Why are NonDisclosure Agreements not simply a matter of providing for the liberty interests of the parties to enter into contracts that they choose to make with each other? As a start, we want to offer an analysis of a cornerstone of such contracts, the prescription of agreed damages commonly...

The British Petroleum (BP) Oil Spill and Restitution are irresistible topics for exploration. Just as systems errors combined to cause the disaster m the Gulf of Mexico, the most human of institutions, the law, has struggled to find a proper way to respond. After the blowout, BP struggled to...

Asbestos liability has challenged the tort system since it became clear that exposure to asbestos caused serious, often fatal diseases. Professor Fraley in her Comment has, among other trenchant observations, nicely shown how information on the causal link was established

This article surveys the recent development of contractor liability for defective construction. The "economic loss rule" that precludes damages for economic losses from defective construction remains relatively firm in the U.S. for commercial construction, but has eroded in some jurisdictions...

In this study, we assess practice changes made in response to the threat of tort liability in the field of obstetrics, which has one of the highest levels of premiums, claim frequency, and mean dollar value of paid claims. There is much "conventional wisdom" about effects of tort liability risk...

The concept that doing something to “vent” aggression as a method of reducing aggressive feelings and behaviors, such as watching media violence or playing violent video games, continues to enjoy widespread public support despite a lack of empirical support. This article describes the...