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2015

Torts

Articles 1 - 6 of 6

Full-Text Articles in Law

Toward A Theory Of Stare Decisis, Martin Shapiro Dec 2015

Toward A Theory Of Stare Decisis, Martin Shapiro

Martin Shapiro

Proposes a theory of stare decisis which draws upon the insights of communications theory as well as the decision-making process in tort law. Branches of communications theory; Discussion on the information and redundancy concepts of syntactics; Model which have overshadowed the importance of redundancy in error correction; Key activity of the tort organization and its litigational market operating under the rules of stare decisis; Reason behind the survival of stare decisis.

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In The Eye Of The Beholder: Tort Litigants' Evaluations Of Their Experiences In The Civil Justice System, E. Lind, Robert Maccoun, Patricia Ebener, William Felstiner Dec 2015

In The Eye Of The Beholder: Tort Litigants' Evaluations Of Their Experiences In The Civil Justice System, E. Lind, Robert Maccoun, Patricia Ebener, William Felstiner

Robert MacCoun

Little is known about the reactions of tort litigants to traditional and alternative litigation procedures. To explore this issue, we interviewed litigants in personal injury cases in three state courts whose cases had been resolved by trial, court-annexed arbitration, judicial settlement conferences, or bilateral settlement. The litigants viewed the trial and arbitration procedures as fairer than bilateral settlement, apparently because they believed that trials and arbitration hearings gave their case more respectful treatment. They were less satisfied with the outcome of judicial settlement conferences than with the outcome of bilateral settlements, because judicial settlement conference outcomes were more likely to …

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Estimating Liability Risks With The Media As Your Guide, Daniel Bailis, Robert Maccoun Dec 2015

Estimating Liability Risks With The Media As Your Guide, Daniel Bailis, Robert Maccoun

Robert MacCoun

Argues that the media exaggerates the number of multimillion-dollar awards in lawsuits; US.

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Reflections On The Theory And Administration Of Strict Tort Liability For Defective Products, John Montgomery, David Owen Jul 2015

Reflections On The Theory And Administration Of Strict Tort Liability For Defective Products, John Montgomery, David Owen

David Owen

No abstract provided.

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Mass Tort Settlement Class Actions, Jay Tidmarsh Apr 2015

Mass Tort Settlement Class Actions, Jay Tidmarsh

Jay Tidmarsh

No abstract provided.

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Party Autonomy In Tort Theory And Reform, Christopher Robinette Dec 2014

Party Autonomy In Tort Theory And Reform, Christopher Robinette

Christopher J Robinette

Tort theory has been dominated by a debate between scholars who view tort law as rooted in individualized justice and scholars who argue tort law is an instrument of social policy. This dialogue has distracted scholars from the more important issue of how to properly separate cases worthy of individualized justice treatment from those better suited to routinized resolution. Tort law already contains both types. One potentially fruitful method of separation is to empower the parties themselves to make the decision. They could do so by voluntarily trading liability for the elimination or substantial reduction in non-economic damages. Such an …

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