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Full-Text Articles in Law
Requiem For A Remedy: The Law And Economics Of Mutual Pharmaceutical V. Bartlett’S Over-Preemption, Robert C. Baker Iii
Requiem For A Remedy: The Law And Economics Of Mutual Pharmaceutical V. Bartlett’S Over-Preemption, Robert C. Baker Iii
Maryland Law Review Online
No abstract provided.
The Challenge To The Individual Causation Requirement In Mass Products Torts, Donald G. Gifford
The Challenge To The Individual Causation Requirement In Mass Products Torts, Donald G. Gifford
Faculty Scholarship
This article uses the example of mass products torts to test the traditional principle that requires a specific victim to prove that a particular injurer caused her harm in order to establish tort liability. Proponents of the instrumentalist conception of torts, notably those identified with law and economics such as Calabresi and Posner, view any requirement of individualized causation as “old-fashioned” and inconsistent with their goals of achieving loss minimization and loss distribution or wealth maximization. In contrast, corrective justice theorists, such as Ernest Weinrib, argue that particularized causation is intrinsic to the entire notion of tort liability. The judicial …
Intended Use In Products Liability - Parks V. Simpson Timber Co.
Intended Use In Products Liability - Parks V. Simpson Timber Co.
Maryland Law Review
No abstract provided.