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Articles 1 - 30 of 32
Full-Text Articles in Law
Paying The Price For Our Children’S Torts: Exploring Parental Liability Statutes Employed In The South, John Kevin Phillips
Paying The Price For Our Children’S Torts: Exploring Parental Liability Statutes Employed In The South, John Kevin Phillips
ExpressO
The accompanying manuscript explores the historical foundations for the common law imposition of liability upon parents for their child’s torts. The manuscript explores the adoption of the common law rules by Southern states with the exception of Louisiana and illustrates the different approaches employed in the common law versus the civil code. The manuscript then explores the growth of parental liability statutes and the alarming trend towards raising the amount of compensation even to unlimited liability coupled with almost strict liability in some Southern states.
Parental liability statutes continue to grow in importance and controversy. The present manuscript is especially …
Workers' Compensation, Lawrence D. Tarr, Salvatore Lupica
Workers' Compensation, Lawrence D. Tarr, Salvatore Lupica
University of Richmond Law Review
No abstract provided.
The Effects Of Malpractice Tort Reform On Defensive Medicine, Katherine D. Hennesy, Heather M. O'Neill
The Effects Of Malpractice Tort Reform On Defensive Medicine, Katherine D. Hennesy, Heather M. O'Neill
Business and Economics Faculty Publications
Positive defensive medicine occurs when physicians order additional tests or procedures primarily to avoid malpractice liability. This paper shows the degree of defensive medicine occurring across states is related to the malpractice environment in the states. As the environment changes due to malpractice tort reform, defensive medicine practices also change. This paper shows the existence of positive defensive medicine and how it adds to total health care expenditures for head trauma victims in 23 states in 2000. Moreover, given different malpractice environments across states, we witness variations in defensive medicine practices leading to differences in health care expenditures.
From The Cluetrain To The Panopticon: Isp Activity Characterization And Control Of Internet Communications, Eric Evans
From The Cluetrain To The Panopticon: Isp Activity Characterization And Control Of Internet Communications, Eric Evans
Michigan Telecommunications & Technology Law Review
If ISPs are exposed to liability for forwarding others' messages--messages originating with other ISPs or with the ISP's own users--the norm of universal mutual message forwarding that underlies the present operation of the Internet will be threatened. This Note will argue that society presently confronts a choice between a common carrier Internet characterized by universal mutual message forwarding and a monitored and controlled Internet. Part I will describe the underlying rules that govern ISPs' liability for their users' actions. Part II will argue that the present statutory regime governing ISPs' liability for users' copyright infringement includes elements that provide ISPs …
The Responsible Thing To Do About "Responsible Party" Provisions In Nursing Home Agreements: A Proposal For Change On Three Fronts, Katherine C. Pearson
The Responsible Thing To Do About "Responsible Party" Provisions In Nursing Home Agreements: A Proposal For Change On Three Fronts, Katherine C. Pearson
University of Michigan Journal of Law Reform
Nursing homes routinely seek the signature of a family member on nursing home agreements, calling the signer a "responsible party" or sponsor for the resident. Federal Medicare and Medicaid law provides that participating facilities must "not require a third party guarantee of payment to the facility as a condition of admission ...to, or continued stay, in the facility. "Nonetheless, if federal benefits prove to be unavailable, courts are holding responsible parties contractually liable for thousands of dollars for the care of their elders. This Article proposes private and public responses to the increasing likelihood that nursing homes will seek collection …
A Tribute To Retiring Senator Ernest F. Fritz Hollings, James E. Clyburn
A Tribute To Retiring Senator Ernest F. Fritz Hollings, James E. Clyburn
South Carolina Law Review
No abstract provided.
Dow Chemical Co. V. Stephenson: Class Action Catch 22, Sara Maurer
Dow Chemical Co. V. Stephenson: Class Action Catch 22, Sara Maurer
South Carolina Law Review
No abstract provided.
Using Arbitration To Eliminate Consumer Class Actions: Efficient Business Practice Or Unconscionable Abuse?, Jean R. Sternlight, Elizabeth J. Jensen
Using Arbitration To Eliminate Consumer Class Actions: Efficient Business Practice Or Unconscionable Abuse?, Jean R. Sternlight, Elizabeth J. Jensen
Law and Contemporary Problems
Companies are increasingly using arbitral class action prohibitions to insulate themselves from class action liability. These prohibitions are detrimental not only to potential class members but to the public at large in that they are preventing the law from being adequately enforced. In essence, by precluding class actions, companies are engaging in "do-it-yourself tort reform," freeing themselves from liability without having to convince legislatures to change the substantive law.
Relational Economic Loss: An Integrated Economic Justification For The Exclusionary Rule, Ronen Perry
Relational Economic Loss: An Integrated Economic Justification For The Exclusionary Rule, Ronen Perry
Ronen Perry
This article suggests an integrated economic justification for a specific common law rule, which excludes liability in torts for relational economic loss (a concept that I wish to introduce to the American reader). Following a bird's eye view of the law governing relational economic loss in various western jurisdictions I analyze the relevant economic considerations under three headings: efficient deterrence, loss spreading and administrative costs. In the last part I apply the normative conclusions of this analysis to a range of fact-situations in which the relational loss problem arises. My conclusion is that an exclusionary rule, accompanied by a few …
Documento D'Offerta Pubblica E Responsabilità Civile Nel Nuovo Diritto Tedesco, Valerio Sangiovanni
Documento D'Offerta Pubblica E Responsabilità Civile Nel Nuovo Diritto Tedesco, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
Easing The Medical Malpractice Crisis: Restricting The Creation Of Duty Through An Implied Doctor-Patient Relationship, J. Gregory Lennon
Easing The Medical Malpractice Crisis: Restricting The Creation Of Duty Through An Implied Doctor-Patient Relationship, J. Gregory Lennon
Journal of Health Care Law and Policy
No abstract provided.
Oil Pollution Liability And Control Under International Maritime Law, Michael A. De Gennaro
Oil Pollution Liability And Control Under International Maritime Law, Michael A. De Gennaro
Vanderbilt Journal of Transnational Law
Oil spills on the world's oceans and waterways are a significant environmental threats. This Note explores some of the myriad reasons why the law--in both the United States and the international community--has failed adequately to address many of the reasons spills occur in the first instance.
Beginning with a brief history of various pollution control schemes enacted over the past few years, this Note focuses on why the current international legal regimes remain ineffective in combating oil pollution. In essence, this Note argues that the current laws fail because of textual deficiencies, a failure to address the external economic realities …
Bioethical Malpractice: Risk And Responsibility In Human Research, Barbara A. Noah
Bioethical Malpractice: Risk And Responsibility In Human Research, Barbara A. Noah
Journal of Health Care Law and Policy
No abstract provided.
Federal Preemption Of Products Liability Claims, David G. Owen
Federal Preemption Of Products Liability Claims, David G. Owen
South Carolina Law Review
No abstract provided.
Joint And Several Liability In Minnesota: The 2003 Model, Michael K. Steenson
Joint And Several Liability In Minnesota: The 2003 Model, Michael K. Steenson
Faculty Scholarship
The 2003 amendment to Minnesota’s Comparative Act can be assessed in various ways. Whether it will have the economic impact its proponents suggest it will have is a question that is not susceptible of a ready answer now, or perhaps in the immediate future. From a fairness standpoint, any assessment of the amendment has to take into consideration the full reach of the Comparative Fault Act. It is important to understand that on balance the Act works to the disadvantage of the plaintiff in a variety of ways. The plaintiff cannot recover if the plaintiff’s fault is greater than the …
Beyond Market Share Liability: Theory Of Proportional Share Liability For Nonfungible Products, Allen K. Rostron
Beyond Market Share Liability: Theory Of Proportional Share Liability For Nonfungible Products, Allen K. Rostron
Faculty Works
Twenty-five years have passed since courts first adopted market share liability, a theory under which a plaintiff unable to identify the manufacturer of the product that caused his injury can recover on a proportional basis from each manufacturer that might have made the product. Courts have severely restricted the reach of this potentially powerful theory by insisting that it can apply only to products that are perfectly fungible. Most products vary from manufacturer to manufacturer, posing different levels of risk, and therefore do not satisfy the fungibility requirement. As a result, courts have applied market share liability to a very …
Inside The Lines: Basing Negligence Liability In Sports For Safety-Based Rule Violations On The Level Of Play, Erica K. Rosenthal
Inside The Lines: Basing Negligence Liability In Sports For Safety-Based Rule Violations On The Level Of Play, Erica K. Rosenthal
Fordham Law Review
No abstract provided.
Turning Worms: Some Thoughts On Liabilities For Spreading Computer Infections, Richard Owens
Turning Worms: Some Thoughts On Liabilities For Spreading Computer Infections, Richard Owens
Canadian Journal of Law and Technology
Two aspects of the virus/worm liability problem are of particular note. The first is how tightly the Internet binds together many possible defendants; those who build and run it, those who populate it with increasingly complex electronic commerce Web sites, those who provide terminal software, those who send electronic mails, those who design its security algorithms, those who insure it, and those who hack it, amongst others.
The second aspect is how speculative such a review is. Little case law pertains. Even the language of the law(what does it really mean when we assess liability on the basis of a …
Nearly A Decade Later: Revisiting Gustafson And The Status Of Section 12(A)(2) Liability In The Courts - Creative Judicial Developments And A Proposal For Reform, Natasha S. Guinan
Nearly A Decade Later: Revisiting Gustafson And The Status Of Section 12(A)(2) Liability In The Courts - Creative Judicial Developments And A Proposal For Reform, Natasha S. Guinan
Fordham Law Review
No abstract provided.
A Legal Commentary On The National Federation Of High School Associations Track And Field Rules Relating To The Pole Vault, Russ Versteeg
A Legal Commentary On The National Federation Of High School Associations Track And Field Rules Relating To The Pole Vault, Russ Versteeg
Marquette Sports Law Review
No abstract provided.
Snowboarding Liability: Past, Present And Future, Joshua D. Hecht
Snowboarding Liability: Past, Present And Future, Joshua D. Hecht
Marquette Sports Law Review
No abstract provided.
The Avid Sportsman And The Scope For Self-Protection: When Exculpatory Clauses Should Be Enforced, Robert Heidt
The Avid Sportsman And The Scope For Self-Protection: When Exculpatory Clauses Should Be Enforced, Robert Heidt
University of Richmond Law Review
No abstract provided.
Is Sue And Be Sued Language A Clear And Unambiguous Waiver Of Immunity., A. Craig Carter
Is Sue And Be Sued Language A Clear And Unambiguous Waiver Of Immunity., A. Craig Carter
St. Mary's Law Journal
Because “sue and be sued” language is ambiguous at best, courts should not find that this language is a waiver of immunity. Under Texas law, governmental entities—including the state, its agencies, and political subdivisions—are entitled to sovereign immunity from both suit and liability. For sovereign immunity to be applicable to governmental entities, sovereign immunity applies unless the legislature has clearly and unambiguously waived it. Although numerous Texas appellate courts have held that “sue and be sued” language is a waiver of sovereign immunity, the Texas Supreme Court has squarely addressed the issue only once, in Missouri Pacific Railroad Co. v. …
“Lucy In The Sky With Diamonds”: Airline Liability For Checked-In Jewelry, Eloisa Rodriguez-Dod
“Lucy In The Sky With Diamonds”: Airline Liability For Checked-In Jewelry, Eloisa Rodriguez-Dod
Faculty Publications
It is expected that when you arrive at an airport you most likely will have to check in a bag or two. What is not expected, however, is that someone would rummage through your baggage and take your belongings. Unfortunately, this happens frequently. A passenger packs her jewelry in her luggage, checks that luggage in, boards her flight, and never sees that jewelry again. Once she discovers the missing jewelry, her options for recovering the loss are quite limited.
This article examines the history and current state of the law regarding airline liability for passengers’ lost belongings on domestic as …
The Appeal And Limits Of Internal Controls To Fight Fraud, Terrorism, Other Ills, Lawrence A. Cunningham
The Appeal And Limits Of Internal Controls To Fight Fraud, Terrorism, Other Ills, Lawrence A. Cunningham
GW Law Faculty Publications & Other Works
Congress responded in similar ways to 2001's major national crises: bolstering internal controls in corporate America under the Sarbanes-Oxley Act in response to Enron's debacle and imposing internal controls on its financial services industry under the USA PATRIOT Act in response to 9/11's terrorism. These reflexive legislative responses to national crisis fit a pattern of proliferating controls as a first-order policy option dating to the mid-1970s. Documenting this proliferation and untangling the definition of internal controls, this Article attributes the appeal of internal controls as a policy option to systemic forces including the movements for deregulation and cooperative compliance, resistance …
Catching The Money Train: Using The Alien Tort Claims Act To Hold Private Banks Liable For Human Rights Abuses, Elizabeth T. Reichard
Catching The Money Train: Using The Alien Tort Claims Act To Hold Private Banks Liable For Human Rights Abuses, Elizabeth T. Reichard
Case Western Reserve Journal of International Law
No abstract provided.
'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar
'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar
Articles
Incomplete contracts have always been viewed as raising the following challenge for contract law: does the incompleteness-or, "indefiniteness," as it is usually called-rise to such a level that renders the agreement legally unenforceable? When the indefiniteness concerns important terms, it is presumed that the parties have not reached an agreement to which they intend to be bound. This "fundamental policy" is the upshot of the view that "contracts should be made by the parties, not by the courts."' When, in contrast, the indefiniteness concerns less important terms, courts supplement the agreement with gap fillers and enforce the supplemented contract.
Indemnity, Liability, Insolvency, David G. Carlson
Indemnity, Liability, Insolvency, David G. Carlson
Articles
Suppose A has a claim against B. B has a claim over against C. B, however, is insolvent and has not actually paid A. B's only asset is, in fact, B v C. To what extent can C claim that B v C is valueless - that B was not damaged because B was too broke to pay A?
This paper argues that the fundamental legal distinction between indemnity and liability is beginning to dissolve, because B can always pay A (and thereby give value to B v C) by borrowing the amount B owes and using B v C …
Doctors, The Adversary System, And Procedural Reform In Medical Liability Litigation , Catherine T. Struve
Doctors, The Adversary System, And Procedural Reform In Medical Liability Litigation , Catherine T. Struve
Fordham Law Review
No abstract provided.
Mutual Assent Versus Gradual Ascent: The Debate Over The Right To Retract, Omri Ben-Shahar
Mutual Assent Versus Gradual Ascent: The Debate Over The Right To Retract, Omri Ben-Shahar
Articles
I ended Contracts Without Consent: Exploring a New Basis for Contract Liability with a reminder that the analysis was "lacking in rigor and in nuance" and that "[i]t remains for future work to explore the extent to which the approach developed. . . has the horsepower to resolve pragmatically the problems that have proven difficult for current doctrine and to examine whether these solutions advance the various social objectives associated with contract formation." Such "future work" arrived sooner than I expected. I have now had the privilege to read the three commentaries that the University of Pennsylvania Law Review solicited, …