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Full-Text Articles in Other Law

Pecuniary Reparations Following National Crisis: A Convergence Of Tort Theory, Microfinance, And Gender Equality, Anita Bernstein Oct 2009

Pecuniary Reparations Following National Crisis: A Convergence Of Tort Theory, Microfinance, And Gender Equality, Anita Bernstein

Faculty Scholarship

No abstract provided.


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

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

Faculty Scholarship

No abstract provided.


Fellow-Feeling And Gender In The Law Of Personal Injury, Anita Bernstein Jan 2009

Fellow-Feeling And Gender In The Law Of Personal Injury, Anita Bernstein

Faculty Scholarship

No abstract provided.


Chasing The Illusory Pot Of Gold At The End Of The Rainbow: Negligence And Strict Liability In Design Defect Litigation, Aaron D. Twerski Oct 2006

Chasing The Illusory Pot Of Gold At The End Of The Rainbow: Negligence And Strict Liability In Design Defect Litigation, Aaron D. Twerski

Faculty Scholarship

No abstract provided.


An Analysis Of The Effect Of A Loser-Pays Rule On The Decisions Of An American Litigant, Jaime Leigh Loos Jan 2005

An Analysis Of The Effect Of A Loser-Pays Rule On The Decisions Of An American Litigant, Jaime Leigh Loos

Honors Program Theses

Decisions made by litigants often do not reflect those most beneficial to society. A rule goveming fee allocation in tort cases should encourage meritorious suits and discourage frivolous suits. America is one of the only countries in the world that does not use a loser-pays rule to assign legal costs. Employing a loser-pays rule could make the legal system more efficient and more equitable. The effect of a loser-pays rule is analyzed by economic theory and empirical evidence, while considering possible limitations of the rule. A carefully applied system of loser-pays may positively affect the U.S. legal system.


Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein Oct 2004

Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein

Faculty Scholarship

No abstract provided.


The Enterprise Of Liability, Anita Bernstein Oct 2004

The Enterprise Of Liability, Anita Bernstein

Faculty Scholarship

No abstract provided.


Are Private Automobile Insurance Companies Replacing Workers’ Compensation Coverage When The Employee/Insured Is Injured In The Course And Scope Of Employment By A Third-Party Tortfeasor?: Rubin V. State Farm Mutual Automobile Insurance Company, Micah Echols Mar 2004

Are Private Automobile Insurance Companies Replacing Workers’ Compensation Coverage When The Employee/Insured Is Injured In The Course And Scope Of Employment By A Third-Party Tortfeasor?: Rubin V. State Farm Mutual Automobile Insurance Company, Micah Echols

The University of New Hampshire Law Review

[Excerpt] “Multiple sources for recovery are available for an employee who is physically injured by a third-party tortfeasor in the course and scope of employment. This is especially true when the physical injury triggers coverage under a health insurance policy or other type of insurance policy for medical benefits. First, assuming that the employer participates in workers’ compensation insurance, the employee is entitled to receive workers’ compensation benefits for medical expenses. Second, the employee can also recover payments for medical benefits from the third-party tortfeasor in a common-law negligence lawsuit. Third, the employee, who in this context would be considered …


Asbestos Litigation Gone Mad: Exposure-Based Recovery For Increased Risk, Mental Distress, And Medical Monitoring, Aaron Twerski, J. A. Henderson Jul 2002

Asbestos Litigation Gone Mad: Exposure-Based Recovery For Increased Risk, Mental Distress, And Medical Monitoring, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


Conjoining International Human Rights Law With Enterprise Liability For Accidents, Anita Bernstein Apr 2001

Conjoining International Human Rights Law With Enterprise Liability For Accidents, Anita Bernstein

Faculty Scholarship

No abstract provided.


Intent And Recklessness In Tort: The Practical Craft Of Restating Law, Aaron Twerski, J. A. Henderson Apr 2001

Intent And Recklessness In Tort: The Practical Craft Of Restating Law, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


Recent Case Developments, Jeffrey W. Stempel Jan 2001

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in the years 2000 and 2001.


Recent Case Developments, Jeffrey W. Stempel Jan 2001

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in the years 2000 and 2001.


Liability Without Cause? Further Ruminations On Cause-In-Fact As Applied To Handgun Liability, Aaron Twerski, A. J. Sebok Jul 2000

Liability Without Cause? Further Ruminations On Cause-In-Fact As Applied To Handgun Liability, Aaron Twerski, A. J. Sebok

Faculty Scholarship

No abstract provided.


Recent Case Developments, Jeffrey W. Stempel Jan 2000

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in the years 1999 and 2000.


Recent Case Developments, Jeffrey W. Stempel Jan 2000

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in the years 1999 and 2000.


Product Design Liability In Oregon And The New Restatement, Aaron Twerski, J. A. Henderson Apr 1999

Product Design Liability In Oregon And The New Restatement, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


The New-Tort Centrifuge, Anita Bernstein Jan 1999

The New-Tort Centrifuge, Anita Bernstein

Faculty Scholarship

No abstract provided.


Recent Case Developments, Jeffrey W. Stempel Jan 1999

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance law in the year 1998-1999.


The Politics Of The Products Liability Restatement, Aaron Twerski, J. A. Henderson Apr 1998

The Politics Of The Products Liability Restatement, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


Recent Case Developments, Jeffrey W. Stempel Jan 1998

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in years 1998 and 1999.


Recent Case Developments, Jeffrey W. Stempel Jan 1998

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance law in the year 1998.


Achieving Consensus On Defective Product Design, Aaron Twerski, J. A. Henderson Jan 1998

Achieving Consensus On Defective Product Design, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


Tort Law (Symposium: The Supreme Court And State And Local Government Law: The 1996-97 Term), Leon D. Lazer Jan 1998

Tort Law (Symposium: The Supreme Court And State And Local Government Law: The 1996-97 Term), Leon D. Lazer

Scholarly Works

No abstract provided.


Formed By Thalidomide: Mass Torts As A False Cure For Toxic Exposure, Anita Bernstein Nov 1997

Formed By Thalidomide: Mass Torts As A False Cure For Toxic Exposure, Anita Bernstein

Faculty Scholarship

No abstract provided.


Arriving At Reasonable Alternative Design: The Reporters' Travelogue, Aaron Twerski, J. A. Henderson Jan 1997

Arriving At Reasonable Alternative Design: The Reporters' Travelogue, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


How To Make A New Tort: Three Paradoxes, Anita Bernstein Jan 1997

How To Make A New Tort: Three Paradoxes, Anita Bernstein

Faculty Scholarship

No abstract provided.


Inside The Restatement, Aaron Twerski Jan 1997

Inside The Restatement, Aaron Twerski

Faculty Scholarship

No abstract provided.


Punitive Damages Awards In Product Liability Litigation: Strong Medicine Or Poison Pill - Introduction, Aaron Twerski Jan 1994

Punitive Damages Awards In Product Liability Litigation: Strong Medicine Or Poison Pill - Introduction, Aaron Twerski

Faculty Scholarship

No abstract provided.


A Sheep In Wolf's Clothing: Territorialism In The Guise Of Interest Analysis In Cooney V. Osgood Machinery, Inc, Aaron Twerski Jan 1994

A Sheep In Wolf's Clothing: Territorialism In The Guise Of Interest Analysis In Cooney V. Osgood Machinery, Inc, Aaron Twerski

Faculty Scholarship

No abstract provided.