Federal Tort Liability for Experimental Activity: United States. Torts. Federal Tort Claims Act. "Discretionary Function" Exception and Experimental Activity. Res Ipsa Loquitur and State Secrets

1954 ◽  
Vol 6 (4) ◽  
pp. 734 ◽  
1955 ◽  
Vol 55 (1) ◽  
pp. 1
Author(s):  
Walter Gellhorn ◽  
Louis Lauer

2011 ◽  
Vol 11 (3) ◽  
pp. 579-587 ◽  
Author(s):  
Karima Bennoune

AbstractThis article analyses Jane Doe v. Islamic Salvation Front et al., an Alien Tort Claims Act (ATCA) case brought in the United States by the late Rhonda Copelon, a leading feminist international lawyer. Bennoune explores the experiences of the Jane Doe plaintiffs, exposing the limited legal avenues that were available to them at the time. She finds that Copelon's creative ATCA litigation strategy embodied a symbolic, feminist act in the paradoxical quest for justice, armed with the knowledge that it would likely become a losing battle. The article ultimately shows that the ACTA litigation, even if unsuccessful in the end, recognised that non-state actors can harm human rights, and provided a powerful avenue for expressing plaintiffs' grievances when no other court would hear them.


2011 ◽  
Vol 29 (2) ◽  
pp. 375-417
Author(s):  
Sachin S. Pandya

This article studies the rise and fall of the first liability insurance cartel in the United States. In 1886, insurance companies in America began selling liability insurance for personal injury accidents, primarily to cover business tort liability for employee accidents at work and non-employee injuries occasioned by their business operations. In 1896, the leading liability insurers agreed to fix premium rates and share information on policyholder losses. In 1906, this cartel fell apart.


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