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Valparaiso Univ. Law School

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Thursday, December 15, 2005

Yale May Be Violating Your Civil Rights

Yale In the latest issue of the Yale Law Journal's "Pocket Part" feature, Professor John Goldberg of Vanderbilt argues in The Constitutional Status of Tort Law that there are constitutional limitations on the ability of legislatures to regulate and restrict tort causes of action, at least for consumers.

We here don't know much about the merits of tort reform, but the bright student editors of the YLR seem to.  The piece is accompanied by the following on the YLJ web site:

Welcome to The Pocket Part, The Yale Law Journal's online publication. The Pocket Part is governed by these Terms of Use, as they may be amended, from time to time ("Terms").  BY USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS.

      .  .  .

NO WARRANTIES. THE YALE LAW JOURNAL COMPANY, INC. MAKES NO REPRSENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE POCKET PART, INCLUDING ANY OF THE CONTENT OR INFORMATION CONTAINED ON THE SITE. ALL CONTENT IS PROVIDED ON AN "AS IS" BASIS. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR OF UNINTERUPTED SERVICE OR OTHER FUNCTIONALITY, INCLUDING LINKS TO OTHER WEBSITES, NOR ANY WARRANTY THAT THE SITE IS FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS.

NO LIABILITY. IN NO EVENT SHALL YALE UNIVERSITY, THE YALE LAW JOURNAL COMPANY, INC., THEIR EMPLOYEEES, AGENTS, EDITORS OR ANY OTHER PARTY, THAT HAS BEEN INVOLVED IN THE CREATION, PRODUCTION AND/OR DELIVERY OF THE POCKET PART BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES OR EXPENSES OF ANY KIND INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO: LOSS OF ANTICIPATED PROFITS, BENEFITS, OR USE OF DATA, EVEN IF ANY OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTS LIABILITY OR MISREPRESENTATION.

[Frank Snyder]

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