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Full-Text Articles in Law
Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel
Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel
Vanderbilt Law Review
This Article begins by describing the market for investment in commercial litigationA Litigation-investment transactions share features of existing economic relationships, such as commercial lending, liability insurance, contingent fee-financed representation, and venture capital, but none of these existing practices furnishes a suitable analogy for regulating litigation investment. Like third-party insurance, litigation investment is a way to manage the risk associated with litigation while bringing to bear the particular subject matter expertise of a risk-neutral institutional actor. Insurance companies and litigation investors may be systematically in a better position to reduce the risk of litigation, either through risk pooling or information-cost advantages. …
Corporate Liability, Risk Shifting, And The Paradox Of Compliance, William S. Laufer
Corporate Liability, Risk Shifting, And The Paradox Of Compliance, William S. Laufer
Vanderbilt Law Review
The evolution of corporate criminal law is explained by the shifting risks of liability and loss between corporations and their agents in accommodating the illogic of vicarious liability. A vivid example of the effects of this risk shifting is seen with the recent emergence of the good citizen corporation movement. This movement en- courages prosecutors with vast discretion to leverage indictments and convictions of subordinate agents, resort to civil and administrative actions against large and medium-sized corporations in place of criminal indictments, compromise agent indemnification, and enforce corporate self-regulation through elaborate plea agreements. Not surprisingly, organizations tend to conceive of …
Deterring Irresponsible Use And Disposal Of Toxic Substances: The Case For Legislative Recognition Of Increased Risk Causes Of Action, Tamsen D. Love
Deterring Irresponsible Use And Disposal Of Toxic Substances: The Case For Legislative Recognition Of Increased Risk Causes Of Action, Tamsen D. Love
Vanderbilt Law Review
Increasing risk does not ordinarily result in tort liability. For instance, every speeding driver increases the risk of a traffic accident.' Tort liability, however, attaches only if the driver actually causes an accident, This means that of two reckless drivers who engage in exactly the same risky behavior, one might face great liability, while the other might escape with no liability at all. The difference between the two cases is in many ways a mere fortuity-whether timing and circumstance conspire to cause a traffic accident in a particular case or not. Many acts of reckless driving go unanswered in tort …
Workmen's Compensation And The Social Security Disability Program: A Contrast, Arthur Abraham, Irwin Wolkstein
Workmen's Compensation And The Social Security Disability Program: A Contrast, Arthur Abraham, Irwin Wolkstein
Vanderbilt Law Review
Recently, concern has been expressed that the federal disability insurance program may expand and engulf state workmen's compensation systems; legislation aimed at eliminating this possibility has been introduced in Congress. The authors attempt in this article to shed some light on the controversy; after describing the various disability protection programs, they turn to a detailed discussion of the overlap, interrelationship, and differences between the protection offered by the federal social security and state workmen's compensation programs. They conclude by discussing the arguments which can be made both for and against an "offset" provision in the social security law.
Insurance -- 1962 Tennessee Survey, Robert N. Covington
Insurance -- 1962 Tennessee Survey, Robert N. Covington
Vanderbilt Law Review
The courts of Tennessee were confronted by a number of interesting problems of insurance law during 1962. For the most part, the results were neither startling nor unsettling. There were, however, decisions that seem to qualify previous opinions, sometimes without citation, and there was one very troublesome opinion concerning credit life insurance.
Insurance -- 1961 Tennessee Survey, Robert N. Covington
Insurance -- 1961 Tennessee Survey, Robert N. Covington
Vanderbilt Law Review
The developments in the Tennessee law of insurance during the past year were important without being surprising. The various courts delivered opinions dealing with a number of the central issues in insurance law, especially in the field of risk control, and by and large followed the line of thinking established by past years. Many of the decisions are of less significance than one might suppose, because of their extreme involvement in particular fact situations.