Nora Freeman Engstrom is a Professor of Law and the Associate Dean for Curriculum at Stanford Law School, where she writes and teaches about civil procedure, tort law, and legal ethics. This article initially appeared in the Stanford Law School Legal Aggregate. All eyes are on health care. We’re watching Congress take a hammer to the […]
The Director’s Cut
RECALLING TOM LAMBERT Joseph A. Page* One would be hard-pressed to find a more apt exemplification for the term “a hard act to follow” than in the replacement of Roscoe Pound by Thomas F. Lambert, Jr. as Editor-in-Chief of the NACCA Law Journal in 1955. Pound was a giant who stood astride the landscape of […]
Torts in the News Hidden Dangers in Cars Automobiles have been closely tied to the law of torts for a century. There have been many automobile-related lawsuits, ranging from cases involving the operation of cars (who ran the stop sign?) to defects and dangers in the design and manufacture of the automobiles (and other motor […]
The right of trial by jury is one of the jewels of the American system of government. For hundreds of years the right of trial by jury has been seen as a check, not only on the power of government; but also on the influence of the wealthy and powerful, or in today’s parlance, the 1%.
For years the American Chamber of Commerce has waged a war against the civil justice system. It is, after all, no big secret that the American Chamber of Commerce hates trial lawyers, and tort law; hates, in fact, the very idea of a system which hold wrongdoers accountable for causing injury, harm, and death.
November 1998 marked a pivotal moment in the history of cigarettes in the United States. Forty-six states and the four largest tobacco companies reached a landmark settlement that brought sweeping changes to cigarette manufacturers’ practices—and to rates of smoking. Since the settlement, cigarette smoking rates in the United States have been cut nearly in half.
At the beginning of the workday, some workers do not simply arrive and start working. Workers at the Tyson Foods, Inc., plant in Storm Lake, Iowa, first must put on protective and sanitation gear that is necessary for the tasks they are performing that day. The time they spent donning and doffing that gear is at the center of a case that the Supreme Court decided on March 22.
Three of the most important purposes of tort law are: To compensate those who have been wrongly injured; To disclose the acts of wrongdoing that caused or cause harm; To deter wrongdoing in the future. Many of the exhibits at the American Museum of Tort Law reveal how powerful the second factor – disclosure – […]
Flint, Mich., is under national scrutiny because of its contaminated drinking water. Various mismanagement of the city’s drinking water supply has allowed dangerous levels of lead into people’s homes, workplaces, and schools.
In his remarks at the opening of the American Museum of Tort Law, Pulitzer Prize winning historian Eric Foner stated that tort law is “the weapon of the weak.”