responsible for that which is under your control. But in many cases, whether and how much a plaintiff recovers against a defendant will turn entirely on factors …
The Distorted Reality Of Civil Recourse Theory , Alan Calnan
The Distorted Reality Of Civil Recourse Theory , Alan Calnan
Cleveland State Law Review
In their recent article Torts as Wrongs, Professors John C.P. Goldberg and Benjamin C. Zipursky offer their most complete and accessible explanation of the civil recourse theory (CRT) of tort law. A purely descriptive account, CRT holds that tort law is exclusively a scheme of private rights for the redress of legal wrongs and is not a pragmatic mechanism for imposing strict liability or implementing public policy. The present paper challenges this view by revealing critical errors in its perspective, methodology, and analysis. It shows that Goldberg and Zipursky do not objectively observe tort law and uncritically report what they …
The Civil False Claims Act And Its Unreasonably Broad Scope Of Liability: The Need For Real "Clarifications" Following The Fraud Enforcement And Recovery Act Of 2009, Ryan Winkler
Cleveland State Law Review
This Note analyzes Congress's most recent attempts to recover fraudulently secured government funds through its modifications of the False Claims Act ("FCA"), and concludes that an amendment to the Act is necessary. To begin, Part II.A. presents a brief historical tracking of the FCA, including the original FCA of 1863, and the critical amendments through 1986. Part II.B. explores relevant interpretations by the courts that established the landscape of false claims litigation prior to the Fraud Enforcement and Recovery Act of 2009 ("FERA"), including Allison Engine v. United States ex. rel. Sanders, in which the United States Supreme Court reversed …