Thursday, July 21, 2011
Michael Green (Wake Forest) has posted 3 pieces to SSRN. First: The Impact of the Civil Jury on American Tort Law. The abstract provides:
This article, a contribution to a symposium on the what American tort law can contribute to the rest of the world expresses skepticism that a considerable swath of U.S. tort law would be of interest to the rest of the world. The thesis is that American tort law has been shaped by the existence of the civil jury, unique to the U.S, and areas of domestic tort law so influenced have no utility internationally. The article catalogues many such areas and discusses several of them.
Second: The Unappreciated Congruity of the Second and Third Restatements on Design Defects. The abstract provides:
There was much criticism of the Restatement (Third) of Torts: Products Liability for its backtracking after decades of strict products liability, spurred by § 402A of the Second Restatement of Torts. This article delves into what the founders - Prosser, Keeton, Traynor, Wade, and others - intended in adopting liability without fault when a product was defective. It concludes that the combination of negligence and § 402A are equivalent to the Third Restatement, especially when one recognizes that § 3 of the Third Restatement captures what the founders intended with their defectiveness standard. In the course of this inquiry, the article takes strong issue with George Priest's claim that § 402A was only meant to address manufacturing defects.
Third: Introduction: The Third Restatement of Torts in a Crystal Ball. The abstract provides:
This article provides commentary on a broad range of articles about the Restatement (Third) of Torts: Liability for Physical and Emotional Harm. It expresses caution about contemporary efforts to predict whether and how the Restatement will influence tort law.