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Full-Text Articles in Law
Civil Recourse Defended: A Reply To Posner, Calabresi, Rustard, Chamallas, And Robinette, John C. Goldberg, Benjamin Zipursky
Civil Recourse Defended: A Reply To Posner, Calabresi, Rustard, Chamallas, And Robinette, John C. Goldberg, Benjamin Zipursky
Indiana Law Journal
American Association of Law Schools Torts & Compensation Systems Panel
Two Roads Diverge For Civil Recourse Theory, Christopher J. Robinette
Two Roads Diverge For Civil Recourse Theory, Christopher J. Robinette
Indiana Law Journal
American Association of Law Schools Torts & Compensation Systems Panel
Beneath The Surface Of Civil Recourse Theory, Martha Chamallas
Beneath The Surface Of Civil Recourse Theory, Martha Chamallas
Indiana Law Journal
American Association of Law Schools Torts & Compensation Systems Panel
Lost Life And Life Projects, Sean Hannon Williams
Lost Life And Life Projects, Sean Hannon Williams
Indiana Law Journal
This Article provides the first analysis of wrongful death damages from the perspective of individual justice accounts of tort law. There is a widespread belief that wrongful death damages are incoherent. Currently, tort law responds only to the harms of the decedent’s living relatives. Drawing on deterrence rationales, Cass Sunstein, Eric Posner, and others have recommended altering these damage awards so that they respond to the harms of the decedent herself by providing “lost life” damages. This Article offers a different and powerful new foundation for lost life damages rooted in corrective justice and its main competitor, civil recourse. At …
The Kindynamic Theory Of Tort, Christopher P. Guzelian
The Kindynamic Theory Of Tort, Christopher P. Guzelian
Indiana Law Journal
Commentators complain of two major deficiencies in modern tort law: (1) that liability concepts such as "negligence" or "duty " are so vacuously defined as to permit inadvertent subjectivity and error to hinder proper case adjudication, and (2) that tort is too slow in recognizing newly discovered risks and properly compensating nascent classes of injury. We accordingly report on the Kindynamic Theory, an emerging philosophy that overcomes these twin deficiencies and sharpens understanding of poorly articulated tort intuitions
Kindynamics contends that causation is the cornerstone of tort, and that all risks are, at core, causal propositions. Contrary to its many …