Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Assault (1)
- Authority to arrest (1)
- Bail bond system (1)
- Battered women syndrome (1)
- Civil litigation (1)
-
- Court reporting (1)
- Criminal law (1)
- Defense (1)
- Desert damages (1)
- Deterrence (1)
- Deterrent damages (1)
- Domestic violence (1)
- Ethics (1)
- Exemplary damages (1)
- Freedom of the press (1)
- Garland v. Herrin (1)
- Independent tort (1)
- Journalism (1)
- Judicial proceedings (1)
- Negligent infliction of emotional distress (1)
- Ohio (1)
- Pecuniary loss rule (1)
- Property law (1)
- Psychic harm. Intentional infliction of emotional distress (1)
- Punitive damages (1)
- Reciprocal damages (1)
- Reckless infliction of emotional distress (1)
- Retribution (1)
- Role of punitive damages (1)
- Section 1983 liability (1)
Articles 1 - 7 of 7
Full-Text Articles in Entire DC Network
Sanctions Or Tort? A Review Of Ohio's Treatment Of Independent Causes Of Action For Spoliation Of Evidence, Justin J. Hawal
Sanctions Or Tort? A Review Of Ohio's Treatment Of Independent Causes Of Action For Spoliation Of Evidence, Justin J. Hawal
Cleveland State Law Review
The Note that follows will explore the different variations of independent torts for spoliation as well as various policy arguments used by supporters and critics of the torts. Specifically, Section II of this Note will explore the history behind the recognition of independent torts for spoliation. Section III will explain the traditional remedies courts have used to combat spoliation of evidence, and Section IV will detail the various forms of the spoliation tort. Section V of this paper will examine various policy arguments employed by supporters and detractors of the torts. Section VI will examine Ohio’s treatment of the various …
Battered Women Syndrome As A Tort Cause Of Action, Heather Tonsing
Battered Women Syndrome As A Tort Cause Of Action, Heather Tonsing
Journal of Law and Health
The focus of this Note is the upcoming development of a new tort cause of action which would afford battered women full recovery and also help alleviate a growing public health epidemic. This Note argues that battered women syndrome is a valid psychological theory which has a place in civil litigation as a recognized cause of action. Although the theory is criticized by feminist scholars who believe that the testimony may perpetuate gender bias in criminal trials, the syndrome is still advantageous for women seeking redress in civil courts. Part I examines the phenomenon of battered women syndrome and its …
Punishment: The Civil Perspective Of Punitive Damages, Bailey Kuklin
Punishment: The Civil Perspective Of Punitive Damages, Bailey Kuklin
Cleveland State Law Review
Punitive, or exemplary damages, have been recognized in the Anglo-American common law systems for two centuries. This Article explores the consequences of treating punitive damages as a private means of punishment. Light is shed on the controversies surrounding, first, the attempt to adopt a standard of punishment, private or public, and second, to apply such a standard. The concentration on punitive damages for this exploratory undertaking, instead of criminal sanctions, avoids the need to account for additional imputed public penal purposes, such as rehabilitation and isolation. As a preliminary matter, the emphasis of this Article should be made clear. The …
Garland V. Herrin: Surviving Parents' Remedies For A Child's Wrongful Death - The Pecuniary-Loss Rule And Reckless Infliction Of Emotional Distress, Kathleen Keogh Miller
Garland V. Herrin: Surviving Parents' Remedies For A Child's Wrongful Death - The Pecuniary-Loss Rule And Reckless Infliction Of Emotional Distress, Kathleen Keogh Miller
Cleveland State Law Review
The parents of Bonnie Garland are only two of the innumerable third-party victims who have suffered from the wrongful death of a child. Because the "emotional distress" suffered by the Garlands was comprised of so many elements, the wrongful death of their child provides a framework for analyzing all the harms engendered within the term "emotional distress" and the availability of civil remedies for each of those "separable" harms. The tragedy of the Garlands will be used as a vehicle to assess the success of legislatures and courts in enacting and interpreting wrongful death statutes. The important question becomes whether …
The Professional Bondsman: A State Action Analysis, Jim Michael Hansen
The Professional Bondsman: A State Action Analysis, Jim Michael Hansen
Cleveland State Law Review
Principals who have been subjected to illegal or excessive arrest procedures by the bondsman have secured only minimal redress in state judicial forums upon initiating tort actions founded upon false imprisonment, trespass and assault and battery. This Article will explore how an abused principal can attempt to secure legal redress in the federal forum, utilizing 42 U.S.C. § 1983.
Duty To Light Exterior Of Premises, Ralph J. Rosenthal
Duty To Light Exterior Of Premises, Ralph J. Rosenthal
Cleveland State Law Review
This paper will discuss the impact of lighting upon crime and crime prevention; and propose that there be recognized a general common law duty upon landowners to exercise reasonable care to maintain the means of ingress and egress to their property, over which they retain control, adequately lighted; and be liable for personal injuries due to inadequate lighting. For the purposes of this paper, distinctions among the various classes of entrants upon land, i.e., trespassers, licensees, invitees, etc., will not be considered as material. In part it is beyond the scope of this paper, and in part it is due …
Newspaper Interference In Judicial Proceedings, John Vamis
Newspaper Interference In Judicial Proceedings, John Vamis
Cleveland State Law Review
Emphasis has been put on situations which appear to indicate that the press has been, at the very least, over-aggressive in its operations. As has been shown, considerable leeway is accorded the press in its activity, even where it conflicts with the fair administration of justice. Although the courts will enforce penalties for clear violation of the fair administration of justice, the facts must spell out a clear and imminent danger. As to the individual, there does not presently appear to beany clear provision of legal remedy for newspaper interference with individual rights, except in the civil or criminal libel …