Law Commons^™

The Fire Rises: Refining The Pennsylvania Fireworks Law So That Fewer People Get Burned, Sean P. Kraus

Dickinson Law Review (2017-Present)

On October 30, 2017, the General Assembly of Pennsylvania passed an act that repealed the state’s fireworks law, which had prohibited the sale of most fireworks to Pennsylvanian consumers for nearly 80 years. The law’s replacement generally permits Pennsylvanians over 18 years old to purchase, possess, and use “Consumer Fireworks.” Bottle rockets, firecrackers, Roman candles, and aerial shells are now available to amateur celebrants for holidays like Independence Day and New Year’s Eve. The law also regulates a category of larger “Display Fireworks,” sets standards for fireworks vendors, and introduces a 12-percent excise tax on fireworks sales that serves to …

Twelve Injured Men: Why Injured Jurors Should Not Receive Workers' Compensation Coverage From The Courts, Corey Baron

St. John's Law Review

(Excerpt)

This Note argues that the legislature should add a provision to New York’s Workers’ Compensation Act that expressly precludes jurors from coverage. Such a provision would comport with the policy underlying the statute, the statute’s structure, and the statute’s language. Moreover, that legislative provision would prevent the court from wasting the considerable time and expense of grappling with other courts’ inconsistent interpretations of workers’ compensation statutes and their underlying policies. First, Part I of this Note provides an overview of the workers’ compensation law and explores the policies underlying the advent of workers’ compensation statutes. Then, Part II surveys …

Analyzing The Virginia Workers' Compensation Act's Governance Of Employer Non-Compliance, D. Paul Holdsworth

University of Richmond Law Review

No abstract provided.

Motorcycle Helmet Effectiveness In Reducing Head, Face And Brain Injuries By State And Helmet Law, Cody S. Olsen, Andrea M. Thomas, Michael Singleton, Anna M. Gaichas, Tracy J. Smith, Gary A. Smith, Justin Peng, Michael J. Bauer, Ming Qu, Denise Yeager, Timothy Kerns, Cynthia Burch, Lawrence J. Cook

Biostatistics Faculty Publications

Background: Despite evidence that motorcycle helmets reduce morbidity and mortality, helmet laws and rates of helmet use vary by state in the U.S.

Methods: We pooled data from eleven states: five with universal laws requiring all motorcyclists to wear a helmet, and six with partial laws requiring only a subset of motorcyclists to wear a helmet. Data were combined in the Crash Outcome Data Evaluation System's General Use Model and included motorcycle crash records probabilistically linked to emergency department and inpatient discharges for years 2005-2008. Medical outcomes were compared between partial and universal helmet law settings. We estimated adjusted relative …

Negligent Infliction Of Emotional Distress: A Proposal For A Consistent Theory Of Tort Recovery For Bystanders And Direct Victims, Julie A. Greenberg

Pepperdine Law Review

No abstract provided.

Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon

Pepperdine Law Review

No abstract provided.

Punitive Damages In Texas: Examining The Need For A Split-Recovery Statute., Meredith Matheson Thoms

St. Mary's Law Journal

As a result of the increasing number and amounts of punitive damage awards, a call for reform is much warranted. Reformers and legislators continue to seek out measures to effectively limit excessive punitive damage awards and deter unnecessary and frivolous litigation. But they must consider not only the effects of the statutes but also the purposes they will serve. Split-recovery statutes can become valuable reform tool which will continue to serve the goals of punishment and retribution attached to punitive damages as well as deterrence. Split-recovery statutes arguably enlarge government, but they also serve a valuable purpose in furthering the …

Selected Legal Issues Relating To Application Of American Water Development, Inc., Case No. 86 Cw 46, Water Division No. 3, Colorado, Charles B. White

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

13 pages.

Engineering And Hydrologic Issues In Changing Water Uses, Leonard Rice

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

26 pages (includes maps, charts and illustrations).

Contains references (page 18).

Agenda: Colorado Water Issues And Options: The 90'S And Beyond: Toward Maximum Beneficial Use Of Colorado's Water Resources, University Of Colorado Boulder. Natural Resources Law Center, Colorado Water Resources Research Institute. Cooperative Extension Service

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

Presented by Natural Resources Law Center, University of Colorado School of Law and Cooperative Extension Service, Colorado Water Resources Research Institute, Colorado State University.

Conference organizers and/or speakers included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches and Stephen F. Williams.

The conference theme is "Toward Maximum Beneficial Use of Colorado's Water Resources." The purpose of the conference is to provide a forum for public discussion of Colorado's system of water law and administration and to make recommendations for future action.

Innocent Injury And Loss Distribution: The Florida Pure Comparative Negligence System, Vincent S. Walkowiak

Florida State University Law Review

No abstract provided.

Comparative Negligence And Automobile Liability Insurance, Cornelius J. Peck

Michigan Law Review

The purpose of this article is not to re-plow the ground of history, case law, and statutory developments which has been so competently tilled by others. Nor is the purpose to give a detailed consideration of each of the practical matters mentioned above. Instead, the focus of this article is on the relationship between comparative negligence and automobile liability insurance. Insurance rates and accident statistics, rather than rules of law and cases, are the primary materials. Such a consideration of the subject it might be hoped would give a positive and substantiated answer to the frequently debated but never documented …

Municipal Corporations-Tort Liability-Failure To Replace Damaged Traffic Signal, Wendell B. Will

Michigan Law Review

A city failed to replace a damaged traffic signal. A motorist entered the intersection against the inoperative light and injured a driver who had entered the intersection relying on a functioning green signal. Held, the city was negligent in the exercise of a corporate duty, as distinguished from a governmental function, and, as the negligence was the proximate cause of the injury, was liable. Johnston v. City of East Moline, 405 Ill. 460, 91 N.E. (2d) 401 (1950).

Criminal Law-A Study Of Statutory Blackmail And Extortion In The Several States, Alice Kramer Griep

Michigan Law Review

In attempting to define the crime of extortion or blackmail, it must be pointed out at the outset that there is a technical crime known as extortion, which stems from the common law, and there is another statutory crime which may be called extortion or blackmail, this latter crime being what the lawyer and laymen usually refer to by the term blackmail. Extortion at common law was the unlawful taking by an officer, by color of his office, of any money or thing of value that was not due him, or more than was due, or before it was due. …