We examine the characteristics and limitations of the existing system of tort liability for addressing potential environmental damages from GM crops and consider whether environmental bonding could be used to address these risks. We find that in the case of GM crops, a bonding mechanism would complement some of the strengths of tort liability. Specifically, the bonding mechanism provides some p...

Mississippi enacted medical negligence and other tort reform legislation that generally became effective for causes of action filed on or after January 1, 2003, and September 1, 2004. Data regarding lawsuits against physicians insured by the Medical Assurance Company of Mississippi (MACM), the largest medical liability insurer in the state, and MACM-insured Obstetrician-gynecologists (ob-gyns) ...

Ongoing tort reform efforts attest to the significant burden that medical liability imposes on the health care system. General attempts to curb excesses can narrow socioeconomic disparities, but as Clark Havighurst and Barak Richman observe, such measures may leave intact some of the regressive characteristics of the framework they supplant. Therefore, it seems appropriate to question whether t...

recovery. Rules of tort liability mediate between the victim's need for recompense and the defendant's right to remain free from arbitrarily imposed obligation. Although sensational cases involving large recoveries tend to generate the greatest alarm, the magnitude of damages in a particular case is actually far less important than the availability of any damages in similar cases. Potential tor...

The essential rationale for imposing the doctrine of strict liability in tort is that such imposition affords the consuming public the maximum protection from dangerous defects in manufactured products by requiring the manufacturer to bear the burden of injuries and losses enhanced by such defects in its products! In Brandenburger v. 2 the Montana Supreme Court adopted the doctrine of strict li...

in the case of abuse of right  of  freedom of trade, intentional fault or negligence, resort  to unlawful means and act contrary to professional ethics and in general, fulfillment of conditions of compensation of loss according to governing rules in legal systems, commercial rivals have tortious liability within the framework of traditional principles of tort law. nowadays, day by day, cases of...

Much of the medical liability debate has revolved around limiting the incentives for pursuing potentially costly litigation against physicians, hospitals, and other healthcare providers. States have experimented with refinement of the tort systems with measures such as damage caps, joint-and-several liability rules, and statute-of-limitation restrictions with mixed success. Proponents of such m...