Vol. 123 No. 6 In this Article we compare the benefits of product liability to its costs and conclude that the case for product liability is weak for a wide range of products. One benefit of product liability is that it can induce firms to improve product safety. Even in the absence of product liability, however, firms would often be motivated by market forces to enhance product safety because their sales may fall if their products harm consumers. Moreover, products must frequently conform to safety regulations. Consequently, product liability might not exert a significant additional influence on product safety for many products – and empirical studies of several widely sold products lend support to this hypothesis.
Vol. 122 No. 4 THE ACTIVIST: JOHN MARSHALL, MARBURY V. MADISON, AND THE MYTH OF JUDICIAL REVIEW. By Lawrence Goldstone. New York, N.Y.: Walker & Co. 2008. Pp....
Vol. 121 No. 4 Table of Contents Introduction Sell v. United States: Forcibly Medicating the Mentally Ill to Stand Trial Booker, the Federal Sentencing Guidelines, and Violent Mentally...
