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Full-Text Articles in Law
Rawlsian Fairness And Regime Choice In The Law Of Accidents, Gregory Keating
Rawlsian Fairness And Regime Choice In The Law Of Accidents, Gregory Keating
Gregory C. Keating
Early in the 1970's George Fletcher wrote a remarkable article Fairness and Utility in Tort Theory—connecting distinctively Rawlsian ideas of fairness with reciprocity of risk imposition. Fletcher argued that nonreciprocity of risk both characterized realms of strict liability in tort and justified those realms, whereas reciprocity of risk characterized realms of tort law which were governed by negligence liability, and appropriately so. This article argues (1) against Fletcher’s identification of fairness in the choice of an accident law regime with the presence or absence of reciprocity of risk, and (2) in favor of focusing on the fair distribution of the …
Property Right And Tortious Wrong In Vincent V. Lake Erie, Gregory Keating
Property Right And Tortious Wrong In Vincent V. Lake Erie, Gregory Keating
Gregory C. Keating
Vincent v. Lake Erie has given rise to two enduring controversies. The first concerns the imposition of the duty of repair itself. Lake Erie acted reasonably in lashing its ship to Vincent's dock and damaging the dock. Why should justified conduct--doing the right thing--give rise to liability in tort? The second concerns the basis of the duty of reparation recognized by the case. Is it rooted in Vincent's property right to exclude Lake Erie, a right overriden by the urgency of Lake Erie's plight but perhaps possessed of enough residual pull to compel compensation? Or is it grounded not on …
Tort And Accident Law: Cases And Materials, 4th Ed., Gregory Keating
Tort And Accident Law: Cases And Materials, 4th Ed., Gregory Keating
Gregory C. Keating
No abstract provided.
Irreparable Injury And Extraordinary Precaution: The Safety And Feasibility Norms In American Accident Law, Gregory Keating
Irreparable Injury And Extraordinary Precaution: The Safety And Feasibility Norms In American Accident Law, Gregory Keating
Gregory C. Keating
The tort law of negligence is one of our principal forms of protection against accidental physical injury. But it is underspecified in one respect and incomplete in another. The common law of negligence is underspecified in that its norm of reasonable care does not register clearly enough the fact that it is reasonable to take greater precautions against some kinds of physical injuries — severe and irreparable ones — than it is against other kinds — mild and fully repairable ones. The common law of negligence is incomplete in that it relies on the award of money damages to induce …
Teacher's Manual To Accompany Tort And Accident Law, 3rd Ed., Gregory Keating
Teacher's Manual To Accompany Tort And Accident Law, 3rd Ed., Gregory Keating
Gregory C. Keating
No abstract provided.