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Articles 1 - 16 of 16
Full-Text Articles in Law
Petition For A Writ Of Certiorari, Calhoun V. Yamaha Motor Corp, No. 00-681 (U.S. Oct 30, 2000), David C. Vladeck
Petition For A Writ Of Certiorari, Calhoun V. Yamaha Motor Corp, No. 00-681 (U.S. Oct 30, 2000), David C. Vladeck
U.S. Supreme Court Briefs
No abstract provided.
Reconsidering The Reliance Interest, Christopher W. Frost
Reconsidering The Reliance Interest, Christopher W. Frost
Law Faculty Scholarly Articles
This essay discusses the place of Fuller and Perdue's The Reliance Interest in Contract Damages in the contracts classroom. After first describing my use of The Reliance Interest, I will set out what I consider to be the pedagogical benefits of beginning the course with remedies and the attractiveness of Fuller and Perdue's analytical model in conveying an understanding of the remedial structure. Next, I will discuss the views of critics Craswell, Kelly and Barnes. Finally, I will revisit the place of Fuller and Perdue's work in the contracts course in light of these criticisms.
Developing Construction Claims For Arbitration: Two Arbitrators' Viewpoint, Douglas D. Gransberg, Charles A. Joplin
Developing Construction Claims For Arbitration: Two Arbitrators' Viewpoint, Douglas D. Gransberg, Charles A. Joplin
Douglas D. Gransberg
Two arbitrators' viewpoints of construction claims development are provided in the hope that the information will be useful to those needing to resolve construction claims by arbitration. It also may help to reduce the volume of costly and unnecessary documentation. Because of arbitration's relative formality, attorneys representing construction contractors and owners tend to prepare their cases in the same way as they would for litigation. This leads to potential information overkill, which threatens the arbitration panel's ability to easily sort through and understand the issues in its quest for a fair and equitable decision.
Indirect Causation: A Reminder From The Biblical Goring Ox Rule For Fraud On The Market Securities Litigation, Andrew R. Simmonds
Indirect Causation: A Reminder From The Biblical Goring Ox Rule For Fraud On The Market Securities Litigation, Andrew R. Simmonds
Kentucky Law Journal
No abstract provided.
Daño Moral, Fernando Gómez
The Value Of Life In Legal Contexts: Survey And Critique, W. Kip Viscusi
The Value Of Life In Legal Contexts: Survey And Critique, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Value of life issues traditionally pertain to insurance of the losses of accident victims, for which replacement of the economic loss is often an appropriate concept. Deterrence measures of the value of life focus on risk-money tradeoffs involving small changes in risk. Using market data for risky jobs and product risk contexts often yields substantial estimates of the value of life in the range of $3 million to $9 million. These estimates are useful in providing guidance for regulatory policy and assessments of liability. However, use of these values to determine compensation, known as hedonic damages, leads to excessive insurance.
Patent Infringement Damages In Japan And The United States: Will Increased Patent Infringement Damage Awards Revive The Japanese Economy?, Toshiko Takenaka
Patent Infringement Damages In Japan And The United States: Will Increased Patent Infringement Damage Awards Revive The Japanese Economy?, Toshiko Takenaka
Articles
This Article will look at the impact of the new Japanese legislation on patent infringement damages and will discuss whether the increase in damage awards contributes to the creation of breakthrough technology. To understand this impact, Part I will discuss pre-1998 legislation damages and highlight the difference between damages awarded by United States courts and those awarded by Japanese courts, by comparing United States and Japanese case examples. In examining the general tort and patent law theories, Part I will also try to identify the source of the difference and discuss how this difference is reflected in current United States …
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 1999 and 2000.
Wrongful Birth And Wrongful Conception: A Parent's Need For A Cause Of Action, Mary B. Sullivan
Wrongful Birth And Wrongful Conception: A Parent's Need For A Cause Of Action, Mary B. Sullivan
Journal of Law and Health
The purpose of this note is to demonstrate the need for wrongful birth and wrongful conception claims. Arguments have been made that these claims should be combined into one cause of action. The rationale for this argument is that by combining the two claims, chaos in the courts will be reduced. This note will show the need to maintain these claims as separate from one another. This note also demonstrates the proper stance of the courts in rejecting the wrongful life cause of action. Part II of this note gives an overview of medical malpractice and the claims of wrongful …
Merciful Damages: Some Remarks On Forgiveness, Mercy And Tort Law, Neal R. Feigenson
Merciful Damages: Some Remarks On Forgiveness, Mercy And Tort Law, Neal R. Feigenson
Fordham Urban Law Journal
This article explores the place of forgiveness and mercy in tort law, describing frequent misgivings about encouraging forgiveness or mercy as part of the substantive or procedural law of torts. Finally, the article suggests a new concept, "merciful damages" which might allow some of the benefits of forgiveness while avoiding or mitigating some common concerns.
A Reexamination Of The Distinction Between "Loss-Allocating" And "Conduct-Regulating Rules", Wendy Collins Perdue
A Reexamination Of The Distinction Between "Loss-Allocating" And "Conduct-Regulating Rules", Wendy Collins Perdue
Georgetown Law Faculty Publications and Other Works
In this paper, I disagree with the premise that all tort rules can be meaningfully classified as either compensatory or deterrent. I argue that most tort rules are both and that "the compensation and deterrence goals ascribed to the tort system cannot be separated.” I then explore the impact on the Louisiana tort choice of law code of this alternative understanding of tort law. My analysis begins with the proposition that all tort rules are loss-allocating. A liability rule shifts the loss from the injured victim to the tortfeasor; conversely a rule of no liability means that the loss, no …
Merciful Damages: Some Remarks On Forgiveness, Mercy And Tort Law, Neal R. Feigenson
Merciful Damages: Some Remarks On Forgiveness, Mercy And Tort Law, Neal R. Feigenson
Fordham Urban Law Journal
This article explores the place of forgiveness and mercy in tort law, describing frequent misgivings about encouraging forgiveness or mercy as part of the substantive or procedural law of torts. Finally, the article suggests a new concept, "merciful damages" which might allow some of the benefits of forgiveness while avoiding or mitigating some common concerns.
Remedies In Animal-Related Litigation, Joan E. Schaffner
Remedies In Animal-Related Litigation, Joan E. Schaffner
GW Law Faculty Publications & Other Works
This chapter discusses the challenges of determining appropriate remedies in cases involving animals with a focus on companion animals. Damages fall into one of two categories: substitutionary relief, which is based on the value of loss of the animal, and specific relief, which “seeks to either avoid harm, undo the harm, or repair the harm in kind.” In private law cases the primary relief sought is substitutionary damages. The changing role of companion animals in people’s lives is leading to an expanding range of available damages, such as companionship value, emotional distress and punitive damages. Of course, the jurisdiction’s substantive …
An Essay On Texas V. Lesage, Christina B. Whitman
An Essay On Texas V. Lesage, Christina B. Whitman
Articles
When I was invited to participate in this symposium, I was asked to discuss whether the causation defense developed in Mt. Healthy City School District Board of Education v. Doyle applied to cases challenging state action under the Equal Protection Clause of the Fourteenth Amendment. As I argue below, it seems clear that Mt. Healthy does apply to equal protection cases. The Supreme Court explicitly so held last November in Texas v. Lesage. But the implications of Lesage go beyond questions of causation. The opinion suggests that the Court may be rethinking (or ignoring) its promise in Carey v. Piphus …
Governments, Citizens, And Injurious Industries, Hanoch Dagan, James J. White
Governments, Citizens, And Injurious Industries, Hanoch Dagan, James J. White
Articles
In this Article, Professors Hanoch Dagan and James White study the most recent challenge raised by mass torts litigation: the interference of governments with the bilateral relationship between citizens and injurious industries. Using the tobacco settlement as their case study, Dagan and White explore the important benefits and the grave dangers of recognizing governments' entitlement to reimbursement for costs they have incurred in preventing or ameliorating their citizens' injuries. They further demonstrate that the current law can help capture these benefits and guard against the entailing risks, showing how subrogation law can serve as the legal foundation of the governments' …
The Secrecy Interest In Contract Law, Omri Ben-Shahar, Lisa Bernstein
The Secrecy Interest In Contract Law, Omri Ben-Shahar, Lisa Bernstein
Articles
A long and distinguished line of law-and-economics articles has established that in many circumstances fully compensatory expectation damages are a desirable remedy for breach of contract because they induce both efficient performance and efficient breach. The expectation measure, which seeks to put the breached-against party in the position she would have been in had the contract been performed, has, therefore, rightly been chosen as the dominant contract default rule. It does a far better job of regulating breach-or-perform incentives than its leading competitors-the restitution measure, the reliance measure, and specific performance. This Essay does not directly take issue with the …