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Full-Text Articles in Law
The Price-Anderson Public Liability Action And Strict Liability, Donald E. Jose, Michael A. Garza
The Price-Anderson Public Liability Action And Strict Liability, Donald E. Jose, Michael A. Garza
ExpressO
Nuclear Power and nuclear weapons plants seem to be an ultrahazardous activity for which strict liability should apply. However, unusual provisions of the Price-Anderson Act serve to shield nuclear power and nuclear weapons plants and associated activities from strict liability unless the federaq agency regulating the activity determins that a special from of strict liability can be applied.
Strict Liability And The Liberal Justice Theory Of Torts, Alan Calnan
Strict Liability And The Liberal Justice Theory Of Torts, Alan Calnan
ExpressO
Ask a group of tort scholars to explain the relationship between fault and strict liability and the responses are likely to be sharply split. An economist might reply that strict liability—assigned on the basis of efficiency—should be the rule and fault, if it is to apply at all, but a reluctant and occasional exception. A moralist, however, would likely give the opposite opinion—that fault, defined as deontological culpability, should be the rule and strict liability the exception.
Ironically, both economists and moralists often base their views on liberal principles. Economists rely on the political dimension of liberalism, arguing that government …