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Full-Text Articles in Law
It's About Time, David Frisch
It's About Time, David Frisch
Law Faculty Publications
This Article critically evaluates the view widely held by courts that contract claims for lost leisure or personal time do not justify compensation. The thesis of this Article is that while the conventional judicial wisdom may be correct about some forms of nonpecuniary loss, it is entirely wrong regarding lost time. After setting aside assumptions, I show that traditional arguments against this form of recovery are deeply flawed Most importantly, I rely on the recognition of hedonic damages by forensic economists to debunk the myth that loss of time is no more than an everyday aspect of life not worthy …
Fda Regulatory Compliance Reconsidered, Carl W. Tobias
Fda Regulatory Compliance Reconsidered, Carl W. Tobias
Law Faculty Publications
Many observers consider the Food and Drug Administration (FDA) vital for the protection of consumer health and safety. One hundred years ago, Congress established the entity that would become the FDA and authorized it to regulate foods and drugs, critical responsibilities that the agency has long discharged carefully. Throughout the past century, the FDA's regulatory power has expanded systematically, albeit gradually, while legislatures and courts in the fifty American jurisdictions broadened liability exposure for manufacturers that sold defective products that injured consumers. Observers have recently criticized the agency for overseeing pharmaceuticals too leniently, even as states increasingly narrowed manufacturers' liability …
Scienter Requirement In Actions Under Rule 10b-5, David G. Epstein
Scienter Requirement In Actions Under Rule 10b-5, David G. Epstein
Law Faculty Publications
More than twenty years have now elapsed since a private right of action under rule 10b-5 was first recognized judicially. In the interim, rule 10b-5 has become "the most prolific source of litigation since Henry Ford invented the flivver." And, the Rule is assuming even greater importance. Private actions under 10b-5 in excess of seventy-seven million dollars have been instituted against Texas Gulf Sulphur and its officers and directors. The Securities and Exchange Commission proposals to implement the Wheat Report will result in an increased emphasis on 10b-5. Notwithstanding the importance of rule 10b-5 and the numerous reported decisions and …
Annual Survey Of Virginia Law - Administrative Law, William Hamilton Bryson
Annual Survey Of Virginia Law - Administrative Law, William Hamilton Bryson
Law Faculty Publications
This year's survey of Administrative Law focuses upon the four cases involving administrative agencies or municipal corporations decided last term by courts sitting in Virginia. Though few in number, the cases presented a wide range of issues including the review of a determination of the State Corporation Commission on an application for a branch bank, a condemnation case, the availability of a tort remedy against a municipal corporation and a contest over the constitutionality of the Virginia Industrial Building Authority.
Strict Liability In Tort: A Modest Proposal, David G. Epstein
Strict Liability In Tort: A Modest Proposal, David G. Epstein
Law Faculty Publications
Centuries ago, the noted Irish satirist, Jonathan Swift, made a "modest proposal' that the inhabitants of the Emerald Isle remedy a severe food shortage they were experiencing by eating their young. To some, a proposal of the adoption of strict liability in tort-regardless of how limited-is no more a modest proposal than Mr. Swift's. It is submitted that this opposition to strict liability in tort is at least in part due to a misunderstanding of the present state of the law as to a manufacturer's liability to injured consumers. In most jurisdictions, the adoption of strict liability in tort for …