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Making Preconception Tort Theory Crisper, Mark Strasser
Making Preconception Tort Theory Crisper, Mark Strasser
Marquette Law Review
More and more individuals seeking to expand their families make use of
someone else’s gametes to help create a child. Unsurprisingly, those
considering the use of donated or purchased gametes often seek reassurance
that the use of those gametes will not create an increased risk that a child
thereby produced will have a severe disease. Sometimes, because of negligence
or recklessness, gametes are used that result in children having severe disease
where that outcome would have been avoided though the use of reasonable
care. Regrettably, courts addressing whether liability may be imposed in such
cases have sometimes misunderstood and misapplied …
The Burdens Of All: Progressive Origins Of Accident Cost Socialization In Tort Law, 1870-1920, Joseph A. Ranney
The Burdens Of All: Progressive Origins Of Accident Cost Socialization In Tort Law, 1870-1920, Joseph A. Ranney
Marquette Law Review
Scholars who have studied the Progressive Movement’s contributions to
American law have paid little attention to its impact on tort law. This Article
helps fill the gap by examining the ways in which Progressivism shaped the rise
of employer liability law, workers compensation, and comparative negligence
during the late-nineteenth and early-twentieth centuries. The Article places
these reforms within the broader social history of American tort law—a
gradual, often tortuous transition from free-labor beliefs that the law should
encourage personal responsibility and economic growth above all else to a
realization that injuries are an unavoidable cost of economic modernization,
accompanied by …
12 Angry Men V. The Agency: Why Preemption Should Resolve This Conflict In Drug Labeling Litigation, Michelle L. Richards
12 Angry Men V. The Agency: Why Preemption Should Resolve This Conflict In Drug Labeling Litigation, Michelle L. Richards
Marquette Law Review
The Supreme Court has found in favor of preemption in tort liability cases involving matters of heavy federal regulation in which Congress has delegated implementation of a statute involving technical subject matter to the agency. It has not been the case, however, in matters concerning the labeling of prescription drugs, despite the fact that the FDA has exclusively regulated drug labeling for more than a century. In fact, the current state of affairs now allows a jury to substitute the judgment of the FDA in approving a label on a name-brand drug for their own in state law failure to …
Managing Risk In Interscholastic Athletic Programs: 14 Legal Duties Of Care, Janis K. Doleschal
Managing Risk In Interscholastic Athletic Programs: 14 Legal Duties Of Care, Janis K. Doleschal
Marquette Sports Law Review
No abstract provided.
Avila V. Citrus Community College District: Shaping The Contours Of Immunity And Primary Assumption Of The Risk, Timothy Davis
Avila V. Citrus Community College District: Shaping The Contours Of Immunity And Primary Assumption Of The Risk, Timothy Davis
Marquette Sports Law Review
No abstract provided.
Deterring Player Holdouts: Who Should Do It, How To Do It, And Why It Has To Be Done, Basil M. Loeb
Deterring Player Holdouts: Who Should Do It, How To Do It, And Why It Has To Be Done, Basil M. Loeb
Marquette Sports Law Review
No abstract provided.
Golf And Torts: An Interesting Twosome, John J. Kircher
Golf And Torts: An Interesting Twosome, John J. Kircher
Marquette Sports Law Review
No abstract provided.