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Articles 1 - 9 of 9
Full-Text Articles in Law
Epsteinian Torts: Richard A. Epstein, Cases And Materials On Torts, Allison H. Eid
Epsteinian Torts: Richard A. Epstein, Cases And Materials On Torts, Allison H. Eid
Seattle University Law Review
A fascinating aspect of Epstein's scholarly work is his exploration of the apparent tension between libertarian principles and utilitarian thought—an exploration that comes alive in his casebook. To Epstein, these two competing principles often coalesce to yield a single "correct" answer to a problem. In other words, the answer that arises from a desire to protect a pre-determined set of individual rights-for example, private property rights, or the right of personal autonomy often produces an outcome that is also beneficial to the overall common good. Some scholars have critiqued Epstein's work by suggesting that there is more disharmony than harmony …
Lindsey V. Tacoma-Pierce County Health Department: Cipollone Revisited, Billboards, State Law Tort Damages Actions, Federal Preemption And The Federal Cigarette Labeling And Advertising Act, Harold C. Reeder
Seattle University Law Review
The Article evaluates Lindsey and other recent cases dealing with local regulations restricting tobacco advertising; it also examines their respective preemption analyses, suggesting that the use of the FCLAA's preemption provision against such regulations is unwarranted. The article argues that in Lindsey, the Ninth Circuit misconstrued the Supreme Court's discussion of the preemptive scope of the FCLAA by failing to read it in the proper contex and that the FCLAA's preemption provision was not intended to prevent the particular types of regulations involved in Lindsey and these other cases. It argues that the preemption provision was only meant to …
Seller Beware: Tort Reform Is Missing In Action; Soproni, Falk, And The Entrenchment Of Strict Products Liability In Washington, Kenneth M. Roessler
Seller Beware: Tort Reform Is Missing In Action; Soproni, Falk, And The Entrenchment Of Strict Products Liability In Washington, Kenneth M. Roessler
Seattle University Law Review
This article evaluates Washington’s products liability laws and their application in ways involving strict liability through the lens of Soproni v. Polygon Apartment Partners. Part I will also closely examine the WPLA, beginning with a discussion of the tort reform context in which it was enacted and the underlying economic reasons for its passage in 1981. This section will discuss how the WPLA ostensibly supplanted Washington common law on product liability, as well as what a careful reading of the statute seems to dictate for litigating product liability claims. The article then examines how the Soproni majority construed the …
In Praise Of The Treatise Writer: Law's Special Knowledge, Ellen M. Bublick
In Praise Of The Treatise Writer: Law's Special Knowledge, Ellen M. Bublick
Seattle University Law Review
Dobbs, the author of the foremost treatise on tort law, and Hayden, the author of a number of thought provoking articles, have written a book with a clear structure—one that carefully and methodically elucidates the doctrinal framework of state tort law. The book also addresses problems in tort theory and practice and outlines major supplements and alternatives to existing tort remedies.
Teaching Torts By Integrating Ethical, Skills, Policy And Real-World Issues, And Using Varied Pedagogical Techniques: Reflections On Using The Henderson, Pearson And Siliciano Casebook, Lynn M. Daggett
Seattle University Law Review
In brief, the Henderson, Pearson, and Siliciano casebook includes materials on ethics, problems and other skill-based activities, a diverse set of ideological perspectives presented in a non-preachy way, and addresses numerous real-world issues and concerns. The casebook also lends itself to the variety of teaching and active learning methods I employ in my Torts classes.
The Wide World Of Torts: Reviewing Franklin & Rabin's Tort Law And Alternatives, Bernard W. Bell
The Wide World Of Torts: Reviewing Franklin & Rabin's Tort Law And Alternatives, Bernard W. Bell
Seattle University Law Review
In several respects, Franklin and Rabin's casebook provides a wonderful and effective vehicle for teaching torts, particularly to first-year students. The book develops important overarching themes while effectively presenting a wide variety of specific tort doctrines. The book also offers professors opportunities to sharpen students' legal abilities. In Part I of this review, I will discuss the first case in Franklin and Rabin's book and explain its usefulness in introducing several themes that both are critical to understanding tort law and assume a prominent place throughout the casebook. In Part II, I will focus on Franklin and Rabin's treatment of …
When Torts Is More Than A Series Of Accidents: Epstein On Torts, Victor Flatt
When Torts Is More Than A Series Of Accidents: Epstein On Torts, Victor Flatt
Seattle University Law Review
By using the Epstein book, the students learn the basics of torts in a way that is not frustrating, but in which they are still challenged by legal theory and pushed to think. Coupled with the interest and entertainment that are behind the choice of cases, I find the Epstein book to be very appropriate for our students. Of course, no book will fit everyone's needs or styles of teaching. But if you can determine what it is you wish to emphasize, both substantively and doctrinally, you can use this information to assist in selection. If, like me, you want …
A Review Of Torts And Compensation: Personal Accountability And Social Responsibility For Injury, Susan M. Gilles
A Review Of Torts And Compensation: Personal Accountability And Social Responsibility For Injury, Susan M. Gilles
Seattle University Law Review
I will review my selection of Dobbs and Hayden's Torts And Compensation, Personal Accountability And Social Responsibility For Injury (hereinafter "the Dobbs casebook") for use in my year-long first-year torts class. My review will focus on the third edition and will note changes made in the fourth edition, which came out recently. My hope is to tell you a little about the Dobbs casebook and a little about why I thought it would suit my incoming first-year students and my style of teaching. When selecting a casebook I have four main concerns: What is the coverage? Does the casebook employ …
Torts Teaching: From Basic Training To Legal-Process Theory: Dominick Vetri, Tort Law And Practice, Joseph A. Page
Torts Teaching: From Basic Training To Legal-Process Theory: Dominick Vetri, Tort Law And Practice, Joseph A. Page
Seattle University Law Review
It was in the course of my meanderings through the torts-casebook landscape that I came upon Professor Dominick Vetri's entry in the field. The quality that first attracted me was the way it fashioned a user-friendly introduction to the study of law, to the uniqueness of the common law, and to the centrality of process. The book demonstrated an unusual sensitivity to the bewilderment of beginners and made a special effort to anticipate their needs and concerns. Yet what made Vetri's approach particularly intriguing was that it managed to play not only to nervous neophytes, but also to students in …