Law Commons^™

On Race, Gender, And Radical Tort Reform: A Review Of Martha Chamallas & Jennifer B. Wriggins, The Measure Of Injury: Race, Gender, And Tort Law, Vincent R. Johnson

Faculty Articles

The Measure of Injury is an intellectual tour de force of gender and race-based jurisprudence applied to critical issues in the law of torts. In this volume, Martha Chamallas and Jennifer B. Wriggins shed light on numerous issues related to law governing accidents and intentional injuries, while offering insights into the American tort system and the challenges it faces.

Chamallas and Wriggins draw upon the feminist theory, critical race theory, and general critical theory in analyzing tort doctrines and evaluating potential reforms. The authors explore how racial perceptions can distort even seemingly neutral inquiries, such as those related to factual …

Is Usda Organic A Seal Of Deceit: The Pitfalls Of Usda Certified Organics Produced In The United States, China And Beyond, Chenglin Liu

Faculty Articles

American consumers' appetite for organic foods (organics) has dramatically increased since Congress passed the Organic Foods Production Act (OFPA) in 1990. Because the domestic organic food industry has been unable to meet the growing demand for these products, U.S. groceries have increasingly relied on imported organics. Studies show that 40% of organic foods consumed in the United States are imported from over 100 foreign countries.

To regulate organic food production, the United States Department of Agriculture (USDA) accredits certifying agents, which in turn certify organic farms and handlers according to U.S. organic standards. Certifying agents can be state agencies or …

The Court Of Appeals For The Fifth Circuit: A Review Of Selected 2009-2010 Insurance Decisions, Willy E. Rice

Faculty Articles

In light of the Erie doctrine, the Court of Appeals for the Fifth Circuit should certify insurance-conflict questions to the Texas Supreme Court when the opportunity presents itself. Twelve insurance-related cases decided by the Fifth Circuit illustrate issues that the Fifth Circuit struggle with when dealing with Erie problems. These insurance decisions concern jurisdictional, procedural, and substantive questions. How the Fifth Circuit applies the Erie doctrine is investigated at length. In the overwhelming majority of the cases, the panels faithfully adhered to the doctrine. The decisions were generally fair and based upon careful reviews of relevant facts and on intelligent …

Federal Rules Pending Public Comment, David A. Schlueter

Faculty Articles

In August 2011, the Administrative Office of the United States Courts published several rules for public comment. The amendment to Rule 11 would require the judge to apprise a defendant who wishes to plead guilty that, if convicted and not a United States citizen, the defendant may be deported, denied citizenship, and denied future admission to the United States. Several amendments have been proposed for Rule 12 with reference to the appropriate times for pleadings and pretrial motions, and the consequences and standards of review for untimely motions. The change to Rule 34 is intended to conform the rule to …

Credit-Monitoring Damages In Cybersecurity Tort Litigation, Vincent R. Johnson

Faculty Articles

When someone improperly accesses or discloses an individual’s personal information, the subject of that data breach is often at an increased risk of identity theft. One way for an affected data subject to guard against this risk is to subscribe to a credit-monitoring service. Recently, potential cybersecurity defendants have provided credit-monitoring services to affected data subjects voluntarily, and courts have approved credit-monitoring compensation as part of class-action settlements. These developments demonstrate that credit-monitoring expenditures are both reasonable and necessary when a serious breach of data security occurs. Furthermore, the economic loss rule should not bar recovery of credit-monitoring damages because …

Federal Rules Update: Rules Amended As Of December 2010, David A. Schlueter

Faculty Articles

Amendments to the Federal Rules of Procedure and Evidence become effective three years from initial drafting by an advisory committee. Proposed amendments are considered by the respective advisory committees, then circulated for public comment, and then forwarded to the Judicial Conference’s Standing Committee on Rules. If approved by the Judicial Conference, they are sent to the Supreme Court for any appropriate changes. If Congress makes no changes after approval by the Supreme Court, the amendments automatically become effective December 1. Two proposed amendments in 2010 did not become effective because they were not submitted to Congress under the procedure outlined …

The Mystery Of Life In The Laboratory Of Democracy: Personal Autonomy In State Law, Adam J. Macleod

Faculty Articles

Recent controversies, such as enactment of an individual mandate to purchase health insurance and the legalization of assisted suicide in Washington and Montana, have renewed the war over personal autonomy. Debates about the value and limits of personal autonomy also play major roles in the controversies over abortion, same-sex intimacy, and same-sex marriage. On one side of the autonomy war, advocates of unfettered individual freedom assert that by her un-coerced and autonomous choice, the individual person determines the value of human goods such as life, health, and marriage.

On the other side, proponents of strong government restrictions on personal choice …

Limited Partnership Status And The Imposition Of Fiduciary Duties In Texas, Colin P. Marks

Faculty Articles

To avoid liability, many investors in a partnership opt for the structure of a limited partnership. This structure insulates the limited partners from liability by creating a two-tier structure with a general partner and limited partners. The limited partners are at risk of losing only their investment so long as they are not acting as general partners.

Despite the popularity of the limited partnership structure, though, it remains unclear what duties are owed between the various partners. In a general partnership, all partners are fiduciaries to each other. The statutes governing limited partnerships make clear that general partners in a …

The Anticipation Misconception, Colin P. Marks

Faculty Articles

Many commentators and courts have cited to the Supreme Court decision of Hickman v. Taylor as the genesis of the work product doctrine and the requirement that, to be afforded protection, the material in question must be generated “in anticipation of litigation.” The oft quoted policy justification for the protection afforded is that attorneys should be allowed a “zone of privacy” within which to prepare their case for the client. This justification supports limiting protection only to work generated “in anticipation of litigation,” because, presumably, outside of this context there is no need for the “zone of privacy.” However, a …

Malpractice Liability Related To Foreign Outsourcing Of Legal Services, Vincent R. Johnson, Stephen C. Loomis

Faculty Articles

The outsourcing of client-related tasks to service providers in other countries is likely to generate malpractice claims against American law firms. This Article discusses the wide range of theories under which an outsourcing American law firm may be liable for its own negligence or for the actions of outsourcing providers. These theories include negligence by the outsourcing law firm, vicarious liability for the conduct of independent contractors, and vicarious liability for the conduct of business partners.

The Rule Of Law And Enforcement Of Chinese Tort Law, Vincent R. Johnson

Faculty Articles

The majority of the work necessary to advance the Rule of Law in China is yet to be done. This is particularly the case as it relates to deterring accidents and compensating injuries. The Rule of Law is concerned with much more than the substantive terms of legal provisions. As such, China must develop the institutional practices that will bring to fruition the promise of the new Tort Law. In part, this will entail the proper selection, retention, and protection of judges. It will also depend on whether persons have access to the justice system, either through competent counsel or …

Better Late Than Never? The Effect Of The Native American Graves Protection And Repatriation Acts' 2010 Regulations (Comment), Zoe Niesel

Faculty Articles

No abstract provided.