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Articles 1 - 9 of 9

Full-Text Articles in Law

Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, Aaron Twerski, J. A. Henderson Nov 1991

Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


Stargazing: The Future Of American Products Liability Law, James A. Henderson Jr., Aaron Twerski Nov 1991

Stargazing: The Future Of American Products Liability Law, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.


Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, James A. Henderson Jr., Aaron Twerski Nov 1991

Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

For over one hundred years American courts expanded the rights of plaintiffs in products liability cases. First the courts eliminated the privity requirement, next the necessity of proving fault, and finally, the necessity of proving a production defect. The next logical step in this progression would be to eliminate the need to show any type of defect at all. In this Article, Professors Henderson and Twerski assert that this step cannot and will not be taken. They explore both the possibility of across-the-board liability without defect and the more limited idea of product-category liability without defect. They describe how a …


Reform Of Public Utilities Commission Procedures - Senate Bill 1041 & Senate Bill 1042, Senate Committee On Energy And Public Utilities, Senate Judiciary Committee Apr 1991

Reform Of Public Utilities Commission Procedures - Senate Bill 1041 & Senate Bill 1042, Senate Committee On Energy And Public Utilities, Senate Judiciary Committee

California Senate

No abstract provided.


Suretyship Principles In The New Articles 3: Clarifications And Substantive Changes, Neil B. Cohen Jan 1991

Suretyship Principles In The New Articles 3: Clarifications And Substantive Changes, Neil B. Cohen

Faculty Scholarship

No abstract provided.


A Duty To Warn: One American View Of The Ec Products Liability Directive, Anita Bernstein Jan 1991

A Duty To Warn: One American View Of The Ec Products Liability Directive, Anita Bernstein

Faculty Scholarship

No abstract provided.


Risk Perceptions In Regulation, Tort Liability, And The Market, W. Kip Viscusi Jan 1991

Risk Perceptions In Regulation, Tort Liability, And The Market, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Risk regulations are generally based on a stylized view of the behavior of the individuals affected by the regulation. These behavioral assumptions establish the basis for regulation and also influence the character of the regulation that will be pursed. The mix of behavioral assumptions that provides the basis for policy is often inconsistent. In some cases policymakers assume that irrationality prevails if that assumption will promote government intervention. If, however, individual perception of the risk and response to it is required to make a policy effective, risk regulators do not recognize individuals' cognitive limitations. These stylized views of risk-taking behavior …


The Dimensions Of The Product Liability Crisis, W. Kip Viscusi Jan 1991

The Dimensions Of The Product Liability Crisis, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Examination of a variety of sources of statistics indicates that the product liability crisis is real, and it is not simply imagined or contrived by the insurance industry. Litigation in the product liability area has escalated dramatically, but to some extent the industry was able to mute the effect of this escalation because of the influence of rising interest rates in the early 1980s as well as because the shrinking market for product liability insurance masked much of the explosion that was occurring in terms of the costs of product liability coverage. The dominant pattern in the early 1980s was …


Reporting Substantial Product Safety Hazards Under The Consumer Product Safety Act: The Products Liability Interface, Timothy Zick Jan 1991

Reporting Substantial Product Safety Hazards Under The Consumer Product Safety Act: The Products Liability Interface, Timothy Zick

Faculty Publications

No abstract provided.