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Articles 1 - 4 of 4

Full-Text Articles in Law

The Restatement Of Torts And The Courts, Jack B. Weinstein Apr 2001

The Restatement Of Torts And The Courts, Jack B. Weinstein

Vanderbilt Law Review

Primarily through tort law the courts compensate those injured by others. Secondary aspects of our work such as deterrence or forcing tortfeasors to pay the full social costs of their activities are minor and collateral. For jurors focusing on compensation, tort law has only two operative elements: damage and cause. It is the law professor and the judge, through decisions on motions and instructions, who are the main Restatement consumers. Emphasizing mass torts, I will make three points relevant to those considering the health of tort law.

First: Tort law in its least inhibitory principle is useful be- cause of …


The Limits Of Globalization And The Future Of Administrative Law: From Government To Governance, Alfred C. Aman Apr 2001

The Limits Of Globalization And The Future Of Administrative Law: From Government To Governance, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.


Small Things Like Reasons Are Put In A Jar: Reason And Legitimacy In The Administrative State, Jeffrey L. Mashaw Jan 2001

Small Things Like Reasons Are Put In A Jar: Reason And Legitimacy In The Administrative State, Jeffrey L. Mashaw

Fordham Law Review

No abstract provided.


Application Of Administrative Law To Health Care Reform: The Real Politik Of Crossing The Quality Chasm , Thomas R. Mclean Jan 2001

Application Of Administrative Law To Health Care Reform: The Real Politik Of Crossing The Quality Chasm , Thomas R. Mclean

Journal of Law and Health

Real Politik, a term in vogue at the height of the Cold War, contemplates that in practice, governmental bodies attempt to expand their spheres of influence and control by the application of economic leverage. The federal government is clearly interested in expanding its influence into health care because of its cost. Americans spend over one trillion dollars - forty-four percent of which is paid for by the federal government - on health care each year. To control the cost of health care, governmental reformers proposed the Health Securities Act of 1993 as a frontal assault on the American health care …