Tort Law And The Public Interest
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Tort Law And The Public Interest
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Author : Peter H. Schuck
language : en
Publisher: W. W. Norton
Release Date : 1991
Tort Law And The Public Interest written by Peter H. Schuck and has been published by W. W. Norton this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Liability (Law) categories.
Is it possible for the United States to sell innovative, competitive products, services, and technologies in the domestic and world markets of the 1990s without sacrificing consumer safety? Is tort law--especially product liability, medical malpractice, and corporate officer liability--performing its proper economic role? Is it encouraging safety, or discouraging innovation? Distinguished experts from the American Assembly answer these questions and more.
Tort Law And The Public Interest Compeition Innovation And The Consumer Welfare
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Author :
language : en
Publisher: The American Assembly
Release Date :
Tort Law And The Public Interest Compeition Innovation And The Consumer Welfare written by and has been published by The American Assembly this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Towards A Public Law Of Tort
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Author : Tom Cornford
language : en
Publisher: Routledge
Release Date : 2016-02-24
Towards A Public Law Of Tort written by Tom Cornford and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-24 with Law categories.
Presenting a new approach to the problem of public authority liability, this volume provides a theoretical foundation in the form of principles of administrative liability that are both normatively sound and consonant with other recognized legal principles. These principles are used as criteria by which to judge the current law and as a guide to reform. Such reform could be brought about by judicial development of the law, and this volume explains how. It considers both the procedural and the substantive divides between public and private law and explains the proposed solution's relation to the forms of public authority liability already present under European Community law and the Human Rights Act. Focusing in particular on UK law, the book is also relevant to other Commonwealth countries and will be of interest to scholars and practitioners of both tort and public law.
Reforming Public Interest Tort Law To Redress Public Health Epidemics
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Author : Michael L. Rustad
language : en
Publisher:
Release Date : 2012
Reforming Public Interest Tort Law To Redress Public Health Epidemics written by Michael L. Rustad and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
This Article is a new audit of parens patriae public health lawsuits in which government attorneys address grave public health problems not resolved by either private tort litigation or administrative regulations. Our argument is that public health lawsuits are justified when the states have a substantial quasi-sovereign interest in reallocating the cost of medical monitoring or other means of addressing risks created by products-related disasters. In tobacco and lead paint cases, the state, as subrogee, employed parens patriae litigation in an effort to recoup the cost of treating hundreds of thousands of smoking and lead poisoning victims. The recent British Petroleum (BP) oil spill parens patriae actions are attempts to compel the polluters to pay for the public health costs created by the release of millions of gallons of oil and toxic chemicals into the waters of the Gulf of Mexico. These Gulf State parens patriae actions raise complex issues of justiciability, standing, separation of powers, and regulation by litigation. The size of the populations affected, the magnitude of the harm inflicted, and the inability of traditional tort principles to offer the victims any relief are important factors in determining the legitimacy of these public health actions. Part I traces the trajectory of public health law tort litigation from its roots in medieval English equity doctrine to the recent actions by U.S. state governments and municipalities in the aftermath of the BP oil spill. Part II summarizes and critically examines Professor Donald Gifford's thesis that the public law model of tort law employing parens patriae actions are a form of "faux legislation" that usurps the legitimate functions of America's legislative branch. Gifford argues that parens patriae lawsuits to resolve public health problems are doomed to be ineffective and, worse yet, raise the specter of creating an unaccountable "fourth branch of government." Part III presents a brief defense of the public law model of tort law as a mechanism to allocate the costs of health and environmental catastrophes from the corporate defendant to the state. Parens patriae litigation is beneficial because it redresses not just one on one or particularized injuries but also vindicates societal interests.
Tort Law And The Public Interest
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Author : American Assembly. Meeting
language : en
Publisher:
Release Date : 1990
Tort Law And The Public Interest written by American Assembly. Meeting and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Consumer protection categories.
Refining Privacy In Tort Law
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Author : Patrick O'Callaghan
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-09-14
Refining Privacy In Tort Law written by Patrick O'Callaghan and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-14 with Law categories.
This book is about privacy interests in English tort law. Despite the recent recognition of a misuse of private information tort, English law remains underdeveloped. The presence of gaps in the law can be explained, to some extent, by a failure on the part of courts and legal academics to reflect on the meaning of privacy. Through comparative, critical and historical analysis, this book seeks to refine our understanding of privacy by considering our shared experience of it. To this end, the book draws on the work of Norbert Elias and Karl Popper, among others, and compares the English law of privacy with the highly elaborate German law. In doing so, the book reaches the conclusion that an unfortunate consequence of the way English privacy law has developed is that it gives the impression that justice is only for the rich and famous. If English courts are to ensure equalitarian justice, the book argues that they must reflect on the value of privacy and explore the bounds of legal possibility.
Cases And Materials On Torts
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Author : Richard A. Epstein
language : en
Publisher: Aspen Publishing
Release Date : 2020-02-13
Cases And Materials On Torts written by Richard A. Epstein and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-13 with Law categories.
Cases and Materials on Torts preserves historical and conceptual continuity between the present and the past, while addressing the most significant contemporary controversies in such fast-moving areas like public nuisance, global warming, and product liability, with new litigation against internet providers. Toward these dual ends, Richard A. Epstein and Catherine M. Sharkey have retained in the Twelfth Edition the great older cases, both English and American, that have proved themselves time and again in the classroom, and which continue to exert great influence on the modern law. Our book also provides a rich exploration of the dominant corrective justice and law-and-economics approaches to tort law, as exemplified both in the retained and new cases and materials. New to the Twelfth Edition: Extensive new treatment of public nuisance cases to address the profound expansion of the once-sleepy area of public nuisance law into the realms of the opioid crisis, toxic torts, and global warming. Major reconsideration of who counts as a seller in the chain of distribution for goods sold online with product liability updates for various forms of e-commerce, such as Amazon’s liability for defective products sold on its site. Updates to incorporate two major new Torts Restatements on Intentional Harms and Liability Insurance. The Reforms of the Michigan No-Fault Legislation Enhanced treatment of privacy in the era of “Big Data” to address trend of large data collectors like Facebook and Google to determine what is reasonable online, incorporating major privacy legislation such as California’s Consumer Privacy Act and the European GDPR (General Data Protection Regulation). Expansion of materials that address race and gender disparities in the setting of damages awards; and, in the realm of punitive damages innovative remedies directing some portion of the award to public interest groups. Professors and students will benefit from: Clear organizational framework of the book. Important lines of cases that help understand legal reasoning and the evolution of precedent Inclusion of key academic commentary and elaboration of central intellectual disputes over the nature and function of the tort law Ability to pick and choose modules of interest – such as defamation, privacy, and economic harms – which are of increasing importance in real world of tort litigation. Extensive notes with topic headlines that elaborate basic concepts and extend into the most complex contemporary issues facing courts. Great attention given to cutting edge tort developments.
Tort Law
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Author : Nicholas J McBride
language : en
Publisher: Pearson UK
Release Date : 2018-05-17
Tort Law written by Nicholas J McBride and has been published by Pearson UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-17 with Law categories.
Written by two leading scholars, Tort Law combines detailed coverage of the legal principles, supported by hypothetical case scenarios and guided further reading, with critical discussion of the key academic debates and literature in the subject making it ideal for use by anyone studying tort law at undergraduate or postgraduate level. Extensively updated, this new edition covers all important case-law and legislative developments, including the expansion of vicarious liability in Mohamud v Wm Morrison Supermarkets, the treatment of the notion of ‘defect’ under the Consumer Protection Act 1987 in Wilkes v Depuy International Ltd, the reinvigoration of the tort in Wilkinson v Downton by O (a child) v Rhodes, the recognition of a tort of the malicious institution of civil proceedings in Willers v Joyce, and the attempts to reform the law on the defence of illegality in Patel v Mirza.
The Law Of Torts
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Author : Philip H. Osborne
language : en
Publisher:
Release Date : 2011
The Law Of Torts written by Philip H. Osborne and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Damages categories.
The Law of Torts by Philip Osborne is an indispensable resource for practitioners, judges, and students seeking a concise and accessible introduction to the principles of tort law in Canada, the social policies underlying the law, and current trends in judicial decision-making. The book reviews the foundations, characteristics, and objectives of tort law generally with specific discussion of the central concepts of negligence, intentional torts, strict liability and vicarious liability, nuisance, and defamation. It provides insightful analysis of the relationships between tort law and other branches of private law, including contract law and restitution, and public law, particularly the Charter of Rights and Freedoms. The fourth edition includes new sections dealing with negligent investigations, malicious prosecution and Crown prosecutors, responsible communication on a matter of public interest, reportage, and cyber-defamation. The Canadian law of torts is described as it was on 1 January 2011.
Privacy And Free Enterprise
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Author : Ian B. Lawson
language : en
Publisher:
Release Date : 1993
Privacy And Free Enterprise written by Ian B. Lawson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Business & Economics categories.