Papers by M Stuart Madden
bepress Legal Series, 2005
Fordham Environmental Law Review, 1998
University of Michigan Journal of Law Reform, 1997
Cambridge University Press eBooks, Sep 26, 2005
Social Science Research Network, 2006
Cambridge University Press eBooks, Sep 26, 2005
Page 1. TORT LAW Edited by M. Stuart Madden CAMBRIDGE Page 2. Page 3. EXPLORING TORT LAW Tort law... more Page 1. TORT LAW Edited by M. Stuart Madden CAMBRIDGE Page 2. Page 3. EXPLORING TORT LAW Tort law provides individuals or groups redress for wrongful harm to every dimen-sion of life from physical injury to property damage to personal insult. ...
bepress Legal Series, 2005
Madden wisbes to acknowledge tbe rescarcb assistance of James Winstein in tbe preparation of tbir... more Madden wisbes to acknowledge tbe rescarcb assistance of James Winstein in tbe preparation of tbir article. "Council Draft No. 2," which is scheduled for further Council review at its February 1994 meeting.6 This article, with some selectivity, will describe and analyze the substance of the Senate version of the Product Liability Fairness Act,' as well as the substance of Council Draft No. 1 of the Products Liability Restatement. 11. PRODUCT LIABILITY FAIRNESS ACT OF 1993 (S. 687) A. Introduction Sponsored by Senator John D. Rockefeller IV (D., W. Va.), S. 687 is described as "[a] bill to regulate interstate commerce by providing for a uniform product liability law, and for other purposes."8 The Fairness Act would reform product liability significantly in such areas as the avdability of compensatory damages for commercial and economic loss, the level of proof sufticient for an award of punitive damages, the burden of proof to recover compensatory damages against a nonmanufacturing seller, preemption, alternative dispute resolution, expedited judgments, and the admissibility of evidence of collateral benefits as an offset to compensatory damages. B. Applicability The Act applies to "any civil action brought a p n s t the manufacturer or products seller, on any theory, for harm caused by a product."9 However, claims "for loss or damage to a product itself or for commercial loss [are] not subject to [the] Act.'"' The Act indicates that such claims are to be "governed by applicable commercial or contract law."" It is not clear what effect the authors anticipate from the last-mentioned clause; in view of the Fairness Act's preemption clause," it would seem that a conclusion that the Act does not apply to a certain claim-. would permit a court to apply any appropriate doctrine, be it tort, contract, or otherwise. In any event, by excising from the Fairness Act's coverage claims for commercial loss and for product disappointment not involving harm to other property, the congressional authors chose the widely followed rule that such claims sound properly 6. Sa infa part V. 7. The substantial similarity between the House and the Senate versions of the Fairness Acts invites the convenience of describing the Senate version, S. 687, as representative of the three bills. 8. Its cosponsors are Senators Gordon of Washington, Liebermann of Connecticut. Danfonh of Missouri, and Dodd of Connecticut. 9. Fairness Act, nrpra note 1, 5 qa). 10. Id 1 1. Id 1 2. Fairness Act 5 qb) provides, in pertinent pan, that the Act "supersedes any state law regarding recovery for harm caused by a product only to the extent that this Act establishes a rule of law applicable to any such recovery." Id. 5 qb).
Graffiti adorned the empty mausoleum of the embalmed Communist leader. A few feet away, vendors h... more Graffiti adorned the empty mausoleum of the embalmed Communist leader. A few feet away, vendors hawked memorabilia ranging from party medals to battle flags. Down the street, tiny shops selling long-unavailable foreign consumer goods blossomed in the garages of Stalinist-style apartment blocks. Passing by, the elderly babichka shook her head in disbelief a t the changes of the past few months. Democracy and the marketplace had come to Bulgaria. For a society where orderliness and state control had been a watchword for decades, freedom became a synonym for anarchy. Tyranny may have disappeared, but the new disorder was scant improvement for many Bulgarians. The crushing problems of the transition coupled with the lack of rudimentary knowledge concerning solutions available to democratic societies left the nation struggling to establish a framework for reform. One of the most ambitious Western initiatives aimed at filling these voids is the American Bar Association's Central and East European Law Initiative (CEELI), which has harnessed the combined talents of members of the ABA to provide technical assistance throughout Central and Eastern Europe, the Baltics and the NIS. Under CEELI's auspices, American lawyers, judges and professors have held workshops, commented on draft laws, and generally provided assistance to reformers in these post-Communist societies. As an attorney from Boulder, Colorado, I served on the first.long-term CEELI mission to the region. In my role as the CEELI liaison to Bulgaria from September of tt Senior partner in the firm of Hutchinson, Black and Cook of Boulder, Colorado.
William Mitchell law review, 2000
University of Arkansas at Little Rock Law Review, Dec 31, 1996
In the Shadow of the Legislature: The Common Law in the Age of the New Public Law, 89 MICH. L. RE... more In the Shadow of the Legislature: The Common Law in the Age of the New Public Law, 89 MICH. L. REV. 875 (1991). 4. GUIDO CALABRESI, A COMMON LAW FOR THE AGE OF STATUTES. 169 (Harvard 1982) [hereinafter CALABRESI, AGE OF STATUTES] (citing GRANT GILMORE, THE AGES OF AMERICAN LAW 95 (1977)). 5. The vigor of statutory development is not exclusively a twentieth century phenomenon. At least as early as the late nineteenth century, "utilitarian" jurists "concentrate[d] on codification as the instrument of legal reform." RICHARD A. COSGROVE,
Uploads
Papers by M Stuart Madden