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In this Comment, Jennifer Walwyn examines California Penal Code section 12022.53 and the controversy among the California Courts of Appeal surrounding the vicarious application of firearm sentence enhancements to aiders and abettors of gang crime. She explores the traditional doctrines of conspiracy and aider-and-abettor liability and contrasts those doctrines with the operation of statutory...

Some have seen the doctrine of proximate cause as an especially incoherent feature of negligence law. This Article demonstrates that the doctrine is far more regular than many have supposed. Proximate cause is really two doctrines at the same time, one directed toward cases with multiple causes and another directed toward cases with multiple risks. Each doctrine includes distinct paradigms...

The last several decades of tort scholarship in this country reflect enthusiasm favoring strict enterprise liability as the end position toward which American tort law, appropriately enough, is moving. This Article argues that no such trend is underway; negligence does now, and will in the future, dominate tort. Professor Gary Schwartz reached these same conclusions ii a body of work spanning...

This Article pays tribute to Gary Schwartz and other American tort scholars and judges for their contribution to the development of a distinctive Canadian tort law. Several examples of the direct influence of American tort law on Canadian jurisprudence are described as well as some instances where Canadian tort law has resisted the allure of U.S. developments.

According to the National Academy of Sciences' Institute of Medicine (IOM), preventable medial errors are not so much caused by the carelessness of individual physicians, nurses, or other hospital personnel. Rather they are the result of cumulative opportunities for human error inevitable in today's complex medical system. The ICM report calls for shifting attention away from the faults of...

This Article examines the historical scholarship of Gary Schwartz, spanning the Industrial Revolution to the late twentieth century. Schwartz set out to show that the fault principle had far deeper historical roots, both before and during the Industrial Revolution, than prominent American tort scholarship recognized-and correspondingly, that late twentieth-century tort law developments in many...