The Business Of Suing: Determining When A Professional Plaintiff Should Have Standing To Bring A Private Enforcement Action,
2010
William & Mary Law School
The Business Of Suing: Determining When A Professional Plaintiff Should Have Standing To Bring A Private Enforcement Action, Brandon Murrill
William & Mary Law Review
No abstract provided.
Epstein's Razor,
2010
University of South Carolina - Columbia
Epstein's Razor, David G. Owen
Faculty Publications
Richard Epstein, over a long and distinguished career, has offered inspired insights into how a legal system should be framed to serve the goals of those it governs. In that pursuit, he has relentlessly applied a sharp logic - call it Epstein's Razor - to shave away the detritus of complexity and confusion that surround perplexing problems, leaving standing only truths unscathed by competition among ideas. Over decades of diverse writings on law and political theory, highlighted by his elegant Simple Rules for a Complex World, Professor Epstein offers a vision of law constructed on the view that simplicity in …
Reaching Equilibrium In Tobacco Litigation,
2010
Cornell Law School
Reaching Equilibrium In Tobacco Litigation, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
Recent pro-plaintiff developments in tobacco litigation may lead to the conclusion that such litigation will go on endlessly and threaten the financial viability of the tobacco industry. This article takes the opposite position. Although the industry may take some near-term losses, it is far more likely that tobacco companies will survive short-term losses and that tobacco litigation will reach a stable equilibrium within the next fifteen to twenty years. The threat of third-party payer claims is no longer viable. Courts have unanimously rejected them. With the exception of cases pending in Florida and West Virginia, there are few individual personal …
Distributive Justice Through Tort (And Why Sociolegal Scholars Should Care),
2010
Brooklyn Law School
Distributive Justice Through Tort (And Why Sociolegal Scholars Should Care), Anita Bernstein
Faculty Scholarship
No abstract provided.
The Monster In The Television: The Media's Contribution To The Consumer Litigation Boogeyman,
2010
Golden Gate University School of Law
The Monster In The Television: The Media's Contribution To The Consumer Litigation Boogeyman, Kimberlianne Podlas
Golden Gate University Law Review
This Article investigates and quantifies television's, specifically syndi-court's, function as a messenger of norms regarding litigation and litigiousness. After acknowledging the pervasiveness of litigation anxiety within the business world, the Article outlines deleterious effect of that anxiety on litigation management. It is suggested that restricting litigation management to traditional models of rational analysis - models that ignore the individual rationality of consumer plaintiffs - fails to achieve the goal of accurately assessing litigation risk.
The Civil Action For Breach Of Statutory Duty In The Common Law World,
2010
University of Newcastle, NSW, Australia
The Civil Action For Breach Of Statutory Duty In The Common Law World, Neil J. Foster
Neil J Foster
The tort action for Breach of Statutory Duty provides an intersection between the goals of private law and ‘public’ goals as determined by legislation. But the question as to when, in what circumstances, and why, a civil action should be available to a claimant whose statutory rights have been breached continues to be agitated. This paper argues that the tort, far from deserving the accusations of incoherence and unpredictability sometimes levelled at it in the common law world, has a respectable and coherent history and justification within the common law of torts. There are reasons for doubting whether it should …
How Many Times Must The Question Be Answered? The Application Of The Learned Intermediary Doctrine In The Norplant Contraceptive Products Liability Litigation,
2010
Golden Gate University School of Law
How Many Times Must The Question Be Answered? The Application Of The Learned Intermediary Doctrine In The Norplant Contraceptive Products Liability Litigation, Stacey Leffler Ravetta
Golden Gate University Law Review
This Note begins with a general discussion of failure to warn causes of action and the application of the learned intermediary doctrine thereto. Further, Part II discusses cases essential to understanding the background of the Norplant Litigation. Next, Parts III and IV explain the facts and procedural history underlying the Norplant Litigation. Part V first examines the federal district court's analysis of the case. It then discusses the Fifth Circuit's analysis of the federal district court's summary judgment ruling in AHP's favor. Part VI examines the federal district court's pivotal decision to apply the learned intermediary doctrine to the plaintiffs' …
Superando Los Sesgos Cognitivos A Través Del Derecho: Breve Análisis Del Derecho Contractual Y La Responsabilidad Extracontractual,
2010
Pontificia Universidad Católica del Perú
Superando Los Sesgos Cognitivos A Través Del Derecho: Breve Análisis Del Derecho Contractual Y La Responsabilidad Extracontractual, Renzo E. Saavedra Velazco
Renzo E. Saavedra Velazco
En la presente ponencia se expuso brevemente el itinerario recorrido en la aplicación de perspectivas funcionales (sobre todo las económicas y cognitivas) al Derecho. Para ello se tomaron algunos de los sesgos que se han identificado en la toma de decisiones y en el procesamiento de información a fin de evidenciar las potencialidades del empleo del Derecho para su superación o adaptación.
Taxing Punitive Damages,
2010
University of Georgia School of Law
Taxing Punitive Damages, Gregg D. Polsky, Dan Markel
Scholarly Works
There is a curious anomaly in the law of punitive damages. Jurors assess punitive damages in the amount that they believe will best “punish” the defendant. But, in fact, defendants are not always punished to the degree that the jury intends. Under the Internal Revenue Code, punitive damages paid by business defendants are tax deductible and, as a result, these defendants often pay (in real dollars) far less than the jury believes they deserve to pay.
To solve this problem of under-punishment, many scholars and policymakers, including President Obama, have proposed making punitive damages nondeductible in all cases. In our …
Incorporación Del Interés Creditorio En La Cláusula Penal: Un Análisis Desde El Comparative Law And Economics,
2010
Pontificia Universidad Católica del Perú
Incorporación Del Interés Creditorio En La Cláusula Penal: Un Análisis Desde El Comparative Law And Economics, Renzo E. Saavedra Velazco
Renzo E. Saavedra Velazco
En la presente nota abordamos como es posible incorporar el interés creditorio en un contrato a través del empleo de una cláusula penal. En efecto, la penalidad se ha visto como un mecanismo que liquida de manera anticipada los daños ocasionados debido al incumplimiento contractual; sin embargo, este efecto no hace más que evidenciar la alta valuación subjetiva que el acreedor otorga a la prestación a cargo de su deudor y, con ello, la posibilidad de verificación de daños idiosincráticos en caso se verifique un incumplimiento.
Brown V. Superior Court: Drug Manufacturers Get Immunized From Strict Liability For Design Defects,
2010
Golden Gate University School of Law
Brown V. Superior Court: Drug Manufacturers Get Immunized From Strict Liability For Design Defects, Terrie Bialostok Brodie
Golden Gate University Law Review
In Brown v. Superior Court the California Supreme Court held that a drug manufacturer cannot be held strictly liable for harm caused by a prescription drug. In doing so, the court purported to adopt comment k of RESTATEMENT (SECOND) OF TORTS SECTION 402A (hereinafter comment k), but interpreted the comment as providing a blanket immunity from strict liability for design defects of prescription drugs. The court's decision gives prescription drug manufacturers broad protection against liability. A consumer injured due to the defective condition of a prescription drug must now prove negligence or failure to warn of a known risk.
Strict Liability For Prescription Drugs: Which Shall Govern-Comment K Or Strict Liability Applicable To Ordinary Products?,
2010
Golden Gate University School of Law
Strict Liability For Prescription Drugs: Which Shall Govern-Comment K Or Strict Liability Applicable To Ordinary Products?, Charlotte Smith Siggins
Golden Gate University Law Review
This Comment will review the history of strict products liability and the policies which have shaped its development. It will examine the state of the law today regarding strict liability for harm caused by prescription drugs, and demonstrate that comment k should continue to govern prescription drugs. Furthermore, it will point out that sound reasoning and public policy dictate that the modified strict products liability of comment k, rather than ordinary strict products liability, is the appropriate theory to establish liability for prescription drugs; it is also the method most beneficial to society's needs. Finally, this Comment will predict how …
"What Do I Do About This Word, 'Unavoidable'?": Resolving Textual Ambiguity In The National Childhood Vaccine Injury Act,
2010
University of Michigan Law School
"What Do I Do About This Word, 'Unavoidable'?": Resolving Textual Ambiguity In The National Childhood Vaccine Injury Act, Jason Lafond
Michigan Law Review First Impressions
The quote in the title of this Essay comes from Justice Breyer, expressing his frustration with the language of section 22(b)(1) of the National Childhood Vaccine Injury Act. Justice Breyer made this comment during the October 12, 2010, oral argument in Bruesewitz v. Wyeth, Inc., a case about the availability of state tort claims based on vaccine design defects. The question before the Court was whether that section expressly preempts such claims against vaccine manufacturers "if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions …
Review Of "Health Law And Bioethics: Cases In Context",
2010
Southern Illinois University School of Law
Review Of "Health Law And Bioethics: Cases In Context", Michele L. Mekel
Michele L Mekel
A review of the book "Health Law and Bioethics: Cases in Context"
The Duty Paradox: Getting It Right After A
Decade Of Litigation Involving The Risk Of
Student Suicide,
2010
Washington and Lee University School of Law
The Duty Paradox: Getting It Right After A Decade Of Litigation Involving The Risk Of Student Suicide, Daryl J. Lapp
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Donoghue V. Stevenson's 60th Anniversary,
2010
Golden Gate University School of Law
Donoghue V. Stevenson's 60th Anniversary, Franco Ferrari
Annual Survey of International & Comparative Law
No abstract provided.
The Developing Definition Of Defect In California Products Liability,
2010
Golden Gate University School of Law
The Developing Definition Of Defect In California Products Liability, Jonathan H. Erb
Golden Gate University Law Review
No abstract provided.
Pautas A Seguir Para Incluir La Cláusula De Liberación De Protesto,
2010
SelectedWorks
Pautas A Seguir Para Incluir La Cláusula De Liberación De Protesto, David García
David García
No abstract provided.
Summary Of Boorman V. Nevada Memorial Cremation Society And Clark County Coroner’S Office, 126 Nev. Adv. Op. No. 29,
2010
Nevada Law Journal
Summary Of Boorman V. Nevada Memorial Cremation Society And Clark County Coroner’S Office, 126 Nev. Adv. Op. No. 29, David Krawczyk
Nevada Supreme Court Summaries
No abstract provided.
Market Share Liability Beyond Des Cases: The Solution To The Causation Dilemma In Lead Paint Litigation?,
2010
University of Maryland School of Law
Market Share Liability Beyond Des Cases: The Solution To The Causation Dilemma In Lead Paint Litigation?, Donald G. Gifford, Paolo Pasicolan
Donald G Gifford
Over 300,000 young children in America—disproportionately poor and children of color—suffer from childhood lead poisoning. This disease ordinarily is caused by the deterioration of lead paint into flakes, chips, and dust that children ingest or inhale. Victims of childhood lead poisoning have tried to sue manufacturers of lead paint or lead pigment, but they face a seemingly insurmountable obstacle. Traditional tort law requires a plaintiff to prove that a specific tortfeasor caused the harm. This is almost impossible in the lead paint context because the paint that caused the harm usually consists of many layers, applied over the course of …
