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University of Maryland Francis King Carey School of Law

2005

Torts

Articles 1 - 22 of 22

Full-Text Articles in Law

The Challenge To The Individual Causation Requirement In Mass Products Torts, Donald G. Gifford Apr 2005

The Challenge To The Individual Causation Requirement In Mass Products Torts, Donald G. Gifford

Faculty Scholarship

This article uses the example of mass products torts to test the traditional principle that requires a specific victim to prove that a particular injurer caused her harm in order to establish tort liability. Proponents of the instrumentalist conception of torts, notably those identified with law and economics such as Calabresi and Posner, view any requirement of individualized causation as “old-fashioned” and inconsistent with their goals of achieving loss minimization and loss distribution or wealth maximization. In contrast, corrective justice theorists, such as Ernest Weinrib, argue that particularized causation is intrinsic to the entire notion of tort liability. The judicial …


Introduction Of Guido Calabresi, Oscar S. Gray Jan 2005

Introduction Of Guido Calabresi, Oscar S. Gray

Maryland Law Review

No abstract provided.


The Peculiar Challenges Posed By Latent Diseases Resulting From Mass Products, Donald G. Gifford Jan 2005

The Peculiar Challenges Posed By Latent Diseases Resulting From Mass Products, Donald G. Gifford

Faculty Scholarship

Legal actions against manufacturers of products that cause latent diseases, such as asbestos products, cigarettes, lead-pigment, and Agent Orange, are the signature torts of our time. Yet within this rather important subset of tort liability, it is unlikely that the imposition of liability actually results in loss prevention. Three factors, present in varying combinations in the context of latent diseases resulting from product exposure, frustrate the deterrent impact of liability. First, an extended period of time—sometimes decades—passes between the time of the manufacturer’s distribution of the product and the imposition of liability. Second, the accident compensation system frequently is unable …


The Costs Of Dispositionism: The Premature Demise Of Situationist Law And Economics, Adam Benforado, Jim Hanson Jan 2005

The Costs Of Dispositionism: The Premature Demise Of Situationist Law And Economics, Adam Benforado, Jim Hanson

Maryland Law Review

No abstract provided.


Calabresi And The Intellectual History Of Law And Economics, Keith N. Hylton Jan 2005

Calabresi And The Intellectual History Of Law And Economics, Keith N. Hylton

Maryland Law Review

No abstract provided.


"There Have To Be Four" , Frank I. Michelman Jan 2005

"There Have To Be Four" , Frank I. Michelman

Maryland Law Review

No abstract provided.


The Costs Of The Costs Of Accidents , Jules Coleman Jan 2005

The Costs Of The Costs Of Accidents , Jules Coleman

Maryland Law Review

No abstract provided.


The Costs Of Accidents: A Retrospect View From The Cathedral, Izhak Englard Jan 2005

The Costs Of Accidents: A Retrospect View From The Cathedral, Izhak Englard

Maryland Law Review

No abstract provided.


The Renaissance Of Accident Law Plans Revisited, Robert L. Rabin Jan 2005

The Renaissance Of Accident Law Plans Revisited, Robert L. Rabin

Maryland Law Review

No abstract provided.


Pricelessness And Life: An Essay For Guido Calabresi , Gregory C. Keating Jan 2005

Pricelessness And Life: An Essay For Guido Calabresi , Gregory C. Keating

Maryland Law Review

No abstract provided.


The Rise And Fall Of Law And Economics: An Essay For Judge Guido Calabresi, Ugo Mattei Jan 2005

The Rise And Fall Of Law And Economics: An Essay For Judge Guido Calabresi, Ugo Mattei

Maryland Law Review

No abstract provided.


Are Tradeoffs Between Justice And Welfare Possible? Calabresi And Dworkin On The Normative Foundations Of Law And Economics, Hanoch Sheinman Jan 2005

Are Tradeoffs Between Justice And Welfare Possible? Calabresi And Dworkin On The Normative Foundations Of Law And Economics, Hanoch Sheinman

Maryland Law Review

No abstract provided.


Revisiting The Noninsurable Costs Of Accidents, Catherine M. Sharkey Jan 2005

Revisiting The Noninsurable Costs Of Accidents, Catherine M. Sharkey

Maryland Law Review

No abstract provided.


The Peculiar Challenges Posed By Latent Diseases Resulting From Mass Products, Donald G. Gifford Jan 2005

The Peculiar Challenges Posed By Latent Diseases Resulting From Mass Products, Donald G. Gifford

Maryland Law Review

No abstract provided.


Neologisms Revisited, Guido Calabresi Jan 2005

Neologisms Revisited, Guido Calabresi

Maryland Law Review

No abstract provided.


Causation And Responsibility: The Compensation Principle From Grotius To Calabresi, Francesco Parisi, Vincy Fon Jan 2005

Causation And Responsibility: The Compensation Principle From Grotius To Calabresi, Francesco Parisi, Vincy Fon

Maryland Law Review

No abstract provided.


Whatever Happened To Law And Economics?, Anita Bernstein Jan 2005

Whatever Happened To Law And Economics?, Anita Bernstein

Maryland Law Review

No abstract provided.


Accidents Of The Great Society, John C.P. Goldberg, Benjamin C. Zipursky Jan 2005

Accidents Of The Great Society, John C.P. Goldberg, Benjamin C. Zipursky

Maryland Law Review

No abstract provided.


Deterrence Or Disgorgement? Reading Ciraolo After Campbell, Anthony J. Sebok Jan 2005

Deterrence Or Disgorgement? Reading Ciraolo After Campbell, Anthony J. Sebok

Maryland Law Review

No abstract provided.


Liability Insurance And Accident Prevention: The Evolution Of An Idea, Kenneth S. Abraham Jan 2005

Liability Insurance And Accident Prevention: The Evolution Of An Idea, Kenneth S. Abraham

Maryland Law Review

No abstract provided.


Guido Calabresi's The Costs Of Accidents: A Reassessment, Richard A. Posner Jan 2005

Guido Calabresi's The Costs Of Accidents: A Reassessment, Richard A. Posner

Maryland Law Review

No abstract provided.


Happy No More: Federalism Derailed By The Court That Would Be King Of Punitive Damages, Michael L. Rustad Jan 2005

Happy No More: Federalism Derailed By The Court That Would Be King Of Punitive Damages, Michael L. Rustad

Maryland Law Review

No abstract provided.