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Full-Text Articles in Law
Making Preconception Tort Theory Crisper, Mark Strasser
Making Preconception Tort Theory Crisper, Mark Strasser
Marquette Law Review
More and more individuals seeking to expand their families make use of
someone else’s gametes to help create a child. Unsurprisingly, those
considering the use of donated or purchased gametes often seek reassurance
that the use of those gametes will not create an increased risk that a child
thereby produced will have a severe disease. Sometimes, because of negligence
or recklessness, gametes are used that result in children having severe disease
where that outcome would have been avoided though the use of reasonable
care. Regrettably, courts addressing whether liability may be imposed in such
cases have sometimes misunderstood and misapplied …
The Burdens Of All: Progressive Origins Of Accident Cost Socialization In Tort Law, 1870-1920, Joseph A. Ranney
The Burdens Of All: Progressive Origins Of Accident Cost Socialization In Tort Law, 1870-1920, Joseph A. Ranney
Marquette Law Review
Scholars who have studied the Progressive Movement’s contributions to
American law have paid little attention to its impact on tort law. This Article
helps fill the gap by examining the ways in which Progressivism shaped the rise
of employer liability law, workers compensation, and comparative negligence
during the late-nineteenth and early-twentieth centuries. The Article places
these reforms within the broader social history of American tort law—a
gradual, often tortuous transition from free-labor beliefs that the law should
encourage personal responsibility and economic growth above all else to a
realization that injuries are an unavoidable cost of economic modernization,
accompanied by …