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Full-Text Articles in Law
Petition For A Writ Of Certiorari, Calhoun V. Yamaha Motor Corp, No. 00-681 (U.S. Oct 30, 2000), David C. Vladeck
Petition For A Writ Of Certiorari, Calhoun V. Yamaha Motor Corp, No. 00-681 (U.S. Oct 30, 2000), David C. Vladeck
U.S. Supreme Court Briefs
No abstract provided.
A Reexamination Of The Distinction Between "Loss-Allocating" And "Conduct-Regulating Rules", Wendy Collins Perdue
A Reexamination Of The Distinction Between "Loss-Allocating" And "Conduct-Regulating Rules", Wendy Collins Perdue
Georgetown Law Faculty Publications and Other Works
In this paper, I disagree with the premise that all tort rules can be meaningfully classified as either compensatory or deterrent. I argue that most tort rules are both and that "the compensation and deterrence goals ascribed to the tort system cannot be separated.” I then explore the impact on the Louisiana tort choice of law code of this alternative understanding of tort law. My analysis begins with the proposition that all tort rules are loss-allocating. A liability rule shifts the loss from the injured victim to the tortfeasor; conversely a rule of no liability means that the loss, no …