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Full-Text Articles in Law

On Sugarman On Tort-Chopping, Oscar S. Gray Jan 1987

On Sugarman On Tort-Chopping, Oscar S. Gray

Faculty Scholarship

No abstract provided.


The Fault Concept In Personal Injury Cases In Minnesota: Implications For Tort Reform, Michael K. Steenson Jan 1987

The Fault Concept In Personal Injury Cases In Minnesota: Implications For Tort Reform, Michael K. Steenson

Faculty Scholarship

Legislative tort reform proposals have attempted to restore what is perceived to be an imbalance in the tort-litigation system by limiting tort recoveries. One of the motivating factors behind tort reform proposals is a concern that tort law has deviated from a fault-based system of liability. It is this concern over the structure of the fault system in Minnesota that is the subject of this Article. This Article examines Minnesota Supreme Court opinions of the 20th Century to determine whether the court's decisions deviated from a fault-based system of liability. The focus is on change, accepted and rejected. The purpose …


The Regulation Of Entrepreneurial Litigation: Balancing Fairness And Efficiency In The Large Class Action, John C. Coffee Jr. Jan 1987

The Regulation Of Entrepreneurial Litigation: Balancing Fairness And Efficiency In The Large Class Action, John C. Coffee Jr.

Faculty Scholarship

Just as war is too important to be left to generals, civil procedure – with apologies to Clemenceau – is too important to be left to proceduralists. Although it would be a serious overstatement to claim that all civil procedure scholars are confined by a tunnel vision focused only on the Federal Rules of Civil Procedure, they have as a group been reluctant to engage explicitly in incentive-based reasoning and seem particularly hesitant to reexamine what they must know to be a noble myth: namely, that the client can and should control all litigation decisions. Within an important and expanding …


Rethinking The Class Action: A Policy Primer On Reform, John C. Coffee Jr. Jan 1987

Rethinking The Class Action: A Policy Primer On Reform, John C. Coffee Jr.

Faculty Scholarship

Today, virtually everyone has a proposal for "reforming" class action litigation but both consensus and coherence are lacking. Some proposals are bluntly restrictive. For example, the Reagan Administration would reduce attorney's fees, place a ceiling on product liability, and partially repeal treble damage statutes. In the same vein, the United States Supreme Court has shown itself parsimonious on the question of fee awards, by authorizing fee waivers, approving offers of settlement that seemingly permit fee shifting against the plaintiff's attorney, and curtailing the traditional bases on which a fee award may be enhanced. Other proposals have offered essentially neutral procedural …


Whence Knowledge Intent? Whither Knowledge Intent?, David Jung, David I. Levine Jan 1987

Whence Knowledge Intent? Whither Knowledge Intent?, David Jung, David I. Levine

Faculty Scholarship

No abstract provided.


Whence Knowledge Intent? Whither Knowledge Intent?, David I. Levine Jan 1987

Whence Knowledge Intent? Whither Knowledge Intent?, David I. Levine

Faculty Scholarship

No abstract provided.