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Articles 1 - 29 of 29

Full-Text Articles in Law

Small Hope Floats: How The Lower Courts Have Sunk The Right Of Privacy, Stephanie D. Taylor Dec 2005

Small Hope Floats: How The Lower Courts Have Sunk The Right Of Privacy, Stephanie D. Taylor

West Virginia Law Review

No abstract provided.


Risks Of And Reactions To Underdeterrence In Torts, The, Thomas C. Galligan Jr. Jun 2005

Risks Of And Reactions To Underdeterrence In Torts, The, Thomas C. Galligan Jr.

Missouri Law Review

As the nation considers tort reform at both the state and federal levels, it should not be blinded to the fact that while tort law may, in some cases, overdeter beneficial activity or conduct, it also may underdeter dangerous activity or conduct, especially in mass tort cases. The idea that liability or the prospect of liability can shape human behavior through deterrence has become one of the practical and theoretical foundations of tort law.2 Judges and scholars regularly state that deterrence - the prospect that liability can influence behavior - is one of the purposes of tort law. 3 The …


Re-Enchanting Torts, Robert F. Blomquist Apr 2005

Re-Enchanting Torts, Robert F. Blomquist

South Carolina Law Review

No abstract provided.


Air Travel, Accidents And Injuries: Why The New Montreal Convention Is Already Outdated, Andrew Field Apr 2005

Air Travel, Accidents And Injuries: Why The New Montreal Convention Is Already Outdated, Andrew Field

Dalhousie Law Journal

The 1999 Convention for the Unification of Certain Rules for International Carriage by Air (the "Montreal Convention") came into force in 2003. It is the latest in a series of attempts to replace a number of variations on the 1929 Warsaw Convention with a single agreement which regulates the rights and liabilities of international air carriers, their passengers and shippers. At the time, the Montreal Convention was hailed as providing better protection and compensation for victims of air accidents. However despite its recent adoption, in relation to claims for death and personal injuries the Montreal Convention is still firmly planted …


Introduction Of Guido Calabresi, Oscar S. Gray Jan 2005

Introduction Of Guido Calabresi, Oscar S. Gray

Maryland Law Review

No abstract provided.


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.


Selling Your Torts: Creating A Market For Tort Claims And Liability, Isaac Marcushamer Jan 2005

Selling Your Torts: Creating A Market For Tort Claims And Liability, Isaac Marcushamer

Hofstra Law Review

No abstract provided.


Rethinking America's Approach To Workplace Safety: A Model For Advancing Safety Issues In The Chemical Industry, Gwen Forte Jan 2005

Rethinking America's Approach To Workplace Safety: A Model For Advancing Safety Issues In The Chemical Industry, Gwen Forte

Cleveland State Law Review

In Part II of this note, I analyze the impact of tort litigation, workers' compensation, collective bargaining, and the Occupational Safety and Health Act on workplace safety. I begin by describing how each of these vehicles operated historically and then I provide a contemporary perspective. In this section, I also consider the advantages and disadvantages of using these approaches to prevent and compensate for injuries. In Part III, I propose an alternative approach to workplace safety: employee board representation. In this section, I analyze and critique various methods of employee board representation and ultimately recommend a form of representation in …


Hard Bargaining On Behalf Of The Government Tortfeasor: A Study In Governmental Lawyer Ethics, Steven K. Berenson Jan 2005

Hard Bargaining On Behalf Of The Government Tortfeasor: A Study In Governmental Lawyer Ethics, Steven K. Berenson

Case Western Reserve Law Review

No abstract provided.


Even More Wrongful Death: Statutes Divorced From Reality, John G. Culhane Jan 2005

Even More Wrongful Death: Statutes Divorced From Reality, John G. Culhane

Fordham Urban Law Journal

This Article discusses the restrictions on the class of eligible beneficiaries under most wrongful death statutes and considers recent legislative and judicial initiatives that have begun to change these laws to reflect reality. The Article analyzes the Victim Compensation Fund, passed in response to the events of September 11, 2001 as an example of the ability of legislative and regulatory rules to define eligibility for flexible recovery. The Article goes on to discuss recent legislative and judicial developments involving the torts of negligent infliction of emotional distress and loss of consortium, emphasizing that courts and legislatures are increasingly willing to …


Law And Liberty In Virtual Worlds, Jack M. Balkin Jan 2005

Law And Liberty In Virtual Worlds, Jack M. Balkin

NYLS 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.