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Series

1998

Torts

Institution
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Articles 1 - 30 of 45

Full-Text Articles in Law

Measuring The Deterrent Effect Of Punitive Damages, Theodore Eisenberg Nov 1998

Measuring The Deterrent Effect Of Punitive Damages, Theodore Eisenberg

Cornell Law Faculty Publications

Professor Viscusi's article differs from the dominant mode of law and economics scholarship on punitive damages. The usual punitive damages article contains purely theoretical considerations about when punitive damages are appropriate and about their optimal level; no effort is made to ascertain whether the existing pattern of punitive awards corresponds with the theory. This is part of a larger problem: the dearth of empirical evidence in law and economics scholarship. Viscusi, on the other hand, provides empirical tests of whether punitive damages accomplish their goals, and he makes creative use of publicly available data sources. For the goal of ...


Acts Of God Or Toxic Torts? Applying Tort Principles To The Problem Of Climate Change, Eduardo M. Peñalver Oct 1998

Acts Of God Or Toxic Torts? Applying Tort Principles To The Problem Of Climate Change, Eduardo M. Peñalver

Cornell Law Faculty Publications

The problem of climate change continues to be an intractable one for policymakers. Uncertainties over the likely costs of climate change as well as over the costs of proposed remedies have hampered the formation of a consensus regarding the best course of action. The principles of tort law provide a useful means of analyzing the problem of climate change, particularly the issue of who should bear the costs associated with its effects. The two major goals of tort law (reducing the costs of accidents and corrective justice) both point towards the appropriateness of placing the costs of climate change on ...


Constitutional Remedies, Section 1983 And The Common Law, Michael L. Wells Sep 1998

Constitutional Remedies, Section 1983 And The Common Law, Michael L. Wells

Scholarly Works

Constitutional tort law marries the substantive rights granted by the Constitution to the remedial mechanism of tort law. The sweeping language of 42 U.S.C. 1983 provides that "[e]very person who, under color of any [state law] subjects, or causes to be subjected, any [person] to the deprivation of any [constitutional rights] shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress." Constitutional tort suits raise, in a new context, many tort-like remedial questions relating to causation, immunity, and damages--and therein lies a problem. The usual source ...


Replacing Strict Liability With A Contract-Based Products Liability Regime, Richard C. Ausness Jul 1998

Replacing Strict Liability With A Contract-Based Products Liability Regime, Richard C. Ausness

Law Faculty Scholarly Articles

When strict products liability first appeared on the scene some thirty-five years ago, it was heralded as a boon to consumers whose claims to compensation had hitherto been frustrated by the law of sales. Warranty law, it was said, worked fairly well in purely "commercial" transactions, but tort law did a better job in cases where ordinary consumers suffered personal injuries or property damage from defective products. To be sure, defenders of warranty law pointed out that the newly-drafted Uniform Commercial Code (the "Code" or "U.C.C.") was much more consumer friendly than the old Uniform Sales Act. Nevertheless ...


Tort Claims Against The State: Georgia's Compensation System, R. Perry Sentell Jr. Jul 1998

Tort Claims Against The State: Georgia's Compensation System, R. Perry Sentell Jr.

Scholarly Works

The State's immunity from liability for the torts of its officers and employees claims legendary status in American law. Indeed, immunity's history now looms as daunting as the doctrine itself. As with most epochal accounts, this history varies according to version--versions, assuredly, for many tastes. In sum, nevertheless, the offerings attest to a legal principle persisting as (at least) the point of departure in most jurisdictions. Anchored in both history and rationale, therefore, state tort immunity long dominated the law of the United States. Over time, indeed, the doctrine's durability proved unequal only to that of its ...


Achieving Consensus On Defective Product Design, James A. Henderson Jr., Aaron Twerski May 1998

Achieving Consensus On Defective Product Design, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.


The Politics Of The Products Liability Restatement, Aaron Twerski, J. A. Henderson Apr 1998

The Politics Of The Products Liability Restatement, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


The Politics Of The Products Liability Restatement, James A. Henderson Jr., Aaron Twerski Apr 1998

The Politics Of The Products Liability Restatement, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.


Civil (Tort) Litigation: The Search For Data Continues, Thomas A. Eaton Apr 1998

Civil (Tort) Litigation: The Search For Data Continues, Thomas A. Eaton

Scholarly Works

What do we "know" about tort litigation in Georgia? How many tort suits are filed? What kinds of cases are filed? How many settle and how many go to trial? Do jurors tend to rule in favor of one party or the other? What are the typical damages awarded in cases in which the plaintiff prevails? How often are punitive damages awarded?


Employer Liability For Supervisors' Intentional Torts: The Uncertain Scope Of The "Alter Ego" Exception, Michael Hayes, Quinn Broverman Mar 1998

Employer Liability For Supervisors' Intentional Torts: The Uncertain Scope Of The "Alter Ego" Exception, Michael Hayes, Quinn Broverman

All Faculty Scholarship

When Illinois employees are the victims of intentional torts by supervisors, can they bring common law tort suits against their employers for these injuries, or are they limited to bringing a claim under the workers' compensation system? This question, which arises with unfortunate reguIarity, lacks a clear answer because both state and federal courts in Illinois are divided over the scope of the "alter ego" exception to the exclusivity of workers' compensation as the remedy for intentionally inflicted workplace injuries.

The Illinois Workers' Compensation Act ("IWCA") contains exclusivity provisions that mandate that workers' compensation is the sole remedy available to ...


Products Liability Law Restated, David G. Owen Jan 1998

Products Liability Law Restated, David G. Owen

Faculty Publications

No abstract provided.


The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn Jan 1998

The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn

LLM Theses and Essays

This thesis deals with the lability of automobile and motorcycle manufacturers, as well as their suppliers, in situations where a defective product causes a harmful event. Specifically, it compares the product liability laws of the Federal Republic of Germany to those of the United States of America. Before entering into the details of legal doctrine, the introductory note provides background information on the social and economic aspects of automobile use in those two countries. Next, Chapter I describes the liability regime governing claims against German motor vehicle manufacturers and their suppliers. Chapter II focuses on the comparable law in the ...


All Along The Watchtower: Economic Loss In Tort (The Idaho Case Law), Dale Goble Jan 1998

All Along The Watchtower: Economic Loss In Tort (The Idaho Case Law), Dale Goble

Articles

No abstract provided.


The Plausibility Of Legally Protecting Reasonable Expectations, Bailey Kuklin Jan 1998

The Plausibility Of Legally Protecting Reasonable Expectations, Bailey Kuklin

Faculty Scholarship

No abstract provided.


The Tale Of A Tail, James F. Hogg Jan 1998

The Tale Of A Tail, James F. Hogg

Faculty Scholarship

The commercial general liability insurance industry shifted, in 1986, from the use of an “occurrence-based” to a “claims-made” policy form. So-called “tail” or “long tail” claims have continued nevertheless, to be asserted under the older “occurrence” policies which required that injury occur during the term of the policy, but not that the claim for such injury be made or brought at any particular time. In seeking state approval to use the new “claims-made” form in 1985-86, the insurance industry represented that the new form would not affect coverage under the old “occurrence” form. Despite that representation, insurers are now asserting ...


Achieving Consensus On Defective Product Design, Aaron Twerski, J. A. Henderson Jan 1998

Achieving Consensus On Defective Product Design, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


Medtronic V. Lohr: For Want Of A Word, The Patient Was Almost Lost - Fixing The Mischief Caused In Cipollone By Dividing The Preemption Stream, Suzanne Darrow Kleinhaus Jan 1998

Medtronic V. Lohr: For Want Of A Word, The Patient Was Almost Lost - Fixing The Mischief Caused In Cipollone By Dividing The Preemption Stream, Suzanne Darrow Kleinhaus

Scholarly Works

No abstract provided.


Tort Law (Symposium: The Supreme Court And State And Local Government Law: The 1996-97 Term), Leon D. Lazer Jan 1998

Tort Law (Symposium: The Supreme Court And State And Local Government Law: The 1996-97 Term), Leon D. Lazer

Scholarly Works

No abstract provided.


Transforming Punishment Into Compensation: In The Shadow Of Punitive Damages, Tom Baker Jan 1998

Transforming Punishment Into Compensation: In The Shadow Of Punitive Damages, Tom Baker

Faculty Scholarship at Penn Law

No abstract provided.


Toward The Proper Role For Mass Tort Class Actions, Mary J. Davis Jan 1998

Toward The Proper Role For Mass Tort Class Actions, Mary J. Davis

Law Faculty Scholarly Articles

This Article seeks to advance the use of mass tort class actions and proposes that they are not only appropriate, but desirable, when evaluated against the backdrop of substantive tort law policies. Moreover, the substantive goals of tort law as applied in the mass tort context support the conclusion that the individualized case-by-case adjudication standard, as applied through our adversary system as it is presently constituted, fails to further the search for fairness as well as truth in the mass tort context, and therefore, does not achieve the fairness or justice that we seek through our judicial process.

The guiding ...


Paying For The Health Costs Of Smoking: Loss Shifting And Loss Bearers, Richard C. Ausness Jan 1998

Paying For The Health Costs Of Smoking: Loss Shifting And Loss Bearers, Richard C. Ausness

Law Faculty Scholarly Articles

Cigarette smoking is known to cause cancer, heart disease, and respiratory problems. These health costs are enormous, amounting to more than $50 billion per year. Although some of these costs are borne by smokers, many of them are externalized to nonsmokers. Recently, a number of states have sued tobacco companies in or- der to recover the costs of treating smoking-related diseases through their Medicaid programs. At the present time, the parties have agreed to a settlement that obligates the tobacco companies to pay billions of dollars to the states over the next twenty-five years. In other words, some of the ...


Industrial Espionage As Unfair Competition, Robert L. Tucker Jan 1998

Industrial Espionage As Unfair Competition, Robert L. Tucker

Akron Law Publications

No abstract provided.


Tort Reform Policy More Than State Law Dominates Section 2 Of The Third Restatement, Andrew Popper Jan 1998

Tort Reform Policy More Than State Law Dominates Section 2 Of The Third Restatement, Andrew Popper

Articles in Law Reviews & Other Academic Journals

No abstract provided.


A Discussion And A Defense Of The Restatement (Third) Of Torts: Products Liability, James A. Henderson Jr. Jan 1998

A Discussion And A Defense Of The Restatement (Third) Of Torts: Products Liability, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


Antisuit Injunctions And Preclusion Against Absent Nonresident Class Members, Henry Paul Monaghan Jan 1998

Antisuit Injunctions And Preclusion Against Absent Nonresident Class Members, Henry Paul Monaghan

Faculty Scholarship

In this Article, Professor Monaghan addresses an issue of pressing concern in class action litigation today, namely, the extent to which a trial court's class judgment can bind – either by preclusion or injunction – unnamed nonresident class members, thus preventing them from raising due process challenges to the judgment in another court. After placing the antisuit injunction and preclusion issues in the context of recent class action and related developments, Professor Monaghan discusses the Supreme Court's 1985 decision in Phillips Petroleum Co. v. Shutts and its applicability to these issues. In particular, Professor Monaghan criticizes reading Shutts' "implied consent ...


Is There A Future For Future Claimants After Amchem Products, Inc. V. Windsor?, Alex Raskolnikov Jan 1998

Is There A Future For Future Claimants After Amchem Products, Inc. V. Windsor?, Alex Raskolnikov

Faculty Scholarship

In September 1990, the Chief Justice of the U.S. Supreme Court appointed an Ad Hoc Committee on Asbestos Litigation in response to what was widely perceived as a "'failure of the federal court system to perform one of its vital roles in our society.'" Less than a year later, the Judicial Panel on Multidistrict Litigation transferred all untried asbestos cases to the eastern district of Pennsylvania for pretrial proceedings. In January 1993, these proceedings produced a global settlement class action of historic proportions, which the district court eventually approved in August 1994. In May 1996, in Georgine v. Amchem ...


Conflicts Consent And Allocation After Amchem Products – Or Why Attorneys Still Need Consent To Give Away Their Clients' Money, John C. Coffee Jr. Jan 1998

Conflicts Consent And Allocation After Amchem Products – Or Why Attorneys Still Need Consent To Give Away Their Clients' Money, John C. Coffee Jr.

Faculty Scholarship

If it was the goal of Silver and Baker to write a provocative article, they have succeeded. They ask probing questions; they are appropriately scornful of superficial answers; and they seek to relate their view of legal ethics to what they perceive to be the prevailing standards in the legal marketplace. All this is good. They also usefully focus on an underappreciated dichotomy: the ethical rules governing aggregated settlements in consensual litigation versus the rules applicable in aggregated nonconsensual litigation (i.e., class actions). Essentially, they argue that the rules in both contexts should be the same or very similar ...


Class Action Litigation In China, Benjamin L. Liebman Jan 1998

Class Action Litigation In China, Benjamin L. Liebman

Faculty Scholarship

Class struggle has moved to China's courtrooms. Since the passage of China's 1991 Civil Procedure Law (CPL), which explicitly permits class action litigation, multiplaintiff groups have brought suits seeking compensation for harm caused by pollution, false advertising, contract violations, and securities law violations. Although administrative bodies continue to resolve most disputes in China, the increasing prevalence of class actions is one aspect of an explosion in civil litigation over the past decade. Class action litigation has the potential to alter the role courts play in adjudicating disputes, increase access to the courts, and facilitate the independence of the ...


Reconsidering Insurance For Punitive Damages, Tom Baker Jan 1998

Reconsidering Insurance For Punitive Damages, Tom Baker

Faculty Scholarship at Penn Law

No abstract provided.


Law And Economics And Tort Law: A Survey Of Scholarly Opinion, Andrew P. Morriss, John C. Moorhouse, Robert Whaples Jan 1998

Law And Economics And Tort Law: A Survey Of Scholarly Opinion, Andrew P. Morriss, John C. Moorhouse, Robert Whaples

Faculty Scholarship

Recent litigation brought against cigarette manufacturers, software companies over potential year 2000 computer problems, and a fast food restaurant for serving coffee that was allegedly too hot reminds us of the importance and dynamic nature of tort law in the United States. Judging from ongoing coverage by newspapers and television, tort law is newsworthy. Yet, as with other legal issues, it is within the covers of law reviews and specialty journals in economics that much of the debate over the social utility of various tort rules and their reform takes place. In that debate law and economics exercises great influence ...