Results 31 to 40 of about 239,920 (261)

Civil Recourse Defended: A Reply to Posner, Calabresi, Rustad, Chamallas, and Robinette [PDF]

, 2013
As part of a symposium issue of the Indiana Law Journal devoted to our Civil Recourse Theory of Tort Law, we respond to criticisms by Judge Calabresi, Judge Posner, and Professors Chamallas, Robinette, and Rustad.
Goldberg, John C.P., Zipursky, Benjamin C.   +1 more
core   +1 more source

The Supreme Court’s Theory of Private Law [PDF]

, 2013
In this Article, we revisit the clash between private law and the First Amendment in the Supreme Court\u27s recent case, Snyder v. Phelps, using a private-law lens. We are scholars who write about private law as individual justice, a perspective that has
Oman, Nathan B., Solomon, Jason M.
core   +2 more sources

Optimizing the Societal Value of Tort Law by Meeting Justice Needs of All Stakeholders: Towards Restorative Tort Law

Laws
With their traditional focus on financial compensation, tort law systems worldwide struggle with the adverse effects the claims resolution process can have on victims of personal injury.
Femke M. Ruitenbeek-Bart, Arno J. Akkermans   +1 more
doaj   +1 more source

The principle of justice in tort law in Russia and China

BRICS Law Journal, 2022
The study addresses the main problems of the regulation of tort liability in the context of the implementation of the principle of justice in the legislation and law enforcement practice of the Russian Federation and the People's Republic of China.
Tatiana Letuta, Vladimira Dolinskaya
doaj  

Can One Claim Compensation for Nervous Shock?

İstanbul Hukuk Mecmuası, 2022
Injury from nervous shock refer to the damage resulting from a person’s mental breakdown or psychological disorder rather than the victim being directly injured in an accident.
Aslı Açıkgöz
doaj   +1 more source

A Reexamination of the Distinction Between Loss-Allocating and Conduct-Regulating Rules [PDF]

, 2000
In this paper, I disagree with the premise that all tort rules can be meaningfully classified as either compensatory or deterrent. I argue that most tort rules are both and that the compensation and deterrence goals ascribed to the tort system cannot be
Perdue, Wendy Collins
core   +3 more sources

Economic Analysis of Proof of Causation in Environmental Torts [PDF]

Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2019
One of the common difficulties in the field of environmental torts is the proof of causation between the tortious conduct of the tortfeasor and the damage suffered by the victim. This problem, according to the principles of economic analysis of tort law,
Hasan Badini, Farzaneh Motevaseliyan
doaj   +1 more source

Public Inquiries and UK Press Regulation: A Case of ‘Fading into Forgetfulness’?

The Political Quarterly, EarlyView.
Abstract Why were the proposals for reform of UK press regulation made by Lord Leveson in 2012 not implemented in full, despite popular and parliamentary support for the report's recommendations, and despite the creation of the legal framework for the reformed system of regulation?
John Street, Michael Harker, Samuel Cross   +2 more
wiley   +1 more source

Loss [PDF]

, 2005
Within Republican political circles, numerous state legislatures, and even the U.S. Congress, advocating caps on noneconomic damages in tort suits is in vogue, as part of the ongoing politics of tort reform.
Feldman, Heidi Li
core   +2 more sources

Ausgleich von Personenschäden – Rechtsvergleichende Anregungen für das Zusammenspiel von Schadenersatz- und Versicherungsrecht

Austrian Law Journal, 2015
Im Bereich der Personenschäden weisen die europäischen Rechtsordnungen recht unterschiedliche Ausgleichssysteme auf: Überwiegend verändern die Sozialleistungen nicht die schadenersatzrechtliche Zurech­nung, da den Sozialversicherungsträgern gegen den ...
Helmut Koziol
doaj