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DEDICATION Byron G. Stier The Southwestern Law Review dedicates this Symposium issue to the late Professor Alan Calnan and to the late Professor Francis McGovern, both of whom passed away following the Symposium. Professor Calnan was an enthusiastic and …
NEW FRONTIERS IN TORT LAW AND THE CHALLENGES OF SCIENCE, TECHNOLOGY & INNOVATION: AN INTRODUCTION Byron G. Stier* On February 7, 2020, Southwestern Law School hosted a live symposium entitled, New Frontiers in Torts: The Challenges of Science, Technology, …
HOLISTIC TORT THEORY Alan Calnan* INTRODUCTION Can something as complex as the tort system be reduced to a single concept or some set of coherent, irreducible ideals? If so, can that foundation be traced to human agency or the structures and institutions …
RENDERING JUSTICE IN KEY AREAS OF TORT LAW IN THE NEXT DECADE Victor E. Schwartz* I. INTRODUCTION The future of tort law should focus on imposing liability on entities that are responsible for a wrongdoing. Liability should not be imposed on parties who …
OUTGUNNED NO MORE?: REVIVING A FIREARMS INDUSTRY MASS TORT LITIGATION by Linda S. Mullenix* ABSTRACT In November 2019, the United States Supreme Court denied certiorari in Remington Arms Co. v. Soto, on appeal from the Supreme Court of Connecticut. In so …
THE RULE OF SCIENCE AND THE RULE OF LAW Mark A. Behrens* Andrew J. Trask** INTRODUCTION In an attempt to be inclusive in their treatment of scientific evidence, courts have stumbled into a rule of law crisis. Rule of law principles work best when courts …
BRAVE NEW WORLD: TECHNOLOGY AND TORT PRACTICE Richard Marcus* I am a civil procedure person, not an official torts person, but fairly often torts and civil procedure seem to be joined at the hip. And that seems particularly true with regard to the effects …
INCORPORATING AN ACTUAL MALICE EXCEPTION TO SECTION 230 OF THE COMMUNICATIONS DECENCY ACT Christopher J. Robinette* Shannon N. Costa** INTRODUCTION The Communications Decency Act of 1996 ("CDA") was introduced by Senator J. James Exon (D-NE) primarily to …
TORTS: PAST, PRESENT, AND FUTURE - PRESENTATION OF BRIAN PANISH* BRIAN PANISH: Good afternoon, everyone. Thank you for being here today. Congratulations to the Law Review, Professor Stier, Dean Prager and Victor. It's been a number of years since I first …
TORTS: PAST, PRESENT, AND FUTURE - PRESENTATION OF VICTOR SCHWARTZ VICTOR SCHWARTZ: Well, thank you for inviting me here. Many plaintiffs' lawyers just go and buy a yacht, but Brian Panish has helped other people. He also is able. Very few lawyers can …