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Selected Works

Torts

2005

Articles 1 - 5 of 5

Full-Text Articles in Law

Tort Reform Through Damages Law Reform, Stephen D. Sugarman Aug 2005

Tort Reform Through Damages Law Reform, Stephen D. Sugarman

Stephen D Sugarman

In this article I compare tort damages law in Australia (most expecially recent reforms in New South Wales) with that of the US, and I propose changes in the US rules based on Australian experience (and that of some other nations).

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Let's Try Performance-Based Regulation To Attack Our Smoking And Obesity Problems, Stephen D. Sugarman May 2005

Let's Try Performance-Based Regulation To Attack Our Smoking And Obesity Problems, Stephen D. Sugarman

Stephen D Sugarman

Instead of "command and control" regulation, and instead of litigation, let's try "performance-based regulation" as a way to force enterprises that are responsible for our obesity and smoking problems to solve them.

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Products Liability And Basic Tort Law, Martin Kotler Dec 2004

Products Liability And Basic Tort Law, Martin Kotler

Martin A. Kotler

No abstract provided.

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The Torts Game: Defending Mean Joe Greene, Jonathan Zittrain, Jennifer Harrison Dec 2004

The Torts Game: Defending Mean Joe Greene, Jonathan Zittrain, Jennifer Harrison

Jonathan Zittrain

No abstract provided.

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Can There Be A Unified Theory Of Torts? A Pluralist Suggestion From History And Doctrine, Christopher J. Robinette Dec 2004

Can There Be A Unified Theory Of Torts? A Pluralist Suggestion From History And Doctrine, Christopher J. Robinette

Christopher J Robinette

In this article, I discuss the tendency of tort theorists to attempt to unify all of tort law. In other words, many scholars have sought to explain torts by the use of a single idea. Originally, scholars attempted a unity of doctrine, such as Holmes' focus on negligence. In the last several decades, scholars have sought to unify torts by rationale. In particular, modern scholars tend to view torts either as a means of deterring injuries or of achieving corrective justice.

I argue that both history and doctrine suggest that the attempt to unify all of torts is futile. From …

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