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Torts Commons™

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2001

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Institution
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Articles 1 - 30 of 137

Full-Text Articles in Torts

Once More Into The Bramble Bush: Duty, Causal Contribution, And The Extent Of Legal Responsibility, In Symposium, The John W. Wade Conference On The Third Restatement Of Torts, Richard W. Wright Dec 2001

Once More Into The Bramble Bush: Duty, Causal Contribution, And The Extent Of Legal Responsibility, In Symposium, The John W. Wade Conference On The Third Restatement Of Torts, Richard W. Wright

All Faculty Scholarship

Courts, lawyers, law students, and academics continue to confuse the empirical issue of causal contribution with the distinct normative issues of tortious conduct and legal injury, which precede and frame the causal-contribution inquiry, and the normative issue of the extent of legal responsibility for tortiously caused consequences, which follows the causal-contribution inquiry. In a number of prior articles, I have tried to distinguish and clarify these various issues, which arise not only in tort law, but also in much the same form in criminal law and many other areas of the law. I have focused primarily on distinguishing and clarifying …

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Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan Dec 2001

Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan

Faculty Publications By Year

No abstract provided.

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Will Big Tobacco Seek Bankruptcy Protection? A $145 Billion Verdict Poses The Question, Mark Gottlieb, Richard A. Daynard Dec 2001

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.

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Lessons Learned From Flint, Michigan: Managing Multiple Source Pollution In Urban Communities, Emily L. Dawson Dec 2001

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.

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Lawyers' Ethics And Fiduciary Obligation In The Brave New World Of Aggregative Litigation, Lester Brickman Dec 2001

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.

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No-Fault Remediation Of Mtbe, Daniel Velez Dec 2001

No-Fault Remediation Of Mtbe, Daniel Velez

William & Mary Environmental Law and Policy Review

No abstract provided.

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Punitive Damages: Toward Torah-Based Tort Reform, Elliot Klayman, Seth Klayman Nov 2001

Punitive Damages: Toward Torah-Based Tort Reform, Elliot Klayman, Seth Klayman

Cardozo Law Review

No abstract provided.

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The Role Of Causation In Science As Law And Proposed Changes In The Current Common Law Toxic Tort System, Clifford Fisher Oct 2001

The Role Of Causation In Science As Law And Proposed Changes In The Current Common Law Toxic Tort System, Clifford Fisher

Buffalo Environmental Law Journal

No abstract provided.

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The Eggshell Skull Rule And Related Problems In Recovery For Mental Harm In The Law Of Torts, Dr. J. Stanley Mcquade Oct 2001

The Eggshell Skull Rule And Related Problems In Recovery For Mental Harm In The Law Of Torts, Dr. J. Stanley Mcquade

Campbell Law Review

The theme of this article is the place, actual and proposed, of the "thin skull" rule in relation to mental harm.

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Optimal Delegation And Decoupling In The Design Of Liability Rules, Ian M. Ayres, Paul M. Goldbart Oct 2001

Optimal Delegation And Decoupling In The Design Of Liability Rules, Ian M. Ayres, Paul M. Goldbart

Michigan Law Review

Calabresi and Melamed began a scholarly revolution by showing that legal entitlements have two readily distinguishable forms of protection: property rules and liability rules. These two archetypal forms protect an entitlement holder's interest in markedly different ways - via deterrence or compensation. Property rules protect entitlements by trying to deter others from taking. Liability rules, on the other hand, protect entitlements not by deterring but by trying to compensate the victim of nonconsensual takings. Accordingly, the compensatory impetus behind liability rules focuses on the takee's welfare - making sure the sanction is sufficient to compensate the takee. The deterrent impetus …

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Tort Recovery For Loss Of A Chance, David A. Fischer Oct 2001

Tort Recovery For Loss Of A Chance, David A. Fischer

Faculty Publications

Tort lawyers in the United States often think of “loss of a chance” as a theory of “probabilistic causation” that only applies to medical malpractice misdiagnosis cases. The theory is that if a physician negligently fails to diagnose a curable disease, and the patient is harmed by the disease, the physician should be liable for causing the “loss of a chance” of a cure. We shall see that if the chance of a cure is less than 50 percent, the plaintiff cannot prove by a preponderance of evidence that the negligence caused the harm, and would recover no damages under …

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Holding Tortfeasors Accountable: Apportionment Of Enhanced Injuries Under Washington's Comparative Fault Scheme, Ryan P. Harkins Oct 2001

Holding Tortfeasors Accountable: Apportionment Of Enhanced Injuries Under Washington's Comparative Fault Scheme, Ryan P. Harkins

Washington Law Review

The enhanced-injury doctrine imposes a negligence-based duty to reasonably minimize the foreseeable risk of injury enhancement in the event of primary accidents, regardless of their cause. When apportioning responsibility for enhanced injuries under principles of comparative fault, a majority of courts outside of Washington use a plaintiffs fault in causing the primary accident to reduce recovery for enhanced injuries. A minority of courts, however, rule that because the enhanced-injury doctrine presupposes the occurrence of primary accidents, primary fault is legally irrelevant to apportionment of enhanced injuries. Washington courts have not addressed this issue. This Comment argues that Washington courts should …

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Trade Secrets, Non-Competes, And Unfair Competition, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Oct 2001

Trade Secrets, Non-Competes, And Unfair Competition, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Trade Secrets, Non-Competes, and Unfair Competition held by UK/CLE in October 2001.

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Forum Allocation In Toxic Tort Cases: Lessons From The Tobacco Litigation And Other Recent Developements, Mark C. Weber Oct 2001

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.

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The End Of The Defendant Advantage In Tobacco Litigation, Howard M. Erichson Oct 2001

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

William & Mary Environmental Law and Policy Review

No abstract provided.

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

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.

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Proposal For Linking Culpability And Causation To Ensure Corporate Accountability For Toxic Risks, Thomas O. Mcgarity Oct 2001

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.

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Tortious Toxics, Lisa Heinzerling, Cameron Powers Hoffman Oct 2001

Tortious Toxics, Lisa Heinzerling, Cameron Powers Hoffman

William & Mary Environmental Law and Policy Review

No abstract provided.

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The Externality Of Victim Care, Alan J. Meese Oct 2001

The Externality Of Victim Care, Alan J. Meese

Faculty Publications

No abstract provided.

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Tort Law—Spoliators Beware, But Fear Not An Independent Civil Suit. Goff V. Harold Ives Trucking Co., 342 Ark. 143, 27 S.W.3d 387 (2000)., Margaret A. Egan Oct 2001

Tort Law—Spoliators Beware, But Fear Not An Independent Civil Suit. Goff V. Harold Ives Trucking Co., 342 Ark. 143, 27 S.W.3d 387 (2000)., Margaret A. Egan

University of Arkansas at Little Rock Law Review

No abstract provided.

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Drug Designs Are Different, James A. Henderson Jr., Aaron Twerski Oct 2001

Drug Designs Are Different, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

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Revisiting The Taxation Of Punitive Damages, Gregg D. Polsky, Dan Markel Sep 2001

Revisiting The Taxation Of Punitive Damages, Gregg D. Polsky, Dan Markel

Scholarly Works

In our recent article, Taxing Punitive Damages, available at http://ssrn.com/abstract=1421879, we argued (1) that plaintiffs in punitive damages cases should be allowed to introduce to the jury evidence regarding the deductibility of those damages by defendants, and (2) that this jury tax-awareness approach is better than the Obama Administration’s suggested alternative of disallowing those deductions.

To our delight, Professor Larry Zelenak and Paul Mogin have each provided published comments to our piece on Virginia Law Review's In Brief companion website. Professor Zelenak’s thoughtful response focuses on our prescriptive claim that jury tax-awareness is better than nondeductibility, while Mr. Mogin disputes …

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Intentional Infliction Of Emotional Distress In Divorce: New York's Reluctance To Enter The Fray, Gwen Seaquist, Eileen Kelly Sep 2001

Intentional Infliction Of Emotional Distress In Divorce: New York's Reluctance To Enter The Fray, Gwen Seaquist, Eileen Kelly

Buffalo Women's Law Journal

No abstract provided.

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Amar V. Yoseph, Aharon Barak, Theodor Or, Shlomo Levin Aug 2001

Amar V. Yoseph, Aharon Barak, Theodor Or, Shlomo Levin

Translated Opinions

Facts: The appellants are a couple who had a baby girl born whom they did not take home from the hospital. She was born with birth defects. The respondents were involved in the publication of two articles on the matter of the girl. In one article details of her birth were given and it was written that she was abandoned by her parents. It was written in the subtitle of the article that the mother of the baby is a drug addict. In the other article the birth defects of the daughter and the abandonment were published. The appellants sued …

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Wallace V. Egged, Eliezer Rivlin, Aharon Barak, Jacob Turkel Aug 2001

Wallace V. Egged, Eliezer Rivlin, Aharon Barak, Jacob Turkel

Translated Opinions

Facts: On August 30, 1995, while the appellant was waiting for a bus at an Egged bus station, the respondent no. 2 and his friends beat up the appellant. Passersby came to the appellant’s aid but he suffered serious injuries and required hospitalization. Respondent no. 2 was convicted in the Magistrates Court in Jerusalem of an offense according to section 380 of the Penal Law 5737-1977. The appellant filed a lawsuit against Egged and respondent no. 2 for damages, claiming against Egged negligence and breach of a statutory duty. The Magistrates Court summarily dismissed the appellant’s lawsuit for failure to …

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Liability For Increased Risk Of Harm: A Lawyer's Response To Professor Shafer, Melanie B. Leslie Jul 2001

Liability For Increased Risk Of Harm: A Lawyer's Response To Professor Shafer, Melanie B. Leslie

Cardozo Law Review

No abstract provided.

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Teaching Torts Without Insurance: A Second-Best Solution, David A. Fischer, Robert H. Jerry Ii Jul 2001

Teaching Torts Without Insurance: A Second-Best Solution, David A. Fischer, Robert H. Jerry Ii

Faculty Publications

Teachers, scholars and practitioners have long appreciated the symbiotic relationship of torts and insurance. Indeed, the assertion that tort law and insurance law are intertwined is utterly unremarkable; many commentators have observed that tort law cannot be understood if the business of insurance and the law regulating it is ignored, and that insurance law cannot be understood if tort law is ignored. Several generations of law students have read casebooks, which in varying degrees pay homage to the connections between torts and insurance. Many law review articles and noteworthy books (or portions thereof) have plumbed the tort-insurance relationship. Although one …

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Teaching Torts Without Insurance: A Second-Best Solution, David A. Fischer, Robert H. Jerry Ii Jul 2001

Teaching Torts Without Insurance: A Second-Best Solution, David A. Fischer, Robert H. Jerry Ii

UF Law Faculty Publications

Teachers, scholars and practitioners have long appreciated the symbiotic relationship of torts and insurance. The authors examine how the study of torts is enriched when insurance concepts play a role in students' analysis. The discussion is divided into two parts. Part I offers a "macro" perspective on the connections between tort and insurance, summarizing the principal issues in play when the purposes of tort law are analyzed against the backdrop of first-party and third-party insurance compensation mechanisms. Part II provides a "micro" perspective on tort-insurance connections, taking a sample of discrete tort law principles, representative of those discussed in a …

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Damages To Deter Police Shootings, W. Kip Viscusi, S. Jeffrey Jul 2001

Damages To Deter Police Shootings, W. Kip Viscusi, S. Jeffrey

Vanderbilt Law School Faculty Publications

Many fatal shootings by police are not warranted. These shootings impose losses on the victims and their families and reflect the failure of existing administrative and legal restraints to deter these unwarranted shootings. This Article proposes a revamping of existing incentives to both provide more adequate compensation to the victims' families and to establish levels of deterrence that are sufficient to curtail unjust fatalities. There are legal criteria for what level of force is "reasonable," but determining reasonableness in practice may be difficult. Practical guidance such as the "21-foot rule" for the threat to warrant a shooting is often problematic. …

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Apportioning Tort Damages In New York: A Method To The Madness, Paul F. Kirgis Jul 2001

Apportioning Tort Damages In New York: A Method To The Madness, Paul F. Kirgis

Faculty Law Review Articles

This Article proposes a unified formula for calculating damages in complex, multiparty tort cases. While the formula is my own, it incorporates the available case law and rests on the judgments of New York's most prominent civil practice scholars where no judicial guidance exists. Perhaps the most convincing claim to legitimacy I can offer, however, is the fact that my methodology produces results consistent with the principles motivating the statutory provisions at issue.

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