Thursday, August 1, 2013

Hylton on Causation

Keith Hylton (Boston University) has posted to SSRN Causation in Tort Law:  A Reconsideration.  The abstract provides:

Causation is a source of confusion in tort theory, as well as a flash point between consequentialist and deontological legal theorists. Consequentialists argue that causation is generally determined by the policy grounds for negligence, not by a technical analysis of the facts. Conversely, deontologists reject the view that policy motives determine causation findings. Causation has also generated different approaches within the consequentialist school. In this chapter I try to bring some order to the arguments on causation by isolating key elements of the cases and introducing a "causation tree" that highlights the role of information. A better model of causation may help to resolve the arguments between different schools of tort theory, and to reconcile conflicting models within the consequentialist school.

 --CJR

August 1, 2013 in Scholarship | Permalink | Comments (0) | TrackBack (0)

Wednesday, July 31, 2013

Gifford on Maryland's Retention of Contrib

Don Gifford (Maryland) reacts to the Court of Appeals of Maryland's decision to retain contrib in the Maryland Law Review's Endnotes.  The piece (pdf) is here.

--CJR

July 31, 2013 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Monday, July 29, 2013

"Ten Years of Tort Reform in Texas"

Joseph Nixon and the Texas Policy Foundation have posted  "Ten Years of Tort Reform in Texas: A Review." The abstract provides:

Ten years of tort reform have provided greater access to health care and helped make Texas the nation’s leading job producer. Indeed, by recognizing the causal connection between economic prosperity and efficient, fair courts, the Texas legislature passed and Governor Rick Perry signed House Bill 4 (HB4)—powerful tort reform legislation that is the foundation of the Texas economic miracle. Yet, despite the awesome economic growth and increased access to health care triggered by HB4, members of the trial bar are still working to overturn this reform. While Texans should stand their ground and rebuff efforts to undo HB4’s successful tort reforms, all Americans should take notice of Texas’s remarkable transformation and look to enact similar reforms in their own states.

 

- SBS

July 29, 2013 in Current Affairs, Legislation, Reforms, & Political News, Scholarship | Permalink | Comments (1) | TrackBack (0)