Torts Commons^™

The Unintended Revolution In Product Liability Law, Richard A. Epstein

Cardozo Law Review

No abstract provided.

Flypaper Contracts And The Genesis Of Modern Tort, Peter Huber

Cardozo Law Review

No abstract provided.

The Joint Tortfeasor Legislative Revolt: A Rational Response To The Critics, Aaron Twerski

Faculty Scholarship

No abstract provided.

Schlemmer V. Fireman's Fund Insurance Co.: A Case For Rethinking Arkansas' Choice-Of-Law Rule For Interstate Torts, L. Lynn Hogue

University of Arkansas at Little Rock Law Review

No abstract provided.

The Baby Swallowed The Bathwater: A Rejoinder To Professor Wright, Aaron Twerski

Faculty Scholarship

No abstract provided.

Sexual Molestation Within America's Parishes And Congregations; Should The Church Be Thy Priest's Keeper, Stephanie D. Young

West Virginia Law Review

No abstract provided.

Responses To Corporate Versus Individual Wrongdoing, Valerie P. Hans, M. David Ermann

Cornell Law Faculty Publications

For many years, researchers assumed that the public was indifferent to corporate wrongdoing, but recent surveys have discovered evidence to the contrary. Taking insights from these data a step further, this study employed an experimental design to examine whether people responded differently to corporate versus individual wrongdoers. We varied the identity of the central actor in a scenario involving harm to workers. Half the respondents were informed that a corporation caused the harm; the remainder were told that an individual did so. Respondents applied a higher standard of responsibility to the corporate actor. For identical actions, the corporation was judged …

Products Liability: Breaking Through The Cocoon Of The Cigarette Industry, Emmanuel C. Nneji

In the Public Interest

No abstract provided.

The Implications Of 42 U.S.C. § 1983 For The Privatization Of Prisons, Charles W. Thomas, Linda S. Calvert Hanson

Florida State University Law Review

No abstract provided.

The Moral Foundations Of Punitive Damages, David G. Owen

Faculty Publications

No abstract provided.

Using Statistical Techniques To Predict Non-Pecuniary Damage Awards In Personal Injury Cases, Jack Effron, John Forster

Dalhousie Law Journal

The real issue in personal injury cases is often damages. Our concepts and law relating to negligence and other aspects of personal injury are sufficiently developed that parties can often agree upon who is at fault. Yet damages law, for all the cases and principles which have been decided, remains the least intelligible and thus the least predictable for parties and their counsel. When parties have to go to trial in a personal injury case, it is often primarily to decide who should pay what.

Washington's Special Relationship Exception To The Public Duty Doctrine, Jenifer Kay Marcus

Washington Law Review

The public duty doctrine states that in order for a person to recover tort damages from a governmental entity, the individual must prove that the governmental entity breached a duty owed to him or her particularly, and not just a breach of a duty owed to the public. The "special relationship" exception to the doctrine provides a mechanism for proving a particularized duty. The Washington Supreme Court has now restricted this exception. By restricting the exception, the court may inappropriately bar certain injured plaintiffs from recovery. The restriction may also violate Washington statutes abrogating governmental immunity by giving government defendants …

"Respondent Inferior": The Rule Of Vanderpool V. Grange Insurance Association, 110 Wash. 2d 483, 756 P.2d 111 (1998)?, Karen P. Clark

Washington Law Review

At common law, the majority of states held that a tort claimant's release of either an employer whose sole liability was vicarious or the employee who had committed the tort operated to release the other. Washington follows this position for releases of an employee, but Vanderpool v. Grange Insurance Association announces a different rule for releases of an employer. This Note examines Vanderpool in view of relevant public policies, statutes, and prior case law and recommends adopting a rule that the release of a solvent employer operate to release its employee-tortfeasor.

What Shapes Perceptions Of The Federal Court System?, Theodore Eisenberg, Stewart J. Schwab

Cornell Law Faculty Publications

Two hundred years is a long time. It is too long after formation of a court system to ask such basic questions as (1) what cases occupy the system, and (2) whether even informed professionals have a reasonable picture of what goes on within the system. Nonetheless, continuing debate about the volume and makeup of litigation in general and of federal court litigation in particular requires legal scholars to address these questions. Professor Marc Galanter's work on the litigation explosion questions central assumptions about the nature and growth of the federal docket. Our prior work undermines widely held views about …

Punishing The Dead: Whether The Estates Of Dead Tortfeasors Should Be Responsible For Punitive Damages, Charles William Burton

University of Arkansas at Little Rock Law Review

No abstract provided.

Strict Liability For Defective Ideas In Publications, Andrew T. Bayman

Vanderbilt Law Review

In 1963 the Supreme Court of California revolutionized the law of torts by adopting the theory of strict liability in products liability cases.' The American Law Institute subsequently promulgated section 402A of the Restatement (Second) of Torts in 1965. Section 402A provides that the seller of a "product in a defective condition unreasonably dangerous" may be held liable even though he has "exercised all possible care."' Today, nearly every state has adopted some form of section 402A.' Moreover, the list of modern products to which section 402A applies is virtually limitless. Yet, despite the unprecedented expansion of strict liability into …

The Psychotherapist's Calamity: Emerging Trends In The Tarasof/ Doctrine, Steven Craig Bednar

BYU Law Review

No abstract provided.

Hegel And Modern Contract Theory: A Comment On Benson And Rosenfeld, Jay M. Feinman

Cardozo Law Review

No abstract provided.

The Metatheory Of Helegian Legal Theory, David A.J. Richards

Cardozo Law Review

No abstract provided.

Punitive Damages In Utah-Time For A Clear Standard, David J. Tuckfield

BYU Law Review

No abstract provided.

Shnitzer V. Chief Military Censor, Aharon Barak, Yaakov Melitz, Shulamit Wallenstein

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.] 

This petition concerns the decision by the First Respondent to prohibit, under its authority according to Regulation 87(1) of the Defense Regulations (State of Emergency) 1945, the publication of a newspaper article criticizing the functioning of the Director of the Institute for Intelligence and Special Operations (the “Mossad”,) while noting the upcoming change in Mossad directors. After submitting to the First Respondent different versions …

Torts, Eric S. Palles, Ann L. Gibson

Loyola University Chicago Law Journal

No abstract provided.

Compulsory Contribution Claims: Promoting Judicial Efficiency While Sacrificing Standards Of Justice, Brigitte M. Von Weiss

Loyola University Chicago Law Journal

No abstract provided.

Rowe V. State Bank Of Lombard: The Key To Unlocking A Landlord's Duty To Provide Security, 23 J. Marshall L. Rev. 131 (1989), Jeffrey Fowler

UIC Law Review

No abstract provided.

Federal Preemption Of Prescrption Drug Labeling: Antidote For Pharmaceutical Industry Overdosing On State Court Jury Decisions In Products Liability Cases, 22 J. Marshall L. Rev. 629 (1989), John F. Del Giorno

UIC Law Review

No abstract provided.

Punitive Damages: A Cat's Clavicle In Modern Civil Law, 22 J. Marshall L. Rev. 657 (1989), Kurt M. Zitzer

UIC Law Review

No abstract provided.

Continental Insurance Companies V. Northeastern Pharmaceutical & (And) Chemical Company: Cleanup Costs Are Not Damages Under A Standard Liability Policy, 22 J. Marshall L. Rev. 703 (1989), Michael J. Holt

UIC Law Review

No abstract provided.

Dralle V. Ruder: Did The Decision Close The Book On Recovery For Society And Companionship In Illinois Or Just Turn The Page, 22 J. Marshall L. Rev. 721 (1989), Frank I. Powers

UIC Law Review

No abstract provided.

Schlemmer V. Fireman's Fund Insurance Co.: A Case For Rethinking Arkansas' Choice-Of-Law Rule For Interstate Torts, L. Lynn Hogue

Faculty Publications By Year

No abstract provided.

Suing The Federal Government: Can The King Still Do No Wrong?, Kathleen Howard Meredith, Jennifer S. Pressman

University of Baltimore Law Review

No abstract provided.