Law Commons^™

The Logic And Fairness Of Joint And Several Liability, In Symposium, Comparative Negligence, Richard W. Wright

All Faculty Scholarship

No abstract provided.

The Logic And Fairness Of Joint And Several Liability, In Symposium, Comparative Negligence, Richard W. Wright

Richard W. Wright

No abstract provided.

Tort Law, B. D. Pierce, Brent M. Boyd, David E. Rothstein, Michael R. Smith

South Carolina Law Review

No abstract provided.

Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts , James A. Henderson Jr., Aaron D. Twerski

Cornell Law Review

No abstract provided.

Hahn V. Superior Court: Failing To Take The Doctrine Of Strict Premises Liability To Its Logical Conclusion, Raquel Maria Prieguez

San Diego Law Review

This Casenote questions the holding in Hahn v. Superior Court, decided by the California Court of Appeals in 1991. In Hahn, the Court of Appeals refused to extend the doctrine of strict liability to the owner of a shopping mall based on a defective commercial establishment. The Casenote argues that the development of the doctrine of strict premises liability was arrested prematurely by the courts in California due to their effort to curb the tide of plaintiff compensation. The author argues that defective commercial establishments place the public in as much risk of harm as manufacturers of defective products. The …

Death Of Contract And The Rise Of Tort , Robert H. Bork

Cornell Law Review

No abstract provided.

Charles Handbook On Assessment Of Damages In Personal Injury Cases, Roger Harris

Dalhousie Law Journal

This is the second edition of Professor Charles' aptly titled Handbook. The first edition was a simple reprint of a thirty-three page article that was originally published in the Canadian Cases on the Law of Torts, together with the 1978 Supreme Court "Trilogy"judgements themselves. While it provided a convenient capsulization of the issues, it clearly lacked the depth necessary to deal fully with many of the complexities involved, and the rationale for its publication was questionable (no matter how eminent its author or handsome its presentation, can any case comment really be worth $40.00?). Happily, the second edition has developed …

A Restatement Of Torts , Stephen D. Sugarman

Stephen D Sugarman

This article reviews the American Law Institute's effort to look at tort law from the wider perspecive of "enterprise responsibility."

Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks

Missouri Law Review

It is important to say at the outset that this discussion about one case, O'Brien v. Cunard Steamship Co.1, would not have been as rich without access to the pleadings and trial record in the case. Too often we teach law courses as perspectiveless, adopting an analytical approach that consciously acknowledges no specific cultural, political, or class characteristics, but which is decidedly male, white and elitist. Today's law school classroom is more diverse both as to gender, race, and class, than ten or twenty years ago. This more diverse student body enters law school with life experiences and perspectives not …

Too Early For A Requiem: Warren And Brandeis Were Right On Privacy Vs. Free Speech, Ruth Gavison

South Carolina Law Review

No abstract provided.

Tort Remedies For Victims Of Domestic Abuse, Douglas D. Scherer

South Carolina Law Review

No abstract provided.

Tort Liability, The First Amendment, And Equal Access To Electronic Networks, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Tort Liability, The First Amendment, And Equal Access To Electronic Networks, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

The Efficacy Of The Tort System And Its Alternatives: A Review Of Empirical Evidence, Don Dewees, Michael J. Trebilcock

Osgoode Hall Law Journal

This paper reviews the existing empirical evidence on the efficacy of the tort system and alternatives to it. The evidence is evaluated against three normative goals: deterrence, corrective justice, and distributive justice. Empirical evidence relating to five major categories of accidents is reviewed: automobile accidents, medical malpractice, product related accidents, environmental injuries, and workplace injuries. In each case, the paper proceeds by reviewing empirical evidence on the deterrence and compensatory properties of the tort system, and then reviews parallel bodies of evidence on regulatory or penal alternatives and on compensatory alternatives to the tort system. The paper concludes that the …

The Unanswered Questions Of Christopherson V. Allied Signal Corporation, Richard O. Faulk

Richard Faulk

In Christophersen v. Allied-Signal Corp. , the Fifth Circuit sitting en banc announced a controversial new test for evaluating the admissibility of scientific evidence. An earlier panel decision reversed a summary judgment for the defendant chemical manufacturers, holding that the testimony of the plaintiffs' expert regarding cancer causation was not so fundamentally unreliable that it should be excluded from jury consideration. On rehearing en banc, a divided court disagreed with the panel decision and affirmed the district court's summary judgment rendered on behalf of the chemical manufacturers. In general, the court required experts to base their opinions upon facts which …

Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Comparative Negligence In South Carolina: Implementing Nelson V. Concrete Supply Co., F. Patrick Hubbard, Robert L. Felix

South Carolina Law Review

No abstract provided.

Point, Andrew Popper

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Intellectual Ordering Of Contemporary Tort Law, Marc Feldman

Maryland Law Review

No abstract provided.

Government Liability For Economic Losses: The Case Of Regulatory Failure, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

Compensation claims against provincial and federal governments are largely a product of the second half of the 20th century. The initial surge of cases after the enactment of the federal Crown Liability Act in 1953--mirrored also in developments at the provincial level-- were typically "private" tort claims. Indeed a significant percentage of claims against the federal government continue to be nothing more than automobile accident, occupier liability claims and lawsuits arising out of similar relatively minor bureaucratic error. Recently, however, as a result of both the imagination of litigators and the growth of the regulatory state, claims against governments have …

Is An Employment-Discrimination Award Taxable?, L. Scott Stafford

Faculty Scholarship

No abstract provided.

Sticks And Stones Can Break My Name: Nondefamatory Negligent Injury To Reputation, Katharine B. Silbaugh

Faculty Scholarship

If a reputation is injured, does it matter whether defamation is the cause? Injury to reputation differs from other items of damage a plaintiff enumerates. Tradition links it to particular tortious conduct-defamation-on the part of a defendant. This Comment examines ordinary negligent conduct as an alternative ground for recovery for injury to reputation.

Ethereal Torts, Nancy Levit

Faculty Works

Tort litigation has extended liability over time and space, through toxic tort cases as well as unknown and perhaps unknowable risks in products liability cases. Different types of mass tort litigation have spawned different permutations of claims and theories. The movement toward multiple causation and accountability encompasses complex notions of responsibility among multiple parties to an occurrence. Modern torts have particularized mental-state requirements, and there has been a refinement in the approach to mental state generally. Finally, the judiciary's development of common law liability has been accompanied by an upheaval in the theoretical bases for tort liability: commentators have explored …

Uncommon Law And The Bill Of Rights: The Woes Of Constitutionalizing State Common-Law Torts, Elaine W. Shoben

Scholarly Works

During the two-hundred-year history of the Bill of Rights, the Supreme Court occasionally has used those first ten Amendments to constitutionalize state common-law torts. In this essay, Professor Elaine Shoben argues that the Court would be well advised to forgo that practice. Pointing to the Court's experience in constitutionalizing defamation law under the First Amendment, Professor Shoben says when the Court meddles in state tort law, the result is a highly complex and very unsatisfactory body of law. On the Bicentennial of the Bill of Rights, this author recommends that if the Court feels compelled to reform a state common-law …

The Admissibility Of Expert Testimony In Brainwashing-Related Cases - Should Witnesses Be Fryed?, Virginia M. Fournier

Santa Clara Law Review

No abstract provided.

Of Harms And Benefits: Torts, Restitution, And Intellectual Property, Wendy J. Gordon

Faculty Scholarship

Copyright and patent take the form of ordinary property. As tangible property has physical edges, intellectual property statutes create boundaries by defining the subject matters within their zone of protection. As real property owners have rights to prevent strangers from entering their land, intellectual property statutes and case law grant owners rights to exclude strangers from using the protected work in specified ways. As tangible property can be bought and sold, bequeathed and inherited, so can copyrights and patents.

Comment, Limits On The Privity And Assignment Of Legal Malpractice Claims, Tom Bell

Tom W. Bell

No abstract provided.

Competing Conceptions Of Autonomy: A Reappraisal Of The Basis Of Tort Law, Martin A. Kotler

Martin A. Kotler

Seeking to identify and describe the essential values underlying tort law, this Article attempts to demonstrate that tort law is a system that simultaneously seeks to promote both efficiency and individual autonomy. It argues, however, that efficiency is a secondary goal of tort law that comes to the fore when it is inexpedient, impossible or unnecessary to promote the primary value of autonomy.

The primacy of autonomy, however, is often obscured by the fact that our conception of autonomy has evolved over the years. Once understood in terms of an individual’s rights in private property, autonomy is now widely perceived …

Fashioning Procedural And Substantive Due Process Arguments In Toxic And Other Tort Actions Involving Punitive Damages After Pacific Mutual Life Insurance Co. V. Haslip, James R. May

James R. May

This article predicted that one of the most important issues in future tort litigation would be the role of the Due Process Clause of the Fourteenth Amendment in constraining the imposition of punitive damages by state court juries. In Pacific Mutual Life Insurance Co. v. Haslip, the Supreme Court found that the Due Process Clause of the Fourteenth Amendment limits, but does not prohibit, the imposition of punitive damages. The article argues that procedural due process would be protected by giving the jury adequate guidance on the nature and purpose of punitive damages, by using post-verdict judicial review to assure …

Recovery By Stepchildren In Wrongful Death Actions, Robyn L. Meadows

Robyn L Meadows

No abstract provided.