The Supreme Court and Our Culture of Irresponsibility

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Abstract

This article chronicles the Supreme Court's expansion of the “culture of irresponsibility,” where institutional defendants are freed from tort liability with no check on the abuse of such immunity. Professor Davis describes the Court's progression toward immunity in products liability decisions of the past decade including East River Steamship, Boyle, Cipollone, and Lohr. Noting the effect of the Court's decisions in promoting institutional irresponsibility, Professor Davis encourages the Court to use its “cultural influence” and reconsider its broad extension of immunity which has spread to situations and institutional defendants the Court never imagined.

Original languageAmerican English
Pages (from-to)1075-1139
JournalWake Forest law review
Volume31
Issue number4
StatePublished - Jan 1 1996

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