Torts Commons^™

Derailing The Gravy Train: A Three Pronged Approach To End Fraud In Mass-Tort Medical Diagnosing, Matthew Mall

William & Mary Law Review

No abstract provided.

Sleight Of Hand, Benjamin C. Zipursky

William & Mary Law Review

No abstract provided.

Introductory Remarks: Explaining Tort Law, Michael S. Green

William & Mary Law Review

No abstract provided.

A Products Liability Theory For The Judicial Regulation Of Insurance Policies, Daniel Schwarcz

William & Mary Law Review

Many insurance law commentators believe that judges should regulate the substance of insurance policies by refusing to enforce insurance policy terms that are exploitive or otherwise unfair. The most common guide for the judicial regulation of insurance policies is the "reasonable expectations doctrine," which requires courts to disregard coverage restrictions that are beyond insureds' reasonable expectations unless the insurer specifically informed the insured about the restriction at the time of purchase. This Article argues that although the judiciary has a potential role to play in policing insurance policy terms, that role should not be defined by reference to consumers' reasonable …

Anti-Federalist Procedure, A. Benjamin Spencer

Faculty Publications

"[T]he new federal government will ... be disinclined to invade the rights of the individual States, or the prerogatives of their governments."

"[T]he Constitution of the United States ... recognizes and preserves the autonomy and independence of the States-independence in their legislative and independence in their judicial departments. . . . Any interference with either, except as [constitutionally] permitted, is an invasion of the authority of the State and, to that extent, a denial of its independence."

The understanding expressed by these opening quotes-that the national government was designed to be one of limited powers that would refrain from encroaching …

Judging Plaintiffs, Jason M. Solomon

Faculty Publications

With its powerful account of the normative principles embodied in the structure and practice of the law of torts, corrective justice is considered the leading moral theory of tort law. It has a significant advantage over instrumental and other moral theories in that it is more consistent with what judges say when they analyze tort law concepts. And with criticism of instrumental accounts, like law and economics, on a number of fronts, it is the leading descriptive theory of tort law. In this Article, I take up a question that has never been answered adequately by corrective-justice or other moral …

Hormone Replacement Therapy In The Wake Of The Women's Health Initiative Study: An Opportunity To Reexamine The Learned Intermediary Doctrine, Kate Miller

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Promise Of Internet Intermediary Liability, Ronald J. Mann, Seth R. Belzley

William & Mary Law Review

The Internet has transformed the economics of communication, creating a spirited debate about the proper role of federal, state, and international governments in regulating conduct related to the Internet. Many argue that Internet communications should be entirely self-regulated because such communications cannot or should not be the subject of government regulation. The advocates of that approach would prefer a no-regulation zone around Internet communications, based largely on the unexamined view that Internet activity is fundamentally different in a way that justifies broad regulatory exemption. At the same time, some kinds of activity that the Internet facilitates undisputedly violate widely shared …

Causing Constitutional Harm: How Tort Law Can Help Determine Harmless Error In Criminal Trials, Jason M. Solomon

Faculty Publications

No abstract provided.

Scienter, Causation, And Harm In Freedom Of Expression Analysis: The Right Hand Side Of The Constitutional Calculus, Wilson Huhn

William & Mary Bill of Rights Journal

No abstract provided.

Terminating Calder: "Effects" Based Jurisdiction In The Ninth Circuit After Schwarzenegger V. Fred Martin Motor Co., A. Benjamin Spencer

Faculty Publications

In Calder v. Jones, the Supreme Court clearly and succinctly determined that personal jurisdiction is appropriate over a defendant whose only contact with the forum state is its intentional actions aimed at and having harmful "effects" in the forum state. Illustrating the extent to which the law of personal jurisdiction had been relaxed from the time of Pennoyer v. Neff and International Shoe Co. v. Washington, Calder also extended the reach of state courts by permitting jurisdiction over out-of-state defendants on the strength of the plaintiffs' connections with the forum state. Although Calder provided a welcome and much …

The Brownfields Act: Providing Relief For The Innocent Or New Hurdles To Avoid Cercla Liability?, Spencer M. Wiegard

William & Mary Environmental Law and Policy Review

No abstract provided.

Mass Torts: Lessons In Competing Strategies And Unintended Consequences, Paula Hannaford-Agor, G. Thomas Munsterman, Barbara Kelly

Popular Media

Most of the existing problems associated with the management of mass tort litigation are the result of fundamentally incompatible strategies that plaintiffs’ lawyers, defense lawyers, and state and federal judges have each adopted over time to deal with the logistics of resolving hundreds, even thousands, of similar cases filed in state and federal courts. Indeed, competing strategies can be found not only between the various players in litigation, but even within subgroups of players. Described in this article are the various strategies employed by different players and the consequences when those strategies have succeeded.

Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein

Faculty Publications

Priestly v. Fowler has long been noted as the source of the doctrine of common employment. This Article, however, argues that the case is better understood in the context of the then-emerging independent tort of negligence-specifically, as an unsuccessful attempt to require of masters a duty of care towards their servants. The Article re-examines the facts, arguments, personalities, and various reported versions of the case in tracing the effort to establish a new duty of care. The Article traces, as well, to another case, Hutchinson v. York, the true origins of the common employment doctrine. Finally, the Article compares the …

Putting The Plaintiff Class' Needs In The Lead: Reforming Class Action Litigation By Extending The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Kendra S. Langlois

William & Mary Law Review

No abstract provided.

The Metes And Bounds Of State Sovereign Immunity, Scott Dodson

Faculty Publications

What are the constitutional parameters of state sovereign immunity? The Court has made clear that certain provisions of Article I contain no authority for overriding state sovereign immunity, while at least one other provision, the Fourteenth Amendment, permits Congress to abrogate the states’ sovereign immunity. How is this constitutional line drawn? It is temporally bound? In other words, are only certain Amendments enacted after the Eleventh Amendment free from absolute subservience to state sovereign immunity? Or, does it divide the original Constitution and its Amendments, meaning that state sovereign immunity permeates the original Constitution but does not infiltrate certain Amendments, …

Outlaws And Outlier Doctrines: The Serious Misconduct Bar In Tort Law, Joseph H. King Jr.

William & Mary Law Review

No abstract provided.

Will Big Tobacco Seek Bankruptcy Protection? A $145 Billion Verdict Poses The Question, Mark Gottlieb, Richard A. Daynard

William & Mary Environmental Law and Policy Review

No abstract provided.

Lessons Learned From Flint, Michigan: Managing Multiple Source Pollution In Urban Communities, Emily L. Dawson

William & Mary Environmental Law and Policy Review

No abstract provided.

Lawyers' Ethics And Fiduciary Obligation In The Brave New World Of Aggregative Litigation, Lester Brickman

William & Mary Environmental Law and Policy Review

No abstract provided.

No-Fault Remediation Of Mtbe, Daniel Velez

William & Mary Environmental Law and Policy Review

No abstract provided.

Forum Allocation In Toxic Tort Cases: Lessons From The Tobacco Litigation And Other Recent Developements, Mark C. Weber

William & Mary Environmental Law and Policy Review

No abstract provided.

The End Of The Defendant Advantage In Tobacco Litigation, Howard M. Erichson

William & Mary Environmental Law and Policy Review

No abstract provided.

Introduction: Symposium 2001: Toxic Torts: Issues Of Mass Litigation, Case Management, And Ethics, Erin O'Callaghan, Anne C. Dowling

William & Mary Environmental Law and Policy Review

No abstract provided.

Proposal For Linking Culpability And Causation To Ensure Corporate Accountability For Toxic Risks, Thomas O. Mcgarity

William & Mary Environmental Law and Policy Review

No abstract provided.

Tortious Toxics, Lisa Heinzerling, Cameron Powers Hoffman

William & Mary Environmental Law and Policy Review

No abstract provided.

The Externality Of Victim Care, Alan J. Meese

Faculty Publications

No abstract provided.

A Tale Of Two Concurrences: Same-Sex Marriage And Products Liability, John G. Culhane

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Regulating Corporate Human Rights Abuses: Is Unocal The Answer?, Pia Zara Thadhani

William & Mary Law Review

No abstract provided.

Brownfields Of Dreams In The Old Dominion: Redeveloping Brownfields In Virginia, Philip Carter Strother

William & Mary Environmental Law and Policy Review

No abstract provided.