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Full-Text Articles in Law
Paved With Good Intentions: The Fate Of Strict Liability Under The Migratory Bird Treaty Act, Kalyani Robbins
Paved With Good Intentions: The Fate Of Strict Liability Under The Migratory Bird Treaty Act, Kalyani Robbins
Faculty Publications
The Migratory Bird Treaty Act (MBTA) contains a very broad ban on harming migratory birds, as well as a strict liability standard for misdemeanor violations. Without further limitation, the MBTA would theoretically apply to countless ordinary life activities, such as driving a car or having windows on one’s home. Naturally, there are due process concerns with such a scenario, so Congress expressly left it to the Department of the Interior to draft more detailed implementing regulations. Unfortunately, the existing regulations fail to adequately address the potential overbreadth of the MBTA’s misdemeanor application, forcing the courts to do so on an …
Manufacturing Defects, David G. Owen
Products Liability: User Misconduct Defenses, David G. Owen
Products Liability: User Misconduct Defenses, David G. Owen
Faculty Publications
No abstract provided.
Products Liability Law Restated, David G. Owen
Products Liability Law Restated, David G. Owen
Faculty Publications
No abstract provided.
Toward A Unified Theory Of Products Liability: Reviving The Causative Concept Of Legal Fault, Elizabeth Price Foley, Elizabeth C. Price
Toward A Unified Theory Of Products Liability: Reviving The Causative Concept Of Legal Fault, Elizabeth Price Foley, Elizabeth C. Price
Faculty Publications
This paper explores the concept of "causative" fault – with an emphasis on proximate and actual cause – as a substitute for modern strict liability.
Products Liability--Functionally Imposed Strict Liability, David A. Fischer
Products Liability--Functionally Imposed Strict Liability, David A. Fischer
Faculty Publications
Many manufacturers and insurance companies claim that a products liability crisis exists. This is evidenced by soaring products liability insurance rates. They express the fear that as insurance becomes unavailable or prohibitively expensive, useful products will be withheld from the market and some manufacturers may even be forced out of business. Such critics of the tort system are calling for modifications of the common law in order to give greater protection to manufacturers. A more drastic approach, vigorously championed by Professor Jeffrey O'Connell, calls for total or partial abolition of the tort system and substitution with various forms of no-fault …