Open Access. Powered by Scholars. Published by Universities.®
State and Local Government Law
University of Michigan Law School
- Keyword
-
- Law reform (3)
- Michigan (3)
- California (2)
- Compensation (2)
- Damages (2)
-
- Florida (2)
- Injuries (2)
- Products liability (2)
- Automobile insurance (1)
- Automobiles (1)
- Burden of proof (1)
- Causes of action (1)
- Conley v. Boyle Drug Co. (1)
- Consumers (1)
- Criminal justice system (1)
- Deterrance (1)
- Due process (1)
- Estates (1)
- Guilt (1)
- Hymowitz v. Eli Lilly & Co. (1)
- Innocence (1)
- Interstate commerce (1)
- Legislative drafting (1)
- Liability (1)
- Manufacturers (1)
- Massachusetts (1)
- Negligence (1)
- New York (1)
- No-fault insurance (1)
- Property damage (1)
Articles 1 - 7 of 7
Full-Text Articles in Legal Remedies
Invading The Realm Of The Dead: Exploring The (Im)Propriety Of Punitive Damage Awards Against Estates, Emily Himes Iversen
Invading The Realm Of The Dead: Exploring The (Im)Propriety Of Punitive Damage Awards Against Estates, Emily Himes Iversen
University of Michigan Journal of Law Reform
Punitive damages are traditionally understood, at least in part, as damages designed to punish. It should therefore come as no surprise that, in the majority of states that have decided the issue, courts have chosen not to allow punitive damage awards against the estates of deceased tortfeasors. After all, the tortfeasor can no longer be punished (at least by tort awards). Nonetheless, punitive damages can also serve other purposes, such as deterrence. This Note argues that Michigan, a state which has not yet taken a stance, should adopt the minority position that allows punitive damages to be awarded against estates. …
Presumed Guilty Until Proven Innocent: The Burden Of Proof In Wrongful Conviction Claims Under State Compensation Statutes, Daniel S. Kahn
Presumed Guilty Until Proven Innocent: The Burden Of Proof In Wrongful Conviction Claims Under State Compensation Statutes, Daniel S. Kahn
University of Michigan Journal of Law Reform
Despite significant efforts to uncover and prevent wrongful convictions, little attention has been paid to the compensation of wrongfully convicted individuals once they are released from prison. State compensation statutes offer the best path to redress because they do not require the claimant to prove that the state was at fault for the wrongful conviction and because they are not susceptible to the same political influences as other methods of compensation. However, even under compensation statutes, too many meritorious claims are dismissed, settled for far too little, or never brought in the first place. After examining the current statutory framework, …
The Unintended Consequence Of Tort Reform In Michigan: An Argument For Reinstating Retailer Product Liability, Ashley L. Thompson
The Unintended Consequence Of Tort Reform In Michigan: An Argument For Reinstating Retailer Product Liability, Ashley L. Thompson
University of Michigan Journal of Law Reform
Tort reform became an important issue during the 1994 Congressional Campaign as part of the Republican Party's "Contract with America. "Since then, many federal and state laws have attempted to reduce both liability and recovery in tort actions. In 1996, Michigan passed the Tort Reform Act, encompassing many drastic changes to state tort law. One provision of the Act, § 294 7, scaled back liability against non-manufacturing retailers in product liability actions. The Michigan Supreme Court interpreted the exceptions of the law narrowly and the prohibition broadly, essentially barring recovery from retailers. Since 1996, this provision has prevented victims injured …
Restating The Law: The Dilemmas Of Products Liability, Robert L. Rabin
Restating The Law: The Dilemmas Of Products Liability, Robert L. Rabin
University of Michigan Journal of Law Reform
Tracing products liability law from its origins to present day developments, Professor Rabin discusses the long-standing presence of interwoven strands of contract and tort ideology, as well as the perennial tensions between strict liability and negligence. These themes are evident both in the distinctly influential California case law and in the two Restatement efforts to systematize the doctrine that has emerged nationally. Rabin identifies the manner in which foundational ideological precepts of consumer expectations and enterprise liability have contributed to a continuously dynamic, if often unsettled, debate over the appropriate regime for resolving product injury claims.
Market-Share Liability After Hymowitz And Conley: Exploring The Limits Of Judicial Power, Christopher J. Mcguire
Market-Share Liability After Hymowitz And Conley: Exploring The Limits Of Judicial Power, Christopher J. Mcguire
University of Michigan Journal of Law Reform
This Note surveys the development of market-share liability and examines the limits on the power of state and federal courts to impose liability on defendants through market-share liability. Part I examines briefly the development of market-share liability in the early 1980s. It then explores how the New York Court of Appeals extended market-share liability in Hymowitz v. Eli Lilly and explores this case's ramifications. Part I also draws on a recent Florida case, Conley v. Boyle Drug Co., for further insight into the problems surrounding market-share liability litigation. Part II argues that jurisdictional limitations, such as standing to sue …
Reflections On Unconstitutionality In Futuro: Shavers V. Attorney General And Robinson V. Cahill, Philip H. Hecht
Reflections On Unconstitutionality In Futuro: Shavers V. Attorney General And Robinson V. Cahill, Philip H. Hecht
University of Michigan Journal of Law Reform
This article will argue that holdings of unconstitutionality in futuro are difficult to reconcile with the separation of powers doctrine because they foster impermissible intrusions on the ability of the legislative and executive branches to act independently of the judiciary. It is further argued that in the two cases where courts have adopted the unconstitutionality in futuro approach, the failure to satisfy all of the proposed standards for the appropriateness of unconstitutionality in futuro and the further considerations of judicial legitimacy and competency should have led the courts to consider other less drastic alternatives before deciding to use unconstitutionality in …
Due Process Problems Of Property Damage No-Fault Insurance, Stephen L. Jones
Due Process Problems Of Property Damage No-Fault Insurance, Stephen L. Jones
University of Michigan Journal of Law Reform
Michigan, Florida, and Massachusetts have recently enacted automobile property damage no-fault legislation. Similar to the concept of personal injury no-fault plans, the property damage legislation bars tort recovery for damage to vehicles involved in collisions and substitutes a system of insurance protection that would compensate the vehicle's owner for these losses without regard to fault. There are, however, two essential differences between the property damage and personal injury proposals. First, because property damage claims have been minor as compared to those for personal injuries, the property damage proposals have permitted the vehicle owner to self-insure for the former losses by …