Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law

The Black Lung Problem, Brian C. Murchison Sep 2015

The Black Lung Problem, Brian C. Murchison

Brian C. Murchison

No abstract provided.


Estates Of Morgan V. Fairfield Family Counseling Center; Application Of Traditional Tort Law Post-Tarasoff, Todd Walker M.D. Jul 2015

Estates Of Morgan V. Fairfield Family Counseling Center; Application Of Traditional Tort Law Post-Tarasoff, Todd Walker M.D.

Akron Law Review

This Note examines the Ohio Supreme Court’s reasoning in Morgan and the legal obligations of the psychotherapist. Section II delineates the background in this area of the law. Section III presents the statement of the case. Finally, Section IV analyzes the Court’s decision. Essentially, the questions to be discussed are (1) whether a duty is owed; (2) if so, to whom that duty is owed; (3) how to discharge that duty; (4) what is the applicable standard of care; and (5) why is it fair (or not) to hold the psychotherapist responsible for consequences that only indirectly affect the patient? …


The Dignity, Rights, And Responsibilities Of The Jury: On The Structure Of Normative Argument, Robert P. Burns Jan 2011

The Dignity, Rights, And Responsibilities Of The Jury: On The Structure Of Normative Argument, Robert P. Burns

Faculty Working Papers

Many theorists follow an inevitably circular method in evaluating legal institutions and practices. "Considered judgments of justice" embedded in practices and institutions in which we have a high level of confidence can serve as partial evidence for the principles with which they are consistent, principles that can then have broader implications. Conversely, principles that we have good reason to embrace can serve as partial justification for institutions and practices with which they are consistent. This is the heart of Rawls' notion of "reflective equilibrium," where we "work at both ends" to justify institutions, practices, and principles. This method is applicable …


Health Law-Informed Consent-Trust Me, I Do This All The Time: Comparative Provider Statistics And Informed Consent In Arkansas, Barrett S. Moore Jul 2009

Health Law-Informed Consent-Trust Me, I Do This All The Time: Comparative Provider Statistics And Informed Consent In Arkansas, Barrett S. Moore

University of Arkansas at Little Rock Law Review

No abstract provided.


Torts - Wrongful Death - Dependent Distributee Need Not Be Totally Dependant Upon Deceased, Mark A. Summers Oct 1972

Torts - Wrongful Death - Dependent Distributee Need Not Be Totally Dependant Upon Deceased, Mark A. Summers

West Virginia Law Review

No abstract provided.


Torts - Liability Of Parent For Acts Of Infant Apr 1934

Torts - Liability Of Parent For Acts Of Infant

Michigan Law Review

Plaintiff, nursemaid, engaged to look after defendant's young daughter, was bitten by the child. She sued the father for her in jury under Article 2318 of the Louisiana Civil Code. In the district court an exception of no cause of action (the equivalent of a general demurrer) was sustained. The exception was based mainly on the grounds that there was no allegation that the father could have prevented the tort; that there was no allegation that the child had previously exhibited a vicious temper, or that defendant had knowledge of such vicious temper; and that the nursemaid had assumed such …


Torts - Negligence - Liability For Damages Accruing To Another By Act Done To Save One's Own Property Mar 1934

Torts - Negligence - Liability For Damages Accruing To Another By Act Done To Save One's Own Property

Michigan Law Review

Defendant was negligent in allowing a wooden barge to be loaded with crude oil without adequate fire protection. After the ship had been set afire by lightning, defendant had it cast adrift to save its wharf from destruction. The floating vessel later damaged plaintiff's property two miles distant. Held, defendant committed an actionable wrong. Swan-Finch Oil Corp. et al. v. Warner-Quinlan Co., (N. J. 1933) 167 Atl. 211.


Presumptions--Burden Of Proof, Victor H. Lane Jan 1919

Presumptions--Burden Of Proof, Victor H. Lane

Articles

The case of Gillett v. Michigan United Traction Co. (Michigan, April 3rd, 1919), 171 N. W. 536, arose out of the following facts: Plaintiff, driving a Ford car with the curtains down, turned from the curb at the side of the street where he had stopped, to cross the interurban car tracks which ran through the center of the street in the city of Marshall, and as he drove his machine upon the track was struck by an interurban car and seriously injured. The evidence established beyond question, negligence of the defendant, by showing that the car was, at the …