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On determining negligence: Hand formula balancing, the reasonable person standard, and the jury
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INTRODUCTION
This Article evaluates the provisions in the proposed Restatement (Third) of Torts: General Principles (Discussion Draft) ("Discussion Draft") addressing the element of "breach" in the tort of negligence-that is, the provisions that explicate the substantive content of the ne
gligence standard. In light of the continuing debate among tort theorists over the best understanding of negligence, the Discussion Draft's take on negligence is a matter of some importance within the legal academy. Whether it is a matter of much practical importance may be doubted. Under settled American ...
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The hand formula in the draft restatement (third) of torts: Encompassing fairness as well as efficiency values
Magazine article from: Vanderbilt Law Review
; ...General Principles (Discussion Draft) ("Discussion Draft") employs a version of the Learned Hand formula. According to...the current Discussion Draft is deficient in...worry that the Hand formula will inevitably...
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SEN. SANTORUM ANNOUNCES PET ANIMAL WELFARE STATUTE DISCUSSION DRAFT
News Wire article from: US Fed News Service, Including US State News
; ...the imported animals. The discussion draft strengthens and expands the...of changes made to S. 1139 Discussion Draft: 1. Regulation of imports of dogs and cats for resale - The discussion draft further expands the language...
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No child left behind reauthorization discussion draft released.
Newspaper article from: Nation's Cities Weekly
; ...Education and Labor recently distributed a discussion draft of a bill that would reauthorize the...No Child Left Behind (NCLB). The discussion draft focuses solely on Title I, the largest...achievement standards as other students The discussion draft was distributed to education and ...
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DISCUSSION DRAFT LEGISLATION ON GREENHOUSE GAS EMISSIONS FALLS SHORT
News Wire article from: US Fed News Service, Including US State News
; ...today's legislative hearing on a discussion draft bill concerning alternative fuels...SubcommitteeLegislative Hearing on Discussion Draft Concerning Alternative Fuels, Infrastructure...a legislative hearing to examine a discussion draft that you circulated late last Friday...
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New player on a crowded stage: Boucher/Dingell climate change discussion draft released October 7, 2008.(Chairman Rick Boucher and Chairman John Dingell)
News Wire article from: Mondaq Business Briefing
; ...released a climate change legislation discussion draft, and invites comments. On October...on Energy and Commerce released a discussion draft of climate change legislation. The discussion draft, sponsored by Chairman Rick Boucher...
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BARTON, UPTON RELEASE DISCUSSION DRAFT OF DIGITAL TELEVISION TRANSITION ACT
Transcript from: Capitol Hill Press Releases
; ...Immediate Release Barton, Upton Release Discussion Draft of Digital Television Transition Act...Internet Subcommittee, have released a discussion draft of the Digital Television Transition...common sense principle upon which this discussion draft is predicated. "The benefits of...
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SENS. SPECTER, BINGAMAN CIRCULATE DISCUSSION DRAFT ON CLIMATE CHANGE RESOLUTION
News Wire article from: US Fed News Service, Including US State News
; ...harm to the U.S. economy. The discussion draft is based on the principles set forth...While working from their proposed discussion draft, the process is designed to benefit...Senate staff. Attached please find a discussion draft that will form the basis of this process...
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MEMBERS BAND TOGETHER AGAINST DISCUSSION DRAFT LEGISLATION
News Wire article from: US Fed News Service, Including US State News
; ...their concerns about a legislative discussion draft concerning greenhouse gas emissions...members are "disappointed by the discussion draft," saying that it would "lead the...welfare. In addition they note that the discussion draft would block the efforts by 12 states...
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REP. DINGELL ISSUES STATEMENT REGARDING DISCUSSION DRAFT ON PIPELINE SAFETY
News Wire article from: US Fed News Service, Including US State News
; ...ENERGY AND AIR QUALITY HEARING ON A DISCUSSION DRAFT ON THE PIPELINE SAFETY IMPROVEMENT...contributions, as well. I believe this discussion draft is a good first step towards reauthorizing...of pipeline accidents. While this discussion draft does not make sweeping changes to...
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CHAIRMAN MILLER COMMENTS ON 'MILLER/MCKEON DISCUSSION DRAFT OF ESEA REAUTHORIZATION'
News Wire article from: US Fed News Service, Including US State News
; ...committee hearing on "Miller/McKeon Discussion Draft of ESEA Reauthorization" Good morning...Castle and I released a bipartisan discussion draft of the reauthorization legislation...unprecedented step of releasing the bipartisan discussion draft to ensure that the public would have...
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