Results 91 to 100 of about 145,704 (233)

Supreme Court Amicus Brief Regarding Wyeth v. Diana Levine [PDF]

open access: yes
Prominent in arguments opposing preemption of state tort law liability for alleged inadequacies in prescription drug labeling is the argument that such liability can complement FDA regulation by improving on a regulatory scheme that fails to provide ...
Berndt, Ernst R.   +5 more
core   +1 more source

Trespass-copyright parallels and the harm-benefit distinction [PDF]

open access: yes, 2009
Responding to Shyamkrishna Balganesh, Foreseeability and Copyright Incentives, 122 Harv. L. Rev. 1569 (2009)Currently, the elements of a plaintiff’s cause of action for copyright largely follow the tort of trespass to land in that volitional entry (for ...
Gordon, Wendy J.
core   +1 more source

Medical Malpractice Liability Crisis or Patient Compensation Crisis? [PDF]

open access: yes, 2010
This Article is organized as follows. Part II summarizes the common rhetoric in tort reform debates that places the blame for rising premiums on the liability system and touts tort reform as the cure-all for ailing insurance markets.
Zeiler, Kathryn
core   +3 more sources

Adequate and Proximate Cause vs Scope of Liability: A Comparative Analysis Between the U.S. Third Restatement of Torts and Colombian Supreme Court Decisions from 2016 to 2018

open access: yesDos Mil Tres Mil
This paper contrasts Colombian Supreme Court decisions from 2016 to 2018 with curren U.S. trends on proximate cause or scope of liability included in the Third Restatement of Torts.
Daniel Vásquez Vega
doaj   +1 more source

Efficient Third Party Liability of Auditors in Tort Law and in Contract Law [PDF]

open access: yes
A wrong audit can cause damages to shareholders. This happens especially if outside shareholders base their investment decision on the audit and buy overpriced company shares.
Hans-Bernd Schäfer
core   +1 more source

Regulation vs. the Market: The Case of Bicycle Safety (Part I) [PDF]

open access: yes, 1991
This part of the article describes events leading to the creation of the Consumer Product Safety Commission - and the on-going debate between those who believe safety regulation is necessary and those who believe that market forces can achieve acceptable
Petty, Ross D.
core   +3 more sources

Comparison of the Concept of Fault in Terms of Tort and Crime According To Classical Crime Doctrine

open access: yesCeza Hukuku ve Kriminoloji Dergisi
Fault is a common element necessary for both crime and tort. However, the meaning of this common concept may differ in terms of crime within the framework of classical doctrine and tort. As a matter of fact, according to Art.
Leyla Müjde Kurt, Fahri Gökçen Taner
doaj   +1 more source

Mass Torts—Maturation of Law and Practice [PDF]

open access: yes, 2017
Mass tort litigation has been with us for about fifty years. This is dating the start from the MER/29 litigation in 1964. This field of law and practice has grown year after year, and it shows no sign of abating.
Rheingold, Paul D.
core   +1 more source

Exploring the Limits of Ukrainian Tort Law from Business and Human Rights Perspective

open access: yesТеорія і практика правознавства
This paper examines the capacity of Ukrainian tort law to address business-related human rights violations, using a model case to evaluate its effectiveness.
Bohdan Karnaukh
doaj   +1 more source

Scientific Ignorance and Reliable Patterns of Evidence in Toxic Tort Causation: Is There a Need for Liability Reform? [PDF]

open access: yes, 2001
As a first step to preserving the central aims of tort law, courts will need to recognize the wide variety of respectable, reliable patterns of evidence on which scientists themselves rely for drawing inferences about the toxicity of substances.
Cranor, Carl F., Eastmond, David A.
core   +1 more source

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