Product Liability and the Politics of Corporate Presence: Identity and Accountability in Macpherson V. Buick

63 Pages Posted: 17 Feb 2003 Last revised: 5 Oct 2010

See all articles by Jonathan D. Kahn

Jonathan D. Kahn

Northeastern University - School of Law; Northeastern University - Center for Law, Innovation and Creativity

Date Written: October 4, 2010

Abstract

This article examines how conceptions of corporate identity are constructed in product liability law. The Article goes back to the early twentieth century to consider how the legal processes and institutions cam to endow corporations with attributes that gave it a specific type of identity. The Article focuses, in particular, on the emergence of the law of product liability and Benjamin Cardozo's path-breaking opinion in MacPherson v. Buick to illustrate how the determination of corporate responsibility and liability in tort rules implicitly, located, shaped, and bounded corporate identity and power in society. The Article further considers how the way tort law invokes concepts of agency, will, and responsiblity may work to establish the identity of a corporation as present in a product as it travels through the national market and thereby serve as a basis for imposing liability upon the corporation.

JEL Classification: K13, K22, N82

Suggested Citation

Kahn, Jonathan D., Product Liability and the Politics of Corporate Presence: Identity and Accountability in Macpherson V. Buick (October 4, 2010). Loyola of Los Angeles Law Review, Vol. 35, No. 3, p. 3, November 2001, Available at SSRN: https://ssrn.com/abstract=361000

Jonathan D. Kahn (Contact Author)

Northeastern University - School of Law ( email )

416 Huntington Avenue
Boston, MA 02115
United States

Northeastern University - Center for Law, Innovation and Creativity

416 Huntington Avenue
Boston, MA 02115
United States

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