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Articles 1 - 21 of 21
Full-Text Articles in Legal Remedies
Review Of Corrective Justice, By E. Weinrib, Scott Hershovitz
Review Of Corrective Justice, By E. Weinrib, Scott Hershovitz
Reviews
I once heard it said of a famous philosopher of law that he never allowed his philosophy to be polluted by law. No one will ever say that about Ernie Weinrib. His latest book - Corrective Justice - is exceptional precisely because Weinrib is deeply informed about legal doctrine. Of course, he also has formidable philosophical skill, and in bringing that to bear on doctrine, he dismantles any thought that corrective justice is too abstract a concept to shed light on the practical problems that courts face. Along the way, he also demol ishes the instrumentalism that has recently dominated …
Review, Risk, Legality And Damages, Paul Craig
Review, Risk, Legality And Damages, Paul Craig
Articles by Maurer Faculty
No abstract provided.
Bargaining In The Shadow Of Rate-Setting Courts, Daniel A. Crane
Bargaining In The Shadow Of Rate-Setting Courts, Daniel A. Crane
Articles
Judges will tell you that they are comparatively poor rate regulators. The specialized, technical competence and supervisory capacity that public utilities commissions enjoy are usually absent from judicial chambers. Nonetheless, when granting antitrust remedies-particularly remedies for monopolistic abuse of intellectual property-courts sometimes purport to act as rate regulators for the licensing or sale of the defendant's assets. At the outset, we should distinguish between two forms ofjudicial rate setting. In one form, a court (or the FTC in its adjudicative capacity) grants a compulsory license and sets a specific rate as part of a final judgment or an order. The …
The Truth About Torts: Rethinking Regulatory Preemption And Its Impact On Public Health, William Buzbee, William Funk, Thomas Mcgarity, Nina A. Mendelson, Sidney Shapiro, David Vladeck, Matthew Shudtz
The Truth About Torts: Rethinking Regulatory Preemption And Its Impact On Public Health, William Buzbee, William Funk, Thomas Mcgarity, Nina A. Mendelson, Sidney Shapiro, David Vladeck, Matthew Shudtz
Other Publications
As consumers, we assume that the automobiles, pharmaceuticals, medical devices, and other products we purchase are generally safe for their intended uses. We rely on manufacturers to design and produce safe products, and we assume that federal regulators are conscientious watchdogs of the marketplace. In most instances, our assumptions are valid and we safely go about our lives. But the regulatory system is now frayed to the point that dangerous products sometimes slip through the cracks. Vioxx, Firestone/ATX tires, and toxics-laden children’s toys have endangered and harmed millions. In these cases, society depends on the state courts as a venue …
Operationalizing Deterrence Claims Management (In Hopsitals, A Large Retailer, And Jails And Prisons), Margo Schlanger
Operationalizing Deterrence Claims Management (In Hopsitals, A Large Retailer, And Jails And Prisons), Margo Schlanger
Articles
The theory that the prospect of liability for damages deters risky behavior has been developed in countless articles and books. The literature is far sparser, however, on how deterrence is operationalized. And prior work slights an equally important effect of damage actions, to incentivize claims management in addition to harm-reduction responses that are cost- rather than liabilityminimizing. This article works in the intersection of these two understudied areas, focusing on claims management steps taken by frequently sued organizations, and opening a window into the black box of deterrence to see how those steps may end up serving harm-reduction purposes as …
Second Best Damage Action Deterrence, Margo Schlanger
Second Best Damage Action Deterrence, Margo Schlanger
Articles
Potential defendants faced with the prospect of tort or tort-like damage actions can reduce their liability exposure in a number of ways. Prior scholarship has dwelled primarily on the possibility that they may respond to the threat of liability by augmenting the amount of care they take.1 Defendants (I limit myself to defendants for simplicity) will increase their expenditures on care, so the theory goes, when those expenditures yield sufficient liability-reducing dividends; more care decreases liability exposure by simultaneously making it less likely that the actors will be found to have behaved tortiously in the event of an accident and …
Liability Insurance As Tort Regulation: Six Ways That Liability Insurance Shapes Tort Law In Action, Tom Baker
Liability Insurance As Tort Regulation: Six Ways That Liability Insurance Shapes Tort Law In Action, Tom Baker
All Faculty Scholarship
Leaving aside difficult to interpret doctrinal developments, such as the abrogation of traditional immunities, liability insurance has at least the following six impacts on tort law in action. First, for claims against all but the wealthiest individuals and organizations, liability insurance is a de facto element of tort liability. Second, liability insurance limits are a de facto cap on tort damages. Third, tort claims are shaped to match the available liability insurance, with the result that liability insurance policy exclusions become de facto limits on tort liability. Fourth, liability insurance makes lawsuits against ordinary individuals and small organizations into repeat …
Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles
Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles
Articles
No abstract provided.
The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck
The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck
Articles in Law Reviews & Other Academic Journals
With the advent of the global economy and the increasing number of international commercial transactions, arbitration has become an important dispute resolution option. Arbitration is traditionally extolled because it helps to resolve commercial disputes economically, confidentially, and finally within a neutral forum.' Additionally, unlike national court judgments, arbitration provides an internationally recognized method for enforcing awards.' As a result of these benefits, arbitration is now the preferred dispute resolution mechanism for international commercial disagreements. Unfortunately, because of perceived misconduct by arbitrators and the risk of party manipulation, the arbitration process has come under increasing attack through civil actions against arbitrators.
Corporate Judgement Proofing: A Response To Lynn Lopucki's 'The Death Of Liability', James J. White
Corporate Judgement Proofing: A Response To Lynn Lopucki's 'The Death Of Liability', James J. White
Articles
In "The Death of Liability" Professor Lynn M. LoPucki argues that American businesses are rendering themselves judgment proof.- Using the metaphor of a poker game, Professor LoPucki claims American businesses are increasingly able to participate in the poker game without putting "chips in the pot." He argues that it has become easier for American companies to play the game without having chips in the pot because of the ease with which a modern debtor can grant secured credit, because of the growth of the peculiar form of sale known as asset securitization, because foreign havens for secreting assets are now …
The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn
The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn
LLM Theses and Essays
This thesis deals with the lability of automobile and motorcycle manufacturers, as well as their suppliers, in situations where a defective product causes a harmful event. Specifically, it compares the product liability laws of the Federal Republic of Germany to those of the United States of America. Before entering into the details of legal doctrine, the introductory note provides background information on the social and economic aspects of automobile use in those two countries. Next, Chapter I describes the liability regime governing claims against German motor vehicle manufacturers and their suppliers. Chapter II focuses on the comparable law in the …
Property Rules And Liability Rules: The Cathedral In Another Light, James E. Krier, Stewart J. Schwab
Property Rules And Liability Rules: The Cathedral In Another Light, James E. Krier, Stewart J. Schwab
Articles
Ronald Coase's essay on "The Problem of Social Cost" introduced the world to transaction costs, and the introduction laid the foundation for an ongoing cottage industry in law and economics. And of all the law-and-economics scholarship built on Coase's insights, perhaps the most widely known and influential contribution has been Calabresi and Melamed's discussion of what they called "property rules" and "liability rules."' Those rules and the methodology behind them are our subjects here. We have a number of objectives, the most basic of which is to provide a much needed primer for those students, scholars, and lawyers who are …
The Decline Of The Contract Market Damage Model, James J. White
The Decline Of The Contract Market Damage Model, James J. White
Articles
In law school every American lawyer learns that the conventional measure of damages for breach of a sales contract is the difference between the contract price and the market price. Even before these rules were embodied in the Uniform Sales Act and the Uniform Commercial Code (UCC), they were a staple of Anglo-American common law. They remain the rules with which a court would determine damage liability not only for the sale of goods, but also for the sale of real estate and securities.
Soviet Tort Law: The New Principles Annotated, Whitmore Gray
Soviet Tort Law: The New Principles Annotated, Whitmore Gray
Articles
In 1961, the federal legislature, the USSR Supreme Soviet, finally adopted a skeleton code of fundamental principles of civil law.10 This recodification, which incorporates 40 years of case law and doctrinal development as well as some major innovations, will be the basis for individual civil codes to be adopted in each of the 15 union republics. While there may be some slight modifications, and certainly some variety in the degree of additional detail included in the individual codes by each republic,11 these Principles present already a fairly comprehensive picture of the shape of the future law. They are about as …
Rationale Of Past Consideration And Moral Consideration, Hugh Evander Willis
Rationale Of Past Consideration And Moral Consideration, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Liability Without Fault, John B. Waite
Liability Without Fault, John B. Waite
Articles
In Ives v. South Buffalo Ry. Co., 201 N. Y. 271, appeared, as a basis for the decision, the statement that "When our Constitutions were adopted, it was the law of the land that no man who was without fault or negligence could be held liable in damages for injuries sustained by another. That is still the law." Mr. Justice McKenna has recently voiced the same idea. In his dissenting opinion in Arizona Copper Co. v. Hammer, 39 Sup. Ct. Rep. 553, he contends that the Workmen's Compensation Act of Arizona is unconstitutional, because, "It seems to me to be …
Liability Of Public Officer For The Loss Of Private Funds Entrusted To His Keeping, W. Gordon Stoner
Liability Of Public Officer For The Loss Of Private Funds Entrusted To His Keeping, W. Gordon Stoner
Articles
There is much contrariety of decision concerning the liability of public officers for the loss of funds with which they have been entrusted. A recent case illustrates some of the more important phases of the law of such a situation. People for use of Hoyt et al. v. McGrath et al. (Ill. 1917), I17 N. E. 74. In this case the public brought an action of debt on the official bond of the clerk of court for the use of Hoyt and others. Usees had tendered into court a sum of money which the clerk took under the court's order …
Limitation As To The Amount Of Liability For Loss Of Goods By Carriers, Edwin C. Goddard
Limitation As To The Amount Of Liability For Loss Of Goods By Carriers, Edwin C. Goddard
Articles
A carload of automobiles was shipped by express, under an express receipt limiting recovery to $50, unless a greater value was named and a greater carrying charge paid. The shipper knew of this stipulation, and deliberately chose the restricted liability so as to secure the lower rate. On a suit for loss of the automobiles, recovery was limited to $50. Geo. N. Pierce Co. v. Wells Fargo & Co., 189 Fed. 561, commented on in 10 MICH. L. REB. 317. The United States Supreme Court has just affirmed this decision, 35 Sup. Ct. 351.
The Liability Of Charitable Corporations For The Torts Of Their Servants, Harry B. Hutchins
The Liability Of Charitable Corporations For The Torts Of Their Servants, Harry B. Hutchins
Articles
The Liability of Charitable Corporations for the Torts of their Servants.--This question was discussed quite fully in the last number of the REVIEW, pp. 552-559, under the title Liability of Hospitals for the Negligence of their Physicians and Nurses, particular attention being given to the reasons underlying the doctrine that charitable corporations are not liable for the negligence of their servants, provided proper care has been exercised in their selection, and to the limitations within which that doctrine should be confined. It was concluded that the true reason for the doctrine is not to be found, as many cases apparently …
Liability Of Hospitals For The Negligence Of Their Physicians And Nurses, Harry B. Hutchins
Liability Of Hospitals For The Negligence Of Their Physicians And Nurses, Harry B. Hutchins
Articles
Liability of Hospitals for the Negligence of their Physicians and Nurses.-This question was recently examined by the Supreme Court of Utah in the case of Gitzhoffen v. Sisters of Holy Cross Hospital Association, 88 Pac. Rep. 691 (Jan. 26, 1907), and the opinion filed may well serve as a basis for comment. The hospital association was sued for damages for injuries that plaintiff claimed to have sustained through the negligence of defendant's nurses.
Liability Of Public Officers To Private Actions For Neglect Of Official Duty, Thomas M. Cooley
Liability Of Public Officers To Private Actions For Neglect Of Official Duty, Thomas M. Cooley
Articles
A public office is a public trust.The incumbent has a property right in it, but the office is conferred, not for his benefit, but for the benefit of the political society. The duties imposed upon the officer are supposed to be capable of classification under one of three heads: the legislative, executive, or judicial; and to pertain, accordingly, to one of the three departments of the government designated by these names. But the classification cannot be very exact, and there are numerous officers who cannot be classified at all under these heads. The reason will be apparent if we name …