Abstract When drafting the Principles of European Tort Law (PETL), members Group on decided to omit wrongfulness as a specific requirement for civil liability, considering it concept underlying notions interference with legally protected interests and standard conduct. This paper tends demonstrate that this terminological conceptual choice is still valid eighteen years after publication PETL. O...

In Medtronic, Inc. v. Lohr, the United States Supreme Court, in a five-to-four split, held that the Medical Device Amendments of 1976 did not preempt state tort claims against a pacemaker manufacturer. A careful reading of the factually specific holding of this case suggests that manufacturers of medical devices distributed pursuant to premarket approval requirements and investigational device ...

This paper looks at Texas tort law reform to make claims regarding the relationship between Texas tort reform and damages recovered. Starting with reform in 1977, Texas has passed 15 pieces of legislation that, in principle, restrict the damages plaintiffs recover. Most empirical analyses have focused primarily on analyzing behavior resulting from the tort reform. In other cases, research has l...

Tort law presents a puzzle from an information cost point of view. Like property, its duties often avail against others generally, but unlike property it is appears not to be standardized and is more subject to judicial innovation. This essay argues that torts, like property, employs modular structures to manage the complexity of interactions between actors. Both property and torts solve the in...

Until Lotus and Apple sued their competitors for copyright infringement, software user interface designers did not think much about whether intellectual property law might impose some constraints on their design decisions. Even those who knew that copyrights were available to protect software probably understood this to mean simply that a person would have to write his or her own code to develo...