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Articles 121 - 137 of 137
Full-Text Articles in Torts
Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan
Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan
Faculty Publications
What is the role of contract law in remedying breach? The question of the appropriate legal remedy, specific performance versus money damages, has provided adequate fodder for three decades of debate in the law and economics discourse. In the legal discipline at large, the topic has spurred centuries of debate, as illustrated by Oliver Wendell Holmes's famous line: “The only universal consequence of a legally binding promise is, that the law makes the promisor pay damages if the promised event does not come to pass.” Holmes's approach to contractual remedy would evolve during the latter half of the twentieth century …
In Praise Of The Treatise Writer: Law's Special Knowledge, Ellen M. Bublick
In Praise Of The Treatise Writer: Law's Special Knowledge, Ellen M. Bublick
Seattle University Law Review
Dobbs, the author of the foremost treatise on tort law, and Hayden, the author of a number of thought provoking articles, have written a book with a clear structure—one that carefully and methodically elucidates the doctrinal framework of state tort law. The book also addresses problems in tort theory and practice and outlines major supplements and alternatives to existing tort remedies.
Teaching Torts By Integrating Ethical, Skills, Policy And Real-World Issues, And Using Varied Pedagogical Techniques: Reflections On Using The Henderson, Pearson And Siliciano Casebook, Lynn M. Daggett
Seattle University Law Review
In brief, the Henderson, Pearson, and Siliciano casebook includes materials on ethics, problems and other skill-based activities, a diverse set of ideological perspectives presented in a non-preachy way, and addresses numerous real-world issues and concerns. The casebook also lends itself to the variety of teaching and active learning methods I employ in my Torts classes.
A "Clanging Silence": Same-Sex Couples And Tort Law, John G. Culhane
A "Clanging Silence": Same-Sex Couples And Tort Law, John G. Culhane
Kentucky Law Journal
No abstract provided.
A Somewhat Modest Proposal To Prevent Adultery And Save Families: Two Old Torts Looking For A New Career, William R. Corbett
A Somewhat Modest Proposal To Prevent Adultery And Save Families: Two Old Torts Looking For A New Career, William R. Corbett
Journal Articles
No abstract provided.
Does Ethics Make Good Law? A Case Study, Jeff Storey
Does Ethics Make Good Law? A Case Study, Jeff Storey
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Torts Teaching: From Basic Training To Legal-Process Theory: Dominick Vetri, "Tort Law And Practice", Joseph A. Page
Torts Teaching: From Basic Training To Legal-Process Theory: Dominick Vetri, "Tort Law And Practice", Joseph A. Page
Georgetown Law Faculty Publications and Other Works
It was in the course of my meanderings through the torts-casebook landscape that I came upon Professor Dominick Vetri's entry in the field. The quality that first attracted me was the way it fashioned a user-friendly introduction to the study of law, to the uniqueness of the common law, and to the centrality of process. The book demonstrated an unusual sensitivity to the bewilderment of beginners and made a special effort to anticipate their needs and concerns. Yet what made Vetri's approach particularly intriguing was that it managed to play not only to nervous neophytes, but also to students in …
Jurors, Judges, And The Mistreatment Of Risk By The Courts, W. Kip Viscusi
Jurors, Judges, And The Mistreatment Of Risk By The Courts, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
A sample of almost 500 jury-eligible citizens considered a series of experimental situations involving accidents. The juror sample did not properly apply negligence rules, as their errors were particularly great for low-probability, large-loss cases. They also penalized corporations for undertaking corporate risk analyses that seek to trade off cost versus risk reduction benefits. Jurors' damages assessments were also more prone to error than were responses by a sample of state judges. Judges were less prone to erroneous risk beliefs and less subject to the zero-risk mentality.
Easements On Tribal Sovereignty, Todd Miller
Easements On Tribal Sovereignty, Todd Miller
American Indian Law Review
No abstract provided.
Litigation Governance: A Gentle Critique Of The Third Circuit Task Force Report, John C. Coffee Jr.
Litigation Governance: A Gentle Critique Of The Third Circuit Task Force Report, John C. Coffee Jr.
Faculty Scholarship
The Third Circuit Task Force on the Selection of Class Counsel (the "Task Force") has worked hard, considered everything, and exhaustively summarized the problems associated with class counsel auctions. Its views will undoubtedly resonate with most of the Bench and the vast majority of the Bar-neither of whom were enthusiastic about the prospect of auctions in the first place. Personally, I agree with the Task Force that auctions are not the most promising reform and that they may exacerbate, rather than correct, existing problems. Still, what is missing from the Task Force Report is the candid recognition that the agency …
Toward Supranational Copyright Law? The Wto Panel Decision And The "Three-Step Test" For Copyright Exceptions, Jane C. Ginsburg
Toward Supranational Copyright Law? The Wto Panel Decision And The "Three-Step Test" For Copyright Exceptions, Jane C. Ginsburg
Faculty Scholarship
A dispute resolution panel of the World Trade Organization in June 2000 held the United States in contravention of its obligation under art. 13 of the TRIPs accord to "confine limitations or exceptions to exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder." In the dispute resolution proceeding, initiated by the European Union at the behest of the Irish performing rights organization, the contested exception, enacted in the 1998 "Digital Millennium Copyright Act," exempted a broad range of retail and …
Flying The Overly Friendly Skies: Expanding The Definition Of An Accident Under The Warsaw Convention To Include Co-Passenger Sexual Assaults, Davis L. Wright
Flying The Overly Friendly Skies: Expanding The Definition Of An Accident Under The Warsaw Convention To Include Co-Passenger Sexual Assaults, Davis L. Wright
Villanova Law Review (1956 - )
No abstract provided.
Lawyers' Ethics And Fiduciary Obligation In The Brave New World Of Aggregative Litigation, Lester Brickman
Lawyers' Ethics And Fiduciary Obligation In The Brave New World Of Aggregative Litigation, Lester Brickman
Articles
Over the past several decades and at a quickening pace, we have seen the rise of the mass tort phenomenon. The term mass tort refers to an allegation of injury by large numbers of persons due to a calamity or exposure to defectively produced foods, drugs, products implanted in the body, or improperly designed or constructed vehicles, other products, materials or structures, which is sought to be redressed by combining (aggregating) large numbers of claims sharing like issues of fact and law into a litigation against one or more defendants using such structural aggregative methods as class actions, consolidations, and …
Coverage For Unfair Competition Torts Under General Liability Policies: Will The "Intellectual Property" Tail Wag The Coverage Dog?, Francis J. Mootz Iii
Coverage For Unfair Competition Torts Under General Liability Policies: Will The "Intellectual Property" Tail Wag The Coverage Dog?, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
Turning Section 1983'S Protection Of Civil Rights Into An Attractive Nuisance: Extra-Textual Barriers To Municipal Liability Under Monell, Brian J. Serr
Georgia Law Review
This essay addresses the problem of "Making Government Pay" from a different perspective than Professor Levinson's article.1 Instead of focusing on social and economic barriers to deterrence and corrective justice, this essay will focus on the arbitrary legal barriers that the Supreme Court has placed between a constitutionally injured citizen and the municipal treasury. These legal barriers are more fairly attributable to the Supreme Court than to Congress because the barriers to establishing municipal liability under the Court's § 1983 jurisprudence are hardly self-evident from the statutory text of § 1983, nor are those barriers readily inferrable from that text. …
Afterword, Marshall S. Shapo
Afterword, Marshall S. Shapo
Georgia Law Review
It is a great pleasure to comment on these papers on a subject that has fascinated me since the beginning of my teaching career. My observations will no doubt reflect the roots of my thinking in an article I wrote on the subject in 1965' and other early publications, and, doubtless, my relative ignorance of the immense amount of case law that has flowed from courts since the mid-sixties. However, informed by a little independent study and refreshed by the commentaries, I venture a few somewhat angular thoughts. They do not" in any way pretend to be exhaustive with respect …
Corrective Justice And Constitutional Torts, Bernard P. Dauenhauer, Michael L. Wells
Corrective Justice And Constitutional Torts, Bernard P. Dauenhauer, Michael L. Wells
Georgia Law Review
Tort liability in the private realm may be understood both as "an instrument aimed... at deterrence... [and] a way of achieving corrective justice between the parties."' Following the common law model, the Supreme Court has borrowed this normative framework for constitutional torts, ruling that the aims of liability for damages are to vindicate constitutional rights and to deter constitutional violations. A recent article by Daryl Levinson takes issue vith this approach. Levinson argues that the superficial similarities between public torts and private torts conceal real differences, to which neither the Court nor scholars have paid adequate attention. The main point …