Legal Studies Commons^™

An Ali Report Markets A Defective Product: Errors At Retail And Wholesale, Marshall S. Shapo

San Diego Law Review

This Article analyzes a chapter in the Reporters' Study on Enterprise Responsibility for Personal Injury, the chapter titled "Product Defects and Warnings." The author is highly critical of the Study, noting its lack of depth of historical focus, its failure to take existing doctrine with sufficient seriousness, and its deficiencies in both terminology and analysis. The author argues that the Study fails to give sufficient weight to competing points of view, and that it consistently fails to present specific and relevant applications. The author concludes that the Study itself is a defective product.

Comments On The Reporters' Study Of Enterprise Responsibility For Personal Injury, Jerry J. Phillips

San Diego Law Review

This Article critiques the substantive law and damage proposals of the Reporters' Study on Enterprise Liability, which was published in 1991 by the American Law Institute. Contrary to the Reporters' recommendations, the author proposes retaining the consumer expectations test and strict liability for product suppliers. He argues that it is not practical to shift medical malpractice liability, as proposed by the Study, from doctors to hospitals. In the area of damages, the author proposes retaining the rules of recovery for pain and suffering, punitive damages, and the collateral source rules essentially as they are now, instead of adopting the changes …

The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury: A Timely Call For Punitive Damages Reform, Victor E. Schwarz, Mark A. Behrens

San Diego Law Review

This Article focuses on the Reporters' Study on Enterprise Responsibility for Personal Injury, specifically the Reporters' recommendations for punitive damages reform. The Article discusses the Study's analysis of the need for punitive damages reform, with which the author agrees. The Article also discusses the Study's recommendations concerning reform of the standard by which punitive damages should be awarded, recommendations to set reasonable limits on the size of punitive damage awards, and the recommendation of a shield against punitive damages for products that comply with federal regulatory standards. The authors find that generally the recommendations are fair and reasonable. They believe …

Rejoinder: Advances In The Analysis, Marshall S. Shapo

San Diego Law Review

This brief Rejoinder addresses two levels of issues: broad questions involved in the effort to establish a critical overview of injury law and questions more precisely bound up with products liability law. The author lauds the Reporters' Study on Enterprise Responsibility for Personal Injury on its significant contribution to academic debate in this country, and for its openness to a competition of many divergent ideas in the context of organizational culture. Despite the problems that this author noted in his first Article in this symposium, he recognizes the achievement of the Study, and the genuine advance that it provides in …

The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury: Reforming The Tort System

San Diego Law Review

In 1986 a number of prominent legal scholars embarked upon a project commissioned by the American Law Institute to re-examine contemporary tort and personal injury law. Five years later, the results of this project came to fruition in a two-volume study entitled Reporters' Study on Enterprise Responsibility for Personal Injury. After a year's debate within the American Law Institute about the broad range of issues canvassed by the Study, the Institute's Executive Council endorsed the value of the Study for deliberations about tort reform going on in both legislative and judicial forums. This is the introductory chapter of each volume …

Depreciation Of Intangibles: An Area Of The Tax Law In Need Of Change, Allen Walburn

San Diego Law Review

Under tax law in 1993, depreciation of many purchased intangibles was denied on the theory that they have an unlimited, or at least indeterminate life. However, many taxpayers challenged this theory on the ground that intangibles are subject to wear and tear like any other asset. This Comment argues that the imprecise factual nature of this issue has led to unnecessary complexity and uncertainty, a great burden on the courts, and unfair treatment of taxpayers. The Comment analyzes justifications for the depreciation of goodwill and other intangibles in the nature of goodwill. It examines possible solutions to these problems with …

Who Pays In The End For Injury Compensation - Reflections On Wealth Transfers From The Innocent, Alfred F. Conard

San Diego Law Review

This Article recognizes that the people who actually pay for tort judgments are generally not the wrongdoers, but the enterprises that have employed or insured the tortfeasors, or purveyed the faulty products. The enterprises then recover their expenditures by charging higher prices to their consumers, or by reducing the benefits that they confer on investors, workers, and the general public. The consumers, the workers, the public, and the investors are the innocent human beings who contribute to paying for tort judgments. This Article addresses what kinds of losses justify forcing the innocent to contribute, and suggests reforms that seem to …

A Lost Opportunity: A Review Of The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury, Jeffrey O'Connell, Chad M. Oldfather

San Diego Law Review

This is a critical analysis of the Reporters' Study on Enterprise Responsibility for Personal Injury. Although recognizing that the Study is comprehensive and well researched, the authors express disappointment at the lack of vision contained in the Study. They find that the authors of the Study failed to find their way out of the maze of the tort system, and in exploring so many nooks and crannies they become lost in the details, rather than looking at the big picture. The authors of this Article provide a brief overview of the Study, and proceed with analysis. They conclude that the …

The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury: Perspectives On The Tort System And The Liability Crisis

San Diego Law Review

In 1986 a number of prominent legal scholars embarked upon a project commissioned by the American Law Institute to re-examine contemporary tort and personal injury law. Five years later, the results of this project came to fruition in a two-volume study entitled Reporters' Study on Enterprise Responsibility for Personal Injury. After a year's debate within the American Law Institute about the broad range of issues canvassed by the Study, the Institute's Executive Council endorsed the value of the Study for deliberations about tort reform going on in both legislative and judicial forums. This is the introductory chapter of each volume …

Play Fair With Punishment, Richard Dagger

Political Science Faculty Publications

If we want to provide a justification for legal punishment, then, we must answer two distinct questions: (1) What justifies punishment as a social practice? and (2) What justifies punishing particular persons? The principle of fair play is an especially attractive theory of punishment, I shall agree, because it offers plausible and compelling answers to both these questions. I shall also suggest that there is a third question - How should we punish those who commit crimes? - that fair play cannot answer without help from other sources.

Divisionews (Spring 1993/ Vol. 7, No. 1), American Society Of Criminology Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.

The Dwc News (Spring, 1993/ Volume 7, Number 1), American Society Of Criminology. Division On Women And Crime, Waveland Press Inc

Division on Women and Crime Documents and Correspondence

No abstract provided.

Regulation Of Physician Self-Referral Arrangements: Is Prohibition The Answer Or Has Congress Operated On The Wrong Patient, Christian D. Humphreys

San Diego Law Review

Rapidly increasing health care costs have created a national crisis. Perceiving physician referral behavior as the principal cause, Congress and several state legislatures have prohibited certain referrals. This Comment analyzes the data that spawned such legislation and critiques prohibition of referrals as a solution to the crisis. The Comment asserts that the prohibition remedy is overly broad and largely ineffective. The author recommends a more farsighted solution, such as the creation of a prepaid physician compensation system. The author argues that such a system would minimize the incentive to make unnecessary referrals while simultaneously reducing the level of health care …

County Welfare Department Liability For Handling Reports Of Child Abuse, Kim Boyer

San Diego Law Review

When a social worker receives a complaint of child abuse and determines that the situation is non-urgent, should the county welfare department be held liable for subsequent injury to the child? This Comment analyzes the four contexts in which a special relationship with a county welfare department may arise and concludes that a duty of care should not be imposed upon county welfare departments in these situations. The author concludes that if the social worker reasonably determines that the situation was non-urgent, the county welfare department should not be held liable. Alternatively, even if a duty of care is imposed, …

Ten Reasons To Attend Law School, C. Steven Bradford

Nebraska College of Law: Faculty Publications

Each year, approximately 1.5 billion otherwise sane college graduates enter law school. (This figure includes at least 350 students a year in countries other than the United States. ) These new law students come from all walks of life-laid-off brokers, laid-off autoworkers, unemployed M.B.A.s, disillusioned public school teachers, political science majors, political science majors, and more political science majors. Three years later, they emerge-the best and brightest nonproductive professionals that any struggling debtor nation has ever produced, the core of America's hopes for the twenty-first century.

Why do they do it? What is it about law school that attracts so …

What Happens If Roe Is Overruled? Extraterritorial Regulation Of Abortion By The States, C. Steven Bradford

Nebraska College of Law: Faculty Publications

Since 1973, states have effectively been prohibited from regulating most abortions. As every lawyer, law student, and almost every other American adult knows, the United States Supreme Court held in Roe v. Wade that a woman has a constitutional right to have an abortion. It is also common knowledge that in recent years the Supreme Court has been slowly restricting, or refusing to extend, that right.

The future of Roe v. Wade is uncertain, particularly after the Supreme Court's most recent abortion decision, Planned Parenthood v. Casey. The actual restrictions on abortion upheld in Casey are less important than the …

Justification Defenses And Just Convictions, Robert F. Schopp

Nebraska College of Law: Faculty Publications

The fully competent, culpable, and malevolent Spike azttacks Mother Beneficence with a tire iron in order to steal the alms she has collected for the poor. Mother Beneficence defends herself by kicking Spike in the shins, and Dudley Doright rushes to her rescue, punching Spike in the nose, knocking him to the ground, and holding him until the police arrive. Dudley acts solely for the purposes of preventing harm to Mother Beneficence and bringing Spike to justice.

Both Mother Beneficence and Dudley fulfill the offense elements for assault in that they purposely cause bodily injury to another human being. Most …

International Human Rights, Morality In War, And The Structure Of Rights, Edward C. O'Dowd, Robert F. Schopp

Nebraska College of Law: Faculty Publications

A careful analysis of certain issues of morality in war demonstrates important differences in the duties recognized by Western and Chinese military) officers toward their soldiers. These differences reflect fundamentally different theories of social morality in the societies these officers represent. Although Western countries and China have endorsed a common set of internationally recognized human rights, a meaningful consensus regarding human rights must remain consistent across three levels of analysis. The putative contemporary) consensus among Chinese and liberal societies fails because the fundamental differences in underlying principles of social morality that give rise to divergent principles of morality in war …

Law, Order, And The Consent Defense, Keith M. Harrison

Law Faculty Scholarship

[Excerpt] Among the benefits that we gain on leaving the state of nature and joining together in a "civilized society" is some amount of added protection of our individual possessions and person. Among our losses is the ability to plunder, at will, the possessions and bodies of those who are weaker than we are. These two statements are generally, but not absolutely, true. I propose that one hallmark of civilization is the security of everyone who lives under its authority that they are free from the unwanted interferences of others with their personal integrity and property rights.' One way to …

Telecommuting, Is It Part Of The Future For The Upland Police Department?, Rodney John Lines

Theses Digitization Project

No abstract provided.

Gang-Related Crimes And The Associated Financial Costs For The Cities Of San Jacinto, Perris, Hemet, Moreno Valley, And Riverside, Jacqueline Renee Van Sickle

Theses Digitization Project

No abstract provided.

Law Enforcement Officers Killed And Assaulted, 1960-1987: A Descriptive Analysis, Thomas Edward Singer

Theses Digitization Project

No abstract provided.

Fifth Amendment--Substantial Exculpatory Evidence, Prosecutorial Misconduct And Grand Jury Proceedings: A Broadening Of Prosecutorial Discretion, Gregory W. Bowman

Journal of Criminal Law and Criminology

No abstract provided.

Effects Of Lineup Modality On Witness Credibility, Hunter A. Mcallister, Robert H.I. Dale, Cynthia E. Keay

Scholarship and Professional Work - LAS

Three experiments were conducted to explore the credibility of earwitness versus eyewitness testimony among American college students. Experiment 1 demonstrated that subjects were less likely to identify the perpetrator of a simulated crime in auditory lineups than in visual or auditory-visual lineups. In Experiment 2, subjects observed a videotaped witness from Experiment 1 make an identification. Contrary to actual accuracy data, subjects were as believing of the identifications made by auditory witnesses as they were of the identifications made by visual or auditory-visual witnesses. In Experiment 3, mock jurors in a simulated robbery trial believed auditory lineup identifications as much …

When Eyewitnesses Are Also Earwitnesses: Effects On Visual And Voice Identifications, Hunter A. Mcallister, Robert H.I. Dale, Norman J. Bregman, Allyssa Mccabe, C. Randy Cotton

Scholarship and Professional Work - LAS

In Experiment 1, subjects witnessed a mock crime either visually or both auditorily and visually. A visual lineup was conducted with either a guilty or an innocent suspect present. Identification accuracy of visual-only versus auditory-visual witnessed did not differ, although the diagnosticity ratio for the visual-only condition was more than twice as large. Thus, there was only limited support for auditory information interfering with encoding visual information. In Experiment 2, subjects witnessed a mock crime either auditorily or both auditorily and visually. A voice lineup was conducted with either a guilty or an innocent suspect present. Consistent with Yarmey’s (1986) …

Habeas Corpus: Unresolved Standard Of Review On Mixed Questions For State Prisoners, James Basta

Journal of Criminal Law and Criminology

No abstract provided.

Why Do Jury Research?, Richard O. Lempert

Book Chapters

Inside the Juror presents the most interesting and sophisticated work to date on juror decision making from several traditions - social psychology, behavioural decision theory, cognitive psychology, and behavioural modeling. The authors grapple with crucial questions, such as: why do jurors who hear the same evidence and arguments in the courtroom enter the jury room with disagreements about the proper verdict? how do biases and prejudices affect jurors' decisions? and just how 'rational' is the typical juror? As an introduction to the scientific study of juror decision making in criminal trials, Inside the Juror provides a comprehensive and understandable summary …

Getting To Know: Honoring Women In Law And In Fact, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

1993 General Correspondence Letters Between Dwc Chairs And Members Of The Executive Board, Committees And Task Forces, Amy Auerbacher Wilson, Lynne Goodstein, Drew Humphries, Jim Hackler, Kathleen Daly, Joan Petersilia, American Society Of Criminology Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.

October 1993 Sexual Harassment Task Force Report, American Society Of Criminology. Division On Women And Crime, Nancy Wonders

Division on Women and Crime Documents and Correspondence

No abstract provided.