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AbstractI plan to spend most of my time today setting forth the details of an episode in the mid twentieth-century history of American tort law, from which I intend to draw some observations on the place of history in tort law, or, put more precisely, the relationship between tort law and its...
AbstractWaves of technological change explain the most important transformations of American tort law. In this Article, I begin by examining historical instances of this linkage. Following the Industrial Revolution, for example, machines, no longer humans and animals, powered production. With...
AbstractUsing tort law’s treatment of claims for domestic violence and sexual assault as examples, this essay identifies prominent features of a feminist historical approach to law to demonstrate how gender inequality is reproduced over time, despite changes in legal doctrine. When informed by...
AbstractIn the landmark case of MacPherson v. Buick, an automobilecompany was held liable for negligence notwithstanding a lack of privity withthe injured driver. Four decades later, in Henningsenv. Bloomfield Motors, the court held unconscionable the standard automobilecompany warranty which...
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