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This article discusses the American Law Institute's work on the Restatement (Third) of Torts, highlighting the importance of restating various aspects of tort law. The author also explores the connection between positive tort theory and the Restatement, arguing for its incorporation into the project. The text acknowledges the influence of various scholars on the development of tort theory and emphasizes the importance of theoretical explanation and justification in tort law. It discusses the application of positive tort theory in understanding existing tort doctrines and regulating different categories of activities. The author suggests that integrating positive tort theory into the Restatement process would enhance its social value and provide a better understanding of common law rules. [Extracted from the article]

Pharmaceutical claims are arguably the most significant type of product liability cases in the United States. Failure to warn is the primary theory used against pharmaceutical manufacturers, and it can be brought under strict product liability or negligence; the standard is essentially the same under either doctrine. In this descriptive overview of United States law, the authors discuss theories of recovery, causation, damages, defences, procedure, and alternative regulations and remedies. [ABSTRACT FROM AUTHOR]

The article offers information about Benjamin N. Cardozo, former Associate Justice of the Supreme Court of the U.S., who is known for his opinions about torts and contracts. Topics discussed include different aspect of his jurisprudence along with his opinions on the practice of law; and his opinions in which he had the opportunity to evaluate the conduct of lawyers within the practice of law; and his views on civil jury.

The article focuses on doctrine harm-within-the-tortious-risk (HWTRS) and its application in tort of negligence and structure of negligence law and economics of proximate cause. It mentions HWTRS can be easily justified in terms of corrective justice and injury or accident the risk of which rendered the defendant's act wrongful. It also mentions HWTRS excludes from the scope of liability for negligent conduct and excluding from liability.

This paper compares restating tort law in the United States with a recent similar effort in Europe. The authors are affiliated with both the American Law Institute, which prepares US Restatements, and the European Group on Tort Law, which has prepared a similar product entitled Principles of European Tort Law. They compare the different institutions that have engaged in restating work, addressing their founding, history, processes, style, content, and the purposes of the documents that have been drafted. Substantive similarities and differences are explained, as well as the cross-fertilisation that occurred as a result of having several individuals who were involved in both projects. Finally, the paper contrasts the difference in the influence of American Restatements and European harmonisation efforts, explaining differences between the two environments that facilitate or impede the role of these documents in contributing to progressive law reform. [ABSTRACT FROM AUTHOR]

Information about several topics discussed at the symposium titled "Flying Trampolines and Falling Bookcases: Understanding the Third Restatement of Torts" held in the spring of 2010 in the U.S. is presented. It explores the Third Restatement of Torts developed by the American Law Institute (ALI). It highlights the panelist of the symposium which include law professors Michael Green, David Prince and Justice Daryl Hecht.

The article discusses various reports published within the issue including one by Ken Oliphant on issues involving the legal systems in Vienna, Austria, one by Larry Stewart on the controversial aspect of the Third Restatement and another one by Geoffret Rapps on the need to overhaul the treatment of causation in tort restatements.

The article presents the effects of civil jury to the tort law of the U.S. It offers information on the arbitration concerning personal injury torts and product liability. If features the lawsuits filed by consumers against William S. Merrell Co. on the effects and plague caused by the drug thalidomide. Moreover, it presents the action of the Federal Drug Administration (FDA) on the furor caused by thalidomide.

The article discusses the consistency between the Restatements (Second) and (Third) of Torts concerning defects in product designs in the U.S. It explores the contention and conflict on claims regarding the scope of section 402A products liability restatement and how it deals with design defects. The author states the evidence used by professor George Priest in support of his claim that the application of section 402A was confined only to manufacturing defects. He cites the criteria for imposing strict liability under section 3 of the third restatement.

The article presents several papers presented at the Dan B. Dobbs Conference on Economic Tort Law at the University of Arizona on March 3 to 4, 2006. The papers discuss the apportionment of liability as an important development in tort law since liability insurance. It also discusses how the tort law addresses economic loss from the different views of human behavior, economic and legal principles.

Discusses the need for incentives of tort liability to provide adequate deterrence to tame the risks posed by drugs and medical devices in the U.S. Criticism of Professor Robert L. Rabin's argument that compensation might justify continued application of tort law; Developments in the area of federal preemption with regard to medical devices that have given currency to a regulatory compliance defense; Characteristics and properties of drugs and medical devices; Comparative case for a regulatory compliance defense for medical devices.

Examines the existence of a risk-benefit test in the paper ' First Restatement of Torts,' by Francis Bohlen, and the claim that risk-benefit analysis has been the core of negligence for over a century, by focusing on the tort case United States versus Carroll Towing Co. Influence of the case on tort law; Claims of judge Richard Posner on the positive economic theory of tort law; Standard employed for negligence.