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  1. 478 INFORMED CONSENT IN THE NEW RESTATEMENT ON MEDICAL MALPRACTICE: A FRIENDLY CRITIQUE Nina A. Kohn* Medical malpractice constitutes a substantial share of tort litigation and has driven many of the legal changes characterized as

  2. 484 KEYNOTE SYMPOSIUM PRESENTATION OF BRIAN PANISH AND JESSE CREED Brian Panish* and Jesse Creed** ATTORNEY BRIAN PANISH: Good afternoon. Thank you for all you do here, and what a great job you have been doing since you have come on to be the Dean here at …

  3. 493 THE EQUITY OF TORT CLAIMS FOR MEDICAL MONITORING Mark A. Geistfeld* I. INTRODUCTION A medical monitoring cause of action commonly involves defective products that have exposed plaintiff-consumers to a significant risk of suffering bodily injury at …

  4. 512 THE RESTATEMENT (THIRD) OF TORTS PROPOSES ABANDONING TORT LAW9S PRESENT INJURY REQUIREMENT TO ALLOW MEDICAL MONITORING CLAIMS: SHOULD COURTS FOLLOW? Victor E. Schwartz* and Christopher E. Appel** I. INTRODUCTION After decades of development, the …

  5. 543 TRAUMA DAMAGES Martha Chamallas* ABSTRACT The concept of trauma has increasingly been used to describe the experiences of marginalized groups and has a special relevance to systemic injuries and abuses of power that can form the basis of personal …

  6. 580 WHY COURTS SHOULD CONTINUE TO REJECT INNOVATOR LIABILITY THEORIES THAT SEEK TO HOLD BRANDED DRUG MANUFACTURERS LIABLE FOR GENERIC DRUG INJURIES Mark A. Behrens* and Christopher E. Appel** I. INTRODUCTION Nearly a decade has passed since the Alabama …

  7. 351 CONCLUDING THE RESTATEMENT (THIRD) OF TORTS: AN INTRODUCTION Byron G. Stier* and Christopher J. Robinette** The American Law Institute (ALI), a group of prominent judges, attorneys, and law professors, was founded in 1923

  8. 358 A BRIEF INTRODUCTION TO THE AMERICAN LAW INSTITUTE AND THE RESTATEMENTS OF TORTS Hon. Goodwin H. Liu* JUSTICE GOODWIN LIU: Good morning. It is a pleasure to be here, and thank you to Dean Dickerson, Dean Byron Stier, Professor Christopher Robinette, …

  9. 364 THE AMERICAN LAW INSTITUTE AND THE RESTATEMENT (THIRD) OF TORTS: PRESENTATION OF MICHAEL GREEN Michael D. Green* PROFESSOR MICHAEL GREEN: Good morning. First of all, let me say thank you to Southwestern Law School. Thank you to the Law Review for all …

  10. 369 TORT THEORY AND THE RESTATEMENT, IN RETROSPECT Keith N. Hylton* ABSTRACT This is my third paper on the Restatement (Third) of Torts. In my first paper, The Theory of Tort Doctrine and the Restatement (Third) of Torts, I offered a positive economic …