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Tournament of Lawyers: The Transformation of the Big Law Firm is part of the scholarly literature that seeks to understand the ongoing metamorphosis of the American legal profession. Authors Marc Galanter and Thomas Palay's basic argument is that traditional law firm promotion practices make...
Persistent link: https://www.econbiz.de/10012961624
That all is not well with tort law cannot seriously be doubted. In Liability: The Legal Revolution and Its Consequences, Peter Huber attempts to chronicle the changes in tort doctrine over the past thirty or so years that have brought tort law to its present crisis, and to prescribe sweeping...
Persistent link: https://www.econbiz.de/10012961625
American tort law should recognize the parent-minor child relationship as a “special relationship.” Imposing an affirmative duty on parents to act to prevent serious harm from occurring to their minor children, despite the Restatement (Third) of Tort's refusal to impose such a duty, keeps...
Persistent link: https://www.econbiz.de/10012966663
The majority of the work necessary to advance the Rule of Law in China is yet to be done. This is particularly the case as it relates to deterring accidents and compensating injuries. The Rule of Law is concerned with much more than the substantive terms of legal provisions. As such, China must...
Persistent link: https://www.econbiz.de/10012966666
The structure of the legal profession and the nature of law practice have changed dramatically during the past quarter of a century. Indeed, the transformation has been so thorough that it is difficult to say with confidence which of the many developments has had the greatest impact on the...
Persistent link: https://www.econbiz.de/10012966667
The Measure of Injury is an intellectual tour de force of gender and race-based jurisprudence applied to critical issues in the law of torts. In this volume, Martha Chamallas and Jennifer B. Wriggins shed light on numerous issues related to law governing accidents and intentional injuries, while...
Persistent link: https://www.econbiz.de/10012966669
Recent years have seen a marked increase in the number of attorneys switching firms, many of whom seek to take with them the business of their former firm's clientele. While the contours of permissible departure-based solicitation were once clearly and narrowly circumscribed by the rules of...
Persistent link: https://www.econbiz.de/10012966670
Patent trolling is a serious legal problem. In addressing patent trolling, disclosure requirements and periodic reporting standards will be critical to minimizing the costs of this controversial practice. Patent trolling, at its most problematic, generally refers to patent infringement...
Persistent link: https://www.econbiz.de/10012966671
In a country such as China, with abundant consumer products and the inevitability of product defects, claims for punitive damages are sure to arise under Article 47 of the new Chinese Tort Law. Article 47 provides that “(w)hereany producer or seller knowingly produces or sells defective...
Persistent link: https://www.econbiz.de/10012966672
The outsourcing of client-related tasks to service providers in other countries is likely to generate malpractice claims against American law firms. This Article discusses the wide range of theories under which an outsourcing American law firm may be liable for its own negligence or for the...
Persistent link: https://www.econbiz.de/10012966673