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Dispatches from the Tort Wars

RECORD 31 - 38 ... Dispatches from the Tort Wars. DISTORTING THE LAW: POLITICS, MEDIA, AND THE LITIGATION CRISIS. By William Haltom & Michael McCann. Chicago: University of Chicago. Press, 2004. Pp. 347. $55.00. RISKS, REPUTATIONS, AND REWARDS: CONTINGENCY FEE LEGAL. PRACTICE IN THE ...


United States Tort Reform Wars

United States tort reform wars. Stephen D Sugarman*. In the United States ('US'), for three decades, advocates on behalf of business and professional interests have been claiming that American tort law is out of control, imposing unjustified costs on defendants amounting to billions and billions of dollars annually. American ...


Class Wars: The Dilemma of the Mass Tort Class Action

testified as an expert witness for objectors at the settlement hearings in Georgine v. Amchem Prods., Inc., 157 F.R.D. 246 (E.D. Pa. 1994), the largest of the mass tort asbestos class actions, but did so on a pro bono basis, declining all fees. Much of the information in this Article comes from interviews with plaintiffs' attorneys ...



TORT AS DEMOCRACY: LESSONS FROM THE. FOOD WARS. Melissa Mortazavi*. This Article develops alternative emerging theories regarding the function of tort in American civil society. Often, scholars and policymakers evaluate the tort system in terms of compensation, loss allocation, and risk management. This focus.


United States Tort Liability for War Crimes Abroad: An Assessment

Mar 5, 1993 ... Recently, the issue of tort recovery against individuals and national governments by victims of international humanitarian law violations has entered the international spotlight. Victims of Japanese atrocities during World War II have filed actions in Japanese courts to obtain compensation.1 Victims of.


War Torts: Accountability for Autonomous Weapons

WAR TORTS: ACCOUNTABILITY FOR AUTONOMOUS WEAPONS. REBECCA CROOTOF. †. Unlike conventional weapons or remotely operated drones, autonomous weapon systems can independently select and engage targets. As a result, they may take actions that look like war crimes—the sinking of a cruise ship, the ...


The Third Wave: The Alien Tort Statute and the War on Terrorism

It has been accepted for inclusion in Hofstra Law Faculty. Scholarship by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected] Recommended Citation. Julian G. Ku, The Third Wave: The Alien Tort Statute and the War on Terrorism, 19 Emory Int'l L. Rev ...


The Ongoing "Turf War" for Louisiana Tort Law: Interpreting

The Ongoing "Turf War" for Louisiana Tort Law: Interpreting Immunity and the Solidarity Skirmish. Frank L. Maraist. Louisiana State University Law Center. Thomas C. Galligan Jr. This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for.


Asbestos Wars: In Three Parts

Jan 1, 2014 ... designed to afford compensation, it looked as though the war was coming to an end.5 It may have been surmised that asbestos litigation would yield its place in the pantheon of high-impact tort claims. But the energy of the claims had not run its course. Like. Napoleon returning from Elba, the war is resumed ...


Re-framing the Alien Tort Act after Kadic v. Karadxic

historical role of non-state actor liability under the law of nations.'4. Part IV provides an analysis of the Kadic cases and centers on two important questions. 5 The first is whether non-state actors may be held liable for war crimes and genocide under the law of nations.1 6. The second is whether the Alien Tort Act is the proper ...


Richard Mullender* '[W]e must … discover the law operating behind

45 Modern LR 693, 693 (describing tort law as 'a battleground of social theory'). Cf N.J.. McBride and R. Bagshaw, Tort Law (Harlow: Pearson, 2008, 3rd edn), xiii -xvii (on '[t]he tort wars'). (Hutchinson has recently stated that 'the common law has and continues to impose a duty on its personnel to respect the [doctrinal-cum - ...


Accountability, Liability, and the War on Terror -- Constitutional Tort

Jan 7, 2011 ... ACCOUNTABILITY, LIABILITY, AND THE WAR ON TERROR-. CONSTITUTIONAL TORT SUITS AS TRUTH AND. RECONCILIA TION VEHICLES. George D. Brown *. Abstract. This Article examines the role of civil suits in providing accountability for the Bush administration's conduct of the "war on terror.


Time limitation under the United States Alien Tort Claims Act

ages against the perpetrators under the United States Alien Tort Claims Act1. ( hereafter ATCA). Lawsuits instituted pursuant to the ATCA may include claims based on violations of international humanitarian law2 but such claims are completely independent of prosecutions for war crimes or crimes against humanity that ...


The Indirect Influence of Politics on Tort Liability of Public Authorities

The Indirect Influence of Politics on Tort Liability of Public Authorities in English Law. Dan Priel. The scope of negligence liability of public authorities in English law has undergone significant changes in the Post-World War II period, first expand- ing and then, from the mid-1980s, retracting. This article tries to explain why.


Ohio Tort Reform in 1998: The War Continues

This Article is brought to you for free and open access by the Law Journals at [email protected] It has been accepted for inclusion in. Cleveland State Law Review by an authorized administrator of [email protected] For more information, please contact [email protected] Recommended Citation.


"The Impact That It Has Had Is between People's Ears": Tort Reform

Nov 6, 1988 ... Tort reform, it now seems, is a permanent fixture of the political agenda. Nearly ten years ago, the title of a National Law Journal front-page story was already characterizing it as "The Hundred Years'. (Tort) War."'2 While the reformers are, of course, seeking sympathetic rule-makers and favorable rule ...


Toward the Proper Role for Mass Tort Class Actions

Corp.). 3117 S. Ct. 2231 (1997) (settlement nature of class action relevant in certification decision under FED. R. CIV. P. 23(b)(3». 4 See, e.g., John C. Coffee, Jr., Class Wars: The Dilemma of the Mass Tort Class. Action, 95 COLUM. L. REV. 1343 (1995) (criticizing mass tort settlement classes and suggesting bankruptcy is a ...



The fire resulted in the first tort class action suit.) 2 Deborah R. Hensler & Mark A. Peterson, Understanding Mass Personal Injury Litigation: A Socio-Legal. Analysis, 59 Brook. L. Rev. 961 at 1014 (1993). 3 John C. Coffee, Jr., Class Wars: The Dilemma of the Mass Tort Class Action, 95 Colum. L. Rev. 1343 at. 1363 ( 1995).

Introduction and History of Mass Torts.pdf

ANTHONY JAMES SEBOK Benjamin N. Cardozo School of Law 55

Dispatches from the Tort Wars: A Review Essay 85 TEX. L. REV. 1465 (2007) ( review essay on three recent books on tort reform and civil litigation). The Place of Reliance in Fraud, 48 ARIZ. L. REV. 1001 (2006). (coauthored with John C.P. Goldberg and Benjamin C. Zipursky). (Symposium on Economic Torts). Translating ...


The Defensive Use of Federal Class Actions in Mass Torts

John C. Coffee, Jr., Class Wars: The Dilemma of the Mass Tort Class Action, 95. COLUM. L. REV. 1343, 1370—73 (1995). . 82. Susan P. Koniak, Feasting While the Widow Weeps: Georgine v. Amchem. Products, Inc., 80 CORNELL L. REV. 1045 (1995). 83. John Leubsdorf, Co-Opting the Class Action, 80 CORNELL L. REV.