Implementing enterprise liability: a comment on Henderson and Twerski
Article Abstract:
John Henderson, Jr. and Aaron Twerski advocate against enterprise liability and favor liability based on negligence, viewing such a reform as necessary to decrease costs associated with the imposition of strict products liability and realized in excessive product prices. However, enterprise liability, which punishes not only one manufacturer of an unreasonably dangerous product but all members of the industry engaged in similar production, is necessary to force manufacturers to minimize product dangers. It is equitable because it enables manufacturers to pass on the costs of heightened liability standards to consumers when products can not be made any safer.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1992
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Tort reform may be unfunded mandate
Article Abstract:
When it considers how to reconcile the two very different product liability reform bills passed by the House and the Senate this spring, Congress should also consider whether such reform constitutes an unfunded mandate on state and local governments. The bills would force states to relax their own product liability laws, certainly leading to more injuries and deaths, which in turn will impose direct costs on these governments and reduce their tax revenues. Non-fatal accidents cost 4% of the GNP, and 30% involve products.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Scrutiny of arbitration forums focuses on fairness; courts are adhering to 'Gilmer' mandate to preserve all rights afforded by applicable statutes
Article Abstract:
Some of the mandatory arbitration plans imposed on employees by their employers have led courts to consider what claimants and interested organizations such as the National Academy of Arbitrators term abuses of the arbitration process. This academy adopted the Due Process Protocol and the Guidelines on Arbitration of Statutory Claims Under Employer Promulgated Systems on May 21, 1997 and it is gaining increasing influence. Case law is discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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