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Golden Gate University School of Law

Malpractice

Articles 1 - 8 of 8

Full-Text Articles in Law

Legal Profession, William J. Riegger Nov 2010

Legal Profession, William J. Riegger

Cal Law Trends and Developments

No abstract provided.


The Flip Side Of Fetal Protection Policies: Compensating Children Injured Through Parental Exposure To Reproductive Hazards In The Workplace, Valarie Mark Sep 2010

The Flip Side Of Fetal Protection Policies: Compensating Children Injured Through Parental Exposure To Reproductive Hazards In The Workplace, Valarie Mark

Golden Gate University Law Review

The controversy over fetal protection policies has so far centered on the relative rights and responsibilities of the worker, the employer, and the state. This article examines reproductive workplace hazards from the injured child's point of view, advocating compensation for injuries resulting from parental exposure. Part I introduces four policy goals that should be implemented in any compensation system in order to produce an appropriate balance of interests. These goals are: an adequate remedy for injury, equal treatment of male and female workers, incentives for workplace safety, and fairness to employers' economic interests. Part II examines current tort and workers' …


Lawyers, Clients And Sex: Breaking The Silence On The Ethical And Liability Issues, Caroline Forell Sep 2010

Lawyers, Clients And Sex: Breaking The Silence On The Ethical And Liability Issues, Caroline Forell

Golden Gate University Law Review

This paper examines the existing case law concerning attorney-client sexual relationships and the current ethical rules which may be implicated. Because of the inadequacies in the present system, and the serious harm caused to both women clients and the Bar by these inadequacies, I propose changes in how lawyers regulate themselves and how others are compensated for lawyer's sexual misconduct.


Survey: Women And California Law, Carol A. King Sep 2010

Survey: Women And California Law, Carol A. King

Golden Gate University Law Review

This survey of California Law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.


Unnecessary Hysterectomy: The Lack Of Informed Consent, Patricia Quintilian Sep 2010

Unnecessary Hysterectomy: The Lack Of Informed Consent, Patricia Quintilian

Golden Gate University Law Review

Women, as well as men, are socialized to believe that the ethics and expertise of the medical community ensure competent behavior on the part of physicians. This belief, however, is misguided; the evidence indicates that women's health care is grossly inadequate and in dire need of effective external control and regulation. The power necessary for such regulation may be found in the judiciary. Several courses are available to the legal practitioner when faced with claims of medical misconduct. But because profit motivation dominates the health field, the reality of malpractice suits and their accompanying awards may act as an effective …


Tarasoff V. Regents Of The University Of California: Psychotherapists, Policemen And The Duty To Warn - An Unreasonable Extension Of The Common Law?, Robert B. Kaplan Aug 2010

Tarasoff V. Regents Of The University Of California: Psychotherapists, Policemen And The Duty To Warn - An Unreasonable Extension Of The Common Law?, Robert B. Kaplan

Golden Gate University Law Review

No abstract provided.


Three Lessons For Lawyers, Roger Bernhardt, Christine Tour-Sarkissian Nov 2008

Three Lessons For Lawyers, Roger Bernhardt, Christine Tour-Sarkissian

Publications

This article discusses a recent California case illustrating some potential ethical dangers for lawyers as to conflicts of interest, secret profits (while helping a client secure a mortgage loan) and elder abuse claims.


Attorney Fees Clause For Compensation But Not Fraud Claims: Hasler V Howard, 2004, Roger Bernhardt Jan 2004

Attorney Fees Clause For Compensation But Not Fraud Claims: Hasler V Howard, 2004, Roger Bernhardt

Publications

This article discusses a California case holding that an attorney fees clause in a listing agreement limited to actions regarding broker’s compensation did not cover fees incurred by a broker in seller’s failed fraud action.