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- Torts (13)
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- Strict liability (3)
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Articles 1 - 30 of 39
Full-Text Articles in Law
Airline Deregulation In The Fourth Circuit, Timothy M. Ravich
Airline Deregulation In The Fourth Circuit, Timothy M. Ravich
South Carolina Law Review
No abstract provided.
A Prescription For Disaster: How Local Governments' Abuse Of Public Nuisance Claims Wrongly Elevates Courts And Litigants Into A Policy-Making Role And Subverts The Equitable Administration Of Justice, Luther J. Strange Iii
A Prescription For Disaster: How Local Governments' Abuse Of Public Nuisance Claims Wrongly Elevates Courts And Litigants Into A Policy-Making Role And Subverts The Equitable Administration Of Justice, Luther J. Strange Iii
South Carolina Law Review
No abstract provided.
Crashworthiness: The Collision Of Sellers' Responsibility For Product Safety With Comparative Fault, F. Patrick Hubbard, Evan Sobocinski
Crashworthiness: The Collision Of Sellers' Responsibility For Product Safety With Comparative Fault, F. Patrick Hubbard, Evan Sobocinski
Faculty Publications
Crashworthiness cases often involve the following issue: Should any wrongdoing by the plaintiff in causing the initial collision reduce or bar the plaintiff’s recovery for defective crashworthiness? Jurisdictions disagree on the answer to this issue. This disagreement results in large part from differing positions on two questions. First, should products liability law use duty rules to impose liability in a way that ensures efficient accident cost reduction or should it seek fairness through relatively unstructured jury allocations of liability based on fault? Second, in addressing the first issue, should for-profit corporations be viewed as: (1) “tools” to achieve human goals …
Expectations In Tort, David G. Owen
Epstein's Razor, David G. Owen
Epstein's Razor, David G. Owen
Faculty Publications
Richard Epstein, over a long and distinguished career, has offered inspired insights into how a legal system should be framed to serve the goals of those it governs. In that pursuit, he has relentlessly applied a sharp logic - call it Epstein's Razor - to shave away the detritus of complexity and confusion that surround perplexing problems, leaving standing only truths unscathed by competition among ideas. Over decades of diverse writings on law and political theory, highlighted by his elegant Simple Rules for a Complex World, Professor Epstein offers a vision of law constructed on the view that simplicity in …
Bending Nature, Bending Law, David Owen
Taxing Structured Settlements, Brant J. Hellwig, Gregg D. Polsky
Taxing Structured Settlements, Brant J. Hellwig, Gregg D. Polsky
Faculty Publications
Congress has granted a tax subsidy to physically injured tort plaintiffs who enter into structured settlements. The subsidy allows these plaintiffs to exempt the investment yield imbedded within the structured settlement from federal income taxation. The apparent purpose of the subsidy is to encourage physically injured plaintiffs to invest, rather than presently consume, their litigation recoveries. Although the statutory subsidy by its terms is available only to physically injured tort plaintiffs, a growing structured settlement industry now contends that the same tax benefit of yield exemption is available to plaintiffs' lawyers and nonphysically injured tort plaintiffs under general, common-law tax …
Design Defect Ghosts, David Owen
Design Defects, David G. Owen
Cognitive Biases And Heuristics In Tort Litigation: A Proposal To Limit Their Effects Without Changing The World, John E. Montgomery
Cognitive Biases And Heuristics In Tort Litigation: A Proposal To Limit Their Effects Without Changing The World, John E. Montgomery
Faculty Publications
Behavioral studies indicate that individuals do not always make objective decisions about risk. Various cognitive biases and heuristics-- mental shortcuts everyone uses consciously or subconsciously to make decisions under conditions of uncertainty--introduce error and subjectivity. At one level, these studies merely confirm the obvious: individuals make decisions based on both reason and emotions. At another level, they may introduce serious complications into some types of legal analysis, which are based on the assumption that individuals are rational actors. The potential effects of erroneous decisions about risk are of particular concern in the area of tort law. Laboratory studies establish that …
Special Defenses In Products Liability Law, David G. Owen
Special Defenses In Products Liability Law, David G. Owen
Faculty Publications
No abstract provided.
Proving Negligence In Products Liability Litigation, David G. Owen
Proving Negligence In Products Liability Litigation, David G. Owen
Faculty Publications
No abstract provided.
The Puzzle Of Comment J, David G. Owen
A Decade Of Daubert, David G. Owen
Federal Preemption Of Products Liability Claims, David G. Owen
Federal Preemption Of Products Liability Claims, David G. Owen
Faculty Publications
No abstract provided.
Manufacturing Defects, David G. Owen
Duty Rules, David G. Owen
Products Liability: User Misconduct Defenses, David G. Owen
Products Liability: User Misconduct Defenses, David G. Owen
Faculty Publications
No abstract provided.
Products Liability Law Restated, David G. Owen
Products Liability Law Restated, David G. Owen
Faculty Publications
No abstract provided.
Toward A Proper Test For Design Defectiveness: "Micro-Balancing" Costs And Benefits, David G. Owen
Toward A Proper Test For Design Defectiveness: "Micro-Balancing" Costs And Benefits, David G. Owen
Faculty Publications
No abstract provided.
Defectiveness Restated: Exploding The "Strict" Products Liability Myth, David G. Owen
Defectiveness Restated: Exploding The "Strict" Products Liability Myth, David G. Owen
Faculty Publications
Strict liability in tort has occupied the core of modern products liability doctrine ever since Dean Prosser first penned the most often cited Restatement section in history-section 402A of the Second Restatement of Torts. In the Third Restatement, the ALl has completely restructured the definition of product defectiveness. The inscrutable phrase that has confounded courts and commentators for so many years- "defective condition unreasonably dangerous"- is now trifurcated according to the separate types of product defects: manufacturing defects, design defects, and warnings defects. In this important article, Professor Owen explores the conceptual developments that led to the restated liability formulations …
The Graying Of Products Liability Law: Paths Taken And Untaken In The New Restatement, David G. Owen
The Graying Of Products Liability Law: Paths Taken And Untaken In The New Restatement, David G. Owen
Faculty Publications
No abstract provided.
A Punitive Damages Overview: Functions, Problems And Reform, David G. Owen
A Punitive Damages Overview: Functions, Problems And Reform, David G. Owen
Faculty Publications
No abstract provided.
The Moral Foundations Of Products Liability Law: Toward First Principles, David G. Owen
The Moral Foundations Of Products Liability Law: Toward First Principles, David G. Owen
Faculty Publications
No abstract provided.
The Fault Pit, David G. Owen
Products Liability: Principles Of Justice For The 21st Century, David G. Owen
Products Liability: Principles Of Justice For The 21st Century, David G. Owen
Faculty Publications
No abstract provided.
The Moral Foundations Of Punitive Damages, David G. Owen
The Moral Foundations Of Punitive Damages, David G. Owen
Faculty Publications
No abstract provided.
Musings On Modern Products Liability Law: A Foreward, David Owen
Musings On Modern Products Liability Law: A Foreward, David Owen
Faculty Publications
No abstract provided.
Respect For Law & Man: The Tort Law Of Chief Justice Kenison, David G. Owen
Respect For Law & Man: The Tort Law Of Chief Justice Kenison, David G. Owen
Faculty Publications
No abstract provided.
The Intellectual Development Of Modern Products Liability Law: A Comment On Priest's View Of The Cathedral's Foundations, David G. Owen
The Intellectual Development Of Modern Products Liability Law: A Comment On Priest's View Of The Cathedral's Foundations, David G. Owen
Faculty Publications
No abstract provided.