Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 39

Full-Text Articles in Law

Airline Deregulation In The Fourth Circuit, Timothy M. Ravich Jul 2020

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 Apr 2019

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 Jul 2018

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 Jan 2011

Expectations In Tort, David G. Owen

Faculty Publications

No abstract provided.


Epstein's Razor, David G. Owen Oct 2010

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 Jul 2010

Bending Nature, Bending Law, David Owen

Faculty Publications

No abstract provided.


Taxing Structured Settlements, Brant J. Hellwig, Gregg D. Polsky Jan 2010

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 Apr 2009

Design Defect Ghosts, David Owen

Faculty Publications

No abstract provided.


Design Defects, David G. Owen Apr 2008

Design Defects, David G. Owen

Faculty Publications

No abstract provided.


Cognitive Biases And Heuristics In Tort Litigation: A Proposal To Limit Their Effects Without Changing The World, John E. Montgomery Jan 2006

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 Jan 2005

Special Defenses In Products Liability Law, David G. Owen

Faculty Publications

No abstract provided.


Proving Negligence In Products Liability Litigation, David G. Owen Oct 2004

Proving Negligence In Products Liability Litigation, David G. Owen

Faculty Publications

No abstract provided.


The Puzzle Of Comment J, David G. Owen Jun 2004

The Puzzle Of Comment J, David G. Owen

Faculty Publications

No abstract provided.


A Decade Of Daubert, David G. Owen Jan 2003

A Decade Of Daubert, David G. Owen

Faculty Publications

No abstract provided.


Federal Preemption Of Products Liability Claims, David G. Owen Jan 2003

Federal Preemption Of Products Liability Claims, David G. Owen

Faculty Publications

No abstract provided.


Manufacturing Defects, David G. Owen Jul 2002

Manufacturing Defects, David G. Owen

Faculty Publications

No abstract provided.


Duty Rules, David G. Owen Apr 2001

Duty Rules, David G. Owen

Faculty Publications

No abstract provided.


Products Liability: User Misconduct Defenses, David G. Owen Oct 2000

Products Liability: User Misconduct Defenses, David G. Owen

Faculty Publications

No abstract provided.


Products Liability Law Restated, David G. Owen Jan 1998

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 Jun 1997

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 Jan 1996

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 Jul 1994

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 Jan 1994

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 Jan 1993

The Moral Foundations Of Products Liability Law: Toward First Principles, David G. Owen

Faculty Publications

No abstract provided.


The Fault Pit, David G. Owen Apr 1992

The Fault Pit, David G. Owen

Faculty Publications

No abstract provided.


Products Liability: Principles Of Justice For The 21st Century, David G. Owen Oct 1990

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 Apr 1989

The Moral Foundations Of Punitive Damages, David G. Owen

Faculty Publications

No abstract provided.


Musings On Modern Products Liability Law: A Foreward, David Owen Jan 1987

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 Oct 1986

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 Dec 1985

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.