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Articles 391 - 420 of 421
Full-Text Articles in Law
Eliminating The "Defect" In Design Strict Products Liability Theory, John L. Diamond
Eliminating The "Defect" In Design Strict Products Liability Theory, John L. Diamond
Faculty Scholarship
No abstract provided.
Competitive Process And Gray Market Goods, The , Jacqueline Nolan-Haley
Competitive Process And Gray Market Goods, The , Jacqueline Nolan-Haley
Faculty Scholarship
Although it has the appearance of benefiting the consumer, the phenomenon of gray market goods is, for the most part, a species of unfair competition. Where an exclusive distribution contract between foreign and domestic entities enhances interbrand competition and satisfies a rule of reason analysis, it should be considered a protectable property interest. There is little justification for permitting gray market imports to interfere with that interest by taking advantage of the good will associated with the distribution, marketing, warranties and servicing provided by the United States distributor. The antitrust goal of promoting long-run consumer interests is not advanced by …
Seizing The Middle Ground Between Rules And Standards In Design Defect Litigation: Advancing Directed Verdict Practice In The Law Of Tort, Aaron Twerski
Faculty Scholarship
No abstract provided.
A Primer On Minnesota No-Fault Automobile Insurance, Michael K. Steenson
A Primer On Minnesota No-Fault Automobile Insurance, Michael K. Steenson
Faculty Scholarship
The Minnesota No-Fault Act has undergone substantial change since its enactment in 1974. Recent legislative modifications and judicial constructions of the Act's provisions have served to correct earlier deficiencies, but have raised new and complex problems of interpretation. In light of these developments, Professor Steenson provides an overview that explains how the Act functions. After tracing the history of automobile insurance regulation in Minnesota, Professor Steenson examines in detail the various compulsory and optional insurance coverages under the Act, the proper sources of payment under those coverages, and the limitations imposed by the Act on the right to recover damages …
The Perils Of Writing An Intellectual History Of Torts (Review Essay), George C. Christie
The Perils Of Writing An Intellectual History Of Torts (Review Essay), George C. Christie
Faculty Scholarship
Reviewing, G. Edward White, Tort Law in America: An Intellectual History (1980)
The Right To Privacy In Nineteenth Century America, David J. Seipp
The Right To Privacy In Nineteenth Century America, David J. Seipp
Faculty Scholarship
On December 15, 189o, Samuel D. Warren and Louis D. Brandeis, two young Boston law partners, published an article in the Harvard Law Review entitled The Right to Privacy. In that article, they proposed a remedy for invasions of personal privacy by the press. More than ninety years later, protection of privacy has become a major concern of the law. Legal scholars have organized the extensive body of case law into a coherent common law of privacy; the Supreme Court has enshrined the right to privacy in the "penumbra" of the Bill of Rights; and Congress has enacted additional safeguards.
The Anatomy Of Products Liability In Minnesota: Principles Of Loss Allocation, Michael K. Steenson
The Anatomy Of Products Liability In Minnesota: Principles Of Loss Allocation, Michael K. Steenson
Faculty Scholarship
In this article, Professor Steenson continues the discussion that began in The Anatomy of Products Liability in Minnesota: The Theories of Recovery, appearing in the last Issue of the William Mitchell Law Review, by shifting the analytical focus to the problems involved in allocating awards among the parties in Minnesota products liability cases. Professor Steenson analyzes defenses, contribution and indemnity, and the impact of Minnesota's comparative fault act on products liability law.
The Anatomy Of Products Liability In Minnesota: The Theories Of Recovery, Michael K. Steenson
The Anatomy Of Products Liability In Minnesota: The Theories Of Recovery, Michael K. Steenson
Faculty Scholarship
The law of products Iiability has undergone a dramatic evolution since MacPherson v. Buick Motor Co. As a result of this rapid development, substantial uncertainty as to the scope of liability of product manufacturers and sellers exists. The purpose of this Article is to eliminate some of that confusion. After tracing the history and development of the law of products liability in Minnesota, the author discusses the various elements and standards of strict Iiability. Finally, the author proposes several jury instructions that help clarify the relationship between strict liability and negligence. Throughout the Article, Minnesota is used as a model …
Standard Of Care For Children Revisited, Oscar S. Gray
Standard Of Care For Children Revisited, Oscar S. Gray
Faculty Scholarship
No abstract provided.
Confessions Of A Horizontalist: A Dialogue On The First Amendment, Larry Yackle
Confessions Of A Horizontalist: A Dialogue On The First Amendment, Larry Yackle
Faculty Scholarship
It is hardly surprising that the Supreme Court has never developed a satisfying theory of the first amendment. Free speech and press problems are many and varied, demanding the most delicate balance of interests in order to preserve a system of freedom of expression and at the same time afford proper respect for competing governmental objectives. Doctrine adapted to one medium of expression may not sit well when applied to others. With the passage of time, changes in technology, economic conditions, and the very nature of expression tend to outstrip the Court's ability to keep pace with doctrinal innovations. There …
Torts 1978 Survey Of New York Law: Part Five: Miscellaneous, Michael M. Martin
Torts 1978 Survey Of New York Law: Part Five: Miscellaneous, Michael M. Martin
Faculty Scholarship
The principal torts decisions this Survey year, especially in the products liability area, seemed to leave as many questions unanswered as they resolved. The Court of Appeals held that a noncontracting user's claim for injuries from a defective product sounded in tort for limitations purposes, but the Court did not decide what limitation period would be applicable if a statutory breach of warranty claim were also asserted. The contributory negligence defense to a strict products liability claim was upheld by a reference to the appellate division's opinion in a second-collision case. The analytically suspect "sales"-"service" distinction was reaffirmed in an …
A Critique Of The Uniform Product Liability Law -- A Rush To Judgment, Aaron Twerski, A. S. Weinstein
A Critique Of The Uniform Product Liability Law -- A Rush To Judgment, Aaron Twerski, A. S. Weinstein
Faculty Scholarship
No abstract provided.
The Many Faces Of Misuse: An Inquiry Into The Emerging Doctrine Of Comparative Causation, Aaron Twerski
The Many Faces Of Misuse: An Inquiry Into The Emerging Doctrine Of Comparative Causation, Aaron Twerski
Faculty Scholarship
No abstract provided.
Misrepresentation - Part Ii, Fleming James, Oscar S. Gray
Misrepresentation - Part Ii, Fleming James, Oscar S. Gray
Faculty Scholarship
No abstract provided.
From Defect To Cause To Comparative Fault -- Rethinking Some Product Liability Concepts, Aaron Twerski
From Defect To Cause To Comparative Fault -- Rethinking Some Product Liability Concepts, Aaron Twerski
Faculty Scholarship
No abstract provided.
Misrepresentation - Part I, Fleming James, Oscar S. Gray
Misrepresentation - Part I, Fleming James, Oscar S. Gray
Faculty Scholarship
No abstract provided.
Property And Tort In Nuclear Law Today, Kazimierz Grzybowski, William Dobishinski
Property And Tort In Nuclear Law Today, Kazimierz Grzybowski, William Dobishinski
Faculty Scholarship
No abstract provided.
Integrating Governmental And Officer Tort Liability, George A. Bermann
Integrating Governmental And Officer Tort Liability, George A. Bermann
Faculty Scholarship
The legislative and judicial dismantling of sovereign immunity is among the more significant and celebrated reforms of recent American administrative law. In many instances, this development has given those seeking damages for wrongful governmental action their first and only defendant. Even in situations in which litigants already had a cause of action against individual public officials, making the government amenable to suit has enhanced the chances of actual recovery, since officials often lack the means to satisfy judgments rendered against them. The immunity from liability enjoyed by public officials also has undergone a complex series of changes. Though still in …
No-Fault In A Fault Context: Tort Actions And Section 65b.51 Of The Minnesota No-Fault Automobile Insurance Act, Michael K. Steenson
No-Fault In A Fault Context: Tort Actions And Section 65b.51 Of The Minnesota No-Fault Automobile Insurance Act, Michael K. Steenson
Faculty Scholarship
The passage of the Minnesota No-Fault Automobile Insurance Act has created new problems for the Minnesota lawyer. Some of the most pressing problems concern the effect of the Act on tort actions. This article analyzes the provisions of the No-Fault Act dealing with limitations on tort recovery and suggests solutions to come of the many interpretive problems created by the Act.
Class Actions, Richard Briffault
Class Actions, Richard Briffault
Faculty Scholarship
In 1966, the Supreme Court promulgated an amended rule 23 of the Federal Rules of Civil Procedure, replacing a rule that had remained unchanged since 1938. The 1938 rule, which was understood to reflect Professor Moore's famous distinctions among "true," "hybrid," and "spurious" class suits, proved to be a source of confusion almost from its date of promulgation, and by i966 courts were having great difficulty applying the concepts of joint and several rights the rule relied upon to define cases appropriate for class treatment. Commentators ignored the terms of the rule and sought justification for conclusive adjudication of absentee …
Nonphysical Torts And Workmen’S Compensation, Arthur Larson
Nonphysical Torts And Workmen’S Compensation, Arthur Larson
Faculty Scholarship
No abstract provided.
The Technological Expert In Products Liability Litigation, Aaron Twerski, William A. Donaher, Henry R. Piehler, Alvin S. Weinstein
The Technological Expert In Products Liability Litigation, Aaron Twerski, William A. Donaher, Henry R. Piehler, Alvin S. Weinstein
Faculty Scholarship
No abstract provided.
Old Wine In A New Flask -- Restructuring Assumption Of Risk In The Product Liability Era, Aaron Twerski
Old Wine In A New Flask -- Restructuring Assumption Of Risk In The Product Liability Era, Aaron Twerski
Faculty Scholarship
No abstract provided.
From Codling To Bolm To Velez: Triptych Of Confusion, Aaron Twerski
From Codling To Bolm To Velez: Triptych Of Confusion, Aaron Twerski
Faculty Scholarship
No abstract provided.
Fairness And Utility In Tort Theory, George P. Fletcher
Fairness And Utility In Tort Theory, George P. Fletcher
Faculty Scholarship
Professor Fletcher challenges the traditional account of the development of tort doctrine as a shift from an unmoral standard of strict liability for directly causing harm to a moral standard based on fault. He then sets out two paradigms of liability to serve as constructs for understanding competing ideological viewpoints about the proper role of tort sanctions. He asserts that the paradigm of reciprocity, which looks only to the degree of risk imposed by the parties to a lawsuit on each other, and to the existence of possible excusing conditions, provides greater protection of individual interests than the paradigm of …
Common Sense And Conflict Of Laws: A Welcome Change, Aaron Twerski
Common Sense And Conflict Of Laws: A Welcome Change, Aaron Twerski
Faculty Scholarship
No abstract provided.
Measuring Damages In Survival Actions For Tortious Death , Michael M. Martin
Measuring Damages In Survival Actions For Tortious Death , Michael M. Martin
Faculty Scholarship
Survival statutes have been adopted to avoid the effect of common law rules preventing claims for the tortious death of a human being. These statutes give the personal representative such causes of action on behalf of the decedent's estate as the decedent would have had were he still alive. The question the statutes do not answer, however, is the effect of the death of a party on the measure of damages. The Washington Supreme Court's decision in Warner v. McCaughan illustrates the problem. Warner arose out of the death of a twenty-one year old college student. Alleging that the death …
A Return To Jurisdictional Due Process: The Case For The Vanishing Defendant, Aaron Twerski
A Return To Jurisdictional Due Process: The Case For The Vanishing Defendant, Aaron Twerski
Faculty Scholarship
No abstract provided.
Enlightened Territorialism And Professor Cavers: The Pennsylvania Method, Aaron Twerski
Enlightened Territorialism And Professor Cavers: The Pennsylvania Method, Aaron Twerski
Faculty Scholarship
No abstract provided.
The Independent Doctrine Of Ratification V. The Restatement And Mr. Seavey, Aaron Twerski
The Independent Doctrine Of Ratification V. The Restatement And Mr. Seavey, Aaron Twerski
Faculty Scholarship
No abstract provided.