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Articles 1 - 7 of 7

Full-Text Articles in Law

The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues Dec 2014

The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues

Georgia Journal of International & Comparative Law

No abstract provided.


Manufacturer's Liability For Defective Product Designs: The Triumph Of Risk-Utility, Aaron Twerski, James A. Henderson Jr. Apr 2009

Manufacturer's Liability For Defective Product Designs: The Triumph Of Risk-Utility, Aaron Twerski, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


A Fictional Tale Of Unintended Consequences: A Response To Professor Wertheimer, Aaron Twerski, James A. Henderson Jr. Apr 2005

A Fictional Tale Of Unintended Consequences: A Response To Professor Wertheimer, Aaron Twerski, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


Ethics Of Enterprise Liability In Product Design And Marketing Litigation, James A. Henderson Jr. May 2002

Ethics Of Enterprise Liability In Product Design And Marketing Litigation, James A. Henderson Jr.

Cornell Law Faculty Publications

American courts talk as though they are imposing strict enterprise liability on product manufacturers, but in truth they do so only with respect to manufacturing defects. In product design and marketing litigation, manufacturers' liability is based on fault. The reason why strict liability is inappropriate for the generic product hazards associated with design and marketing is that, in sharp contrast to manufacturing defects, the conditions necessary for insurance to function are not satisfied. Users and consumers control generic product risks to a sufficiently great extent that any insurance scheme based on strict enterprise liability would be destroyed by combinations of …


Prescription Drug Design Liability Under The Proposed Restatement (Third) Of Torts: A Reporter's Perspective, James A. Henderson Jr. Jan 1996

Prescription Drug Design Liability Under The Proposed Restatement (Third) Of Torts: A Reporter's Perspective, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


War On The Common Law: The Struggle At The Center Of Products Liability, Carl T. Bogus Jan 1995

War On The Common Law: The Struggle At The Center Of Products Liability, Carl T. Bogus

Missouri Law Review

Over its first two decades, products liability evolved from a system concerned only with manufacturing defects, e.g., MacPherson's Buick into one concerned also with design defects, e.g., the Ford Pinto, which was designed in a fashion that made the gas tank susceptible to exploding in minor collisions. Part I of this Article deals with the two paradigms that lie at the center of the struggle. Part II of the Article is devoted to generic liability. Part III discusses important jurisprudential questions raised by the debate, namely: What are the respective roles of the courts, the legislature, and administrative agencies?


Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson Jr., Aaron Twerski Jan 1993

Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.