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2005

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Articles 61 - 70 of 70

Full-Text Articles in Law

The Rise And Fall Of Law And Economics: An Essay For Judge Guido Calabresi, Ugo Mattei Jan 2005

The Rise And Fall Of Law And Economics: An Essay For Judge Guido Calabresi, Ugo Mattei

Maryland Law Review

No abstract provided.


A Comment On Private Harms In The Cyber-World, Christopher Wolf Jan 2005

A Comment On Private Harms In The Cyber-World, Christopher Wolf

Washington and Lee Law Review

No abstract provided.


Symposium: Toward A Feminist Revision Of Torts, Jennifer B. Wriggins Jan 2005

Symposium: Toward A Feminist Revision Of Torts, Jennifer B. Wriggins

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Why Tobacco Litigation Has Not Been Successful In The United Kingdom: A Comparative Analysis Of Tobacco Litigation In The United States And The United Kingdom, Andrei Sirabionian Jan 2005

Why Tobacco Litigation Has Not Been Successful In The United Kingdom: A Comparative Analysis Of Tobacco Litigation In The United States And The United Kingdom, Andrei Sirabionian

Northwestern Journal of International Law & Business

Litigation against tobacco companies, about smoking-related diseases, is novel outside of the United States. While in the past two decades U.S. courts have handed down costly verdicts against tobacco companies, European courts have not been as willing to rule against the tobacco industry. European courts have been much more reluctant to award damages to individuals with smoking related diseases or their families. As a result, courts outside the United States have not handed down major decisions against tobacco companies.


Stomaching The Burden Of Dietary Supplement Safety: The Need To Shift The Burden Of Proof Under The Dietary Supplement Health And Education Act Of 1994, Morgan J. Wais Jan 2005

Stomaching The Burden Of Dietary Supplement Safety: The Need To Shift The Burden Of Proof Under The Dietary Supplement Health And Education Act Of 1994, Morgan J. Wais

Seattle University Law Review

This article gives a brief historical perspective on dietary supplement regulation and discusses the evolution of drug regulation by the FDA. Part II concludes with a discussion of the political environment in which these regulations occur. Part III gives examples and show how the current system has caused injury and harm to consumers of dietary supplements. Part IV discusses the current burden of proof and how it was applied in the case of ephedra. Part V discusses how, under the current regulatory structure, consumers cannot be adequately protected, either by the FDA or the tort system. Part VI discusses the …


Washington State's 45-Year Experiment In Government Liability, Michael Tardif, Rob Mckenna Jan 2005

Washington State's 45-Year Experiment In Government Liability, Michael Tardif, Rob Mckenna

Seattle University Law Review

Washington's waiver of sovereign immunity has been in force for nearly forty-five years, during which time many questions have been answered. New litigation, however, continues to expand the scope of the waiver, and the extent of liability continues to raise new questions and present difficult problems. Major problems include the uncertainty of case-by-case determinations of government liability and the cost of liability for inherently risky governmental programs, such as corrections and child welfare. Part I of this Article examines the waiver against the background of prior Washington law and the pattern of immunity waivers in other jurisdictions. This examination reveals …


Dispensing With The Public Interest Requirement In Private Causes Of Action Under The Washington Consumer Protection Act, Jonathan A. Mark Jan 2005

Dispensing With The Public Interest Requirement In Private Causes Of Action Under The Washington Consumer Protection Act, Jonathan A. Mark

Seattle University Law Review

It has been more than eighteen years since the Washington Supreme Court handed down its landmark decision in Hangman Ridge Training Stables v. Safeco Title Insurance Company. This was the final decision in a string of cases in which the court attempted to resolve problems arising from the application and interpretation of the right to a private cause of action under Washington's Consumer Protection Act ("CPA"). This Article explores the application of the public interest requirement since the decision in Hangman Ridge and considers whether the tests devised by the Hangman Ridge court to determine public interest are still …


Law And Liberty In Virtual Worlds, Jack M. Balkin Jan 2005

Law And Liberty In Virtual Worlds, Jack M. Balkin

NYLS Law Review

No abstract provided.


Suing Amy: A Love Story, Cameron Stracher Jan 2005

Suing Amy: A Love Story, Cameron Stracher

NYLS Law Review

No abstract provided.


Liability Insurance And Accident Prevention: The Evolution Of An Idea, Kenneth S. Abraham Jan 2005

Liability Insurance And Accident Prevention: The Evolution Of An Idea, Kenneth S. Abraham

Maryland Law Review

No abstract provided.