Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- UIC School of Law (9)
- University of San Diego (8)
- University of Kentucky (4)
- Vanderbilt University Law School (4)
- Loyola University Chicago, School of Law (3)
-
- University of Baltimore Law (3)
- Villanova University Charles Widger School of Law (3)
- Washington and Lee University School of Law (3)
- West Virginia University (3)
- William & Mary Law School (3)
- Campbell University School of Law (2)
- Florida State University College of Law (2)
- Fordham Law School (2)
- North Carolina Central University School of Law (2)
- Seattle University School of Law (2)
- University at Buffalo School of Law (2)
- University of Michigan Law School (2)
- University of Richmond (2)
- Brigham Young University Law School (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Miami Law School (1)
- University of Washington School of Law (1)
- Keyword
-
- Torts (7)
- Comparative negligence (2)
- Federal Tort Claims Act (2)
- Freedom of religion (2)
- Liability (2)
-
- Negligence (2)
- Product Liability (2)
- Tort (2)
- Wrongful death (2)
- Physicians (1)
- ATM (1)
- Aircraft Accident Investigations (1)
- Aircraft hijacking (1)
- Airplanes (1)
- Anhold v. Daniels (1)
- Appropriation Tort (1)
- Automated teller machine (1)
- Banks (1)
- Bose Corp. v. Consumers Union of the United States (1)
- Career liability (1)
- Carmen v. Eli Lilly & Co. (1)
- Casebook (1)
- Cefalu v. Globe Newspaper Co. (1)
- Celebrities (1)
- Charlottesville Newspaper. v. Matthews (1)
- Chaves v. Johnson (1)
- Choice of-law rule (1)
- Clergy (1)
- Collatoral source rule (1)
- Common law (1)
- Publication
-
- UIC Law Review (9)
- San Diego Law Review (8)
- Kentucky Law Journal (4)
- Loyola University Chicago Law Journal (3)
- University of Baltimore Law Review (3)
-
- Vanderbilt Law Review (3)
- Villanova Law Review (3)
- Washington and Lee Law Review (3)
- West Virginia Law Review (3)
- William & Mary Law Review (3)
- Buffalo Law Review (2)
- Campbell Law Review (2)
- Florida State University Law Review (2)
- Fordham Urban Law Journal (2)
- North Carolina Central Law Review (2)
- Seattle University Law Review (2)
- University of Richmond Law Review (2)
- BYU Law Review (1)
- Indiana Law Journal (1)
- Michigan Law Review (1)
- NYLS Journal of International and Comparative Law (1)
- Touro Law Review (1)
- University of Arkansas at Little Rock Law Review (1)
- University of Miami Law Review (1)
- University of Michigan Journal of Law Reform (1)
- Vanderbilt Journal of Transnational Law (1)
- Washington Law Review (1)
Articles 1 - 30 of 66
Full-Text Articles in Law
Abusing The Patient: Medicare Fraud And Abuse And Hospital-Physician Incentive Plans, Kathryn A. Krecke
Abusing The Patient: Medicare Fraud And Abuse And Hospital-Physician Incentive Plans, Kathryn A. Krecke
University of Michigan Journal of Law Reform
Part I provides a background discussion of the PPS, DRGs, and incentive plans. Part II focuses on the fraud and abuse provisions of the Medicare statute and argues that incentive plans violate the plain language · of the statute, which prohibits any knowing and willful remuneration for the inducement of referrals. Part III concentrates on the fraudulent and abusive practices that incentive plans encourage. The plans frustrate legislative intent because they encourage practices that subvert the cost-containment purposes of the PPS and have an adverse effect on patient care.
Celebrities And The First Amendment: Broader Protection Against The Unauthorized Publication Of Photographs, D. Scott Gurney
Celebrities And The First Amendment: Broader Protection Against The Unauthorized Publication Of Photographs, D. Scott Gurney
Indiana Law Journal
No abstract provided.
Beyond Bradley: A Critique Of Comparative Contribution In West Virginia And Proposals For Legislative Reform, James B. Stoneking
Beyond Bradley: A Critique Of Comparative Contribution In West Virginia And Proposals For Legislative Reform, James B. Stoneking
West Virginia Law Review
No abstract provided.
Ammunition For Victims Of Saturday Night Specials: Manufacturer Liability Under Kelley V. R.G. Industries, Inc
Washington and Lee Law Review
No abstract provided.
Liability Of A Public Officer For Nonfeasance Under 42 U.S.C. § 1983
Liability Of A Public Officer For Nonfeasance Under 42 U.S.C. § 1983
Washington and Lee Law Review
No abstract provided.
Guest Statute Applicability To Motor Driven Golf Carts
Guest Statute Applicability To Motor Driven Golf Carts
Washington and Lee Law Review
No abstract provided.
Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck
Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck
West Virginia Law Review
No abstract provided.
No Pain—No Gain—Should Personal Injury Damages Keep Their Tax Exempt Status, Douglas K. Chapman
No Pain—No Gain—Should Personal Injury Damages Keep Their Tax Exempt Status, Douglas K. Chapman
University of Arkansas at Little Rock Law Review
No abstract provided.
Intentional Infliction Of Emotional Distress By Spiritual Counselors: Can Outrageous Conduct Be "Free Exercise"?, Lee W. Brooks
Intentional Infliction Of Emotional Distress By Spiritual Counselors: Can Outrageous Conduct Be "Free Exercise"?, Lee W. Brooks
Michigan Law Review
Part I explains the extent to which courts are competent to decide the threshold question of whether particular conduct is religious. Part II describes the balancing test put forward by the Supreme Court for evaluating free exercise claims, and derives criteria relevant to spiritual counseling from cases involving such claims. Part III summarizes the pertinent criteria and reviews the ways they may be employed to systematize the treatment of spiritual counseling cases.
Alternatives To Manufacturer Liability For Injuries Caused By The Sabin-Type Oral Polio Vaccines, Faye F. Spence
Alternatives To Manufacturer Liability For Injuries Caused By The Sabin-Type Oral Polio Vaccines, Faye F. Spence
William & Mary Law Review
No abstract provided.
Bad Faith Breach Of Contract: Should This Infant Tort Be Allowed To Grow In North Carolina, Darrell Pope
Bad Faith Breach Of Contract: Should This Infant Tort Be Allowed To Grow In North Carolina, Darrell Pope
North Carolina Central Law Review
No abstract provided.
By What Measure: The Issue Of Damages For Wrongful Pregnancy, Ada F. Most
By What Measure: The Issue Of Damages For Wrongful Pregnancy, Ada F. Most
North Carolina Central Law Review
No abstract provided.
Keepers Of The Flame: Prosser And Keeton On The Law Of Torts, Craig Joyce
Keepers Of The Flame: Prosser And Keeton On The Law Of Torts, Craig Joyce
Vanderbilt Law Review
Rarely in the history of American legal education has one author's name been so clearly identified with his subject as the name of William L. Prosser is with the law of torts. Even today, fourteen years after his death in 1972, "Prosser on Torts" remains in the minds of students, teachers, the bench, and the bar alike a single thought, its parts indistinguishable one from the other. Indeed, the passage of time has done nothing to diminish the influence of the man on the subject. His articles remain landmarks in the development both of the literature of torts and of …
Tort Law Reform: Strict Liability And The Collateral Source Rule Do Not Mix, Victor E. Schwartz
Tort Law Reform: Strict Liability And The Collateral Source Rule Do Not Mix, Victor E. Schwartz
Vanderbilt Law Review
The imposition of strict liability and the simultaneous application of the collateral source rule to innocent defendants represent unfair and unsound public policy. Strict liability and the collateral source rule should not be mixed; nevertheless, our courts inadvertently blend them. A fundamental reform that would help stabilize the American tort law system is to abolish the collateral source rule in to whenever a claimant relies on a strict liability theory.The collateral source rule is appropriate only when a claimant proves that the defendant was at fault in causing an injury. There is a broad view in the United States that …
Enhanced Injury: A Direction For Washington, Stanton Phillip Beck
Enhanced Injury: A Direction For Washington, Stanton Phillip Beck
Washington Law Review
This Comment emphasizes automotive design. This is for two reasons. Most enhanced injury cases arise in this context, and, more significantly, no other product is associated with stronger public policy considerations nor affects society more broadly than the automobile. When faced with a case of first impression involving enhanced injury, courts can and should draw from many sources in developing an approach to the apportionment problem. First, the courts should look to the treatment enhanced injury cases have received in other jurisdictions. Second, they should seek guidance and analogize, if possible, from established tort doctrines. Finally, and most importantly, they …
Mining With Mr. Justice Holmes, E. F. Roberts
Mining With Mr. Justice Holmes, E. F. Roberts
Vanderbilt Law Review
All of us are probably familiar with the notion that the owner of mineral rights may owe some duty of care to support the owner of the fee in his or her surface use of the land. This principle results in a binary system (the surface estate and the right of sup-port) that can be treated easily in tort law. In Pennsylvania the coal companies had owned vast areas of land. The companies had sold much of this land, reserving not only the coal, but "the right to. ..remove the same without incurring in any way liability for any damage …
The Des Manufacturer Identification Problem: A Florida Public Policy Approach, John J. Grundhauser
The Des Manufacturer Identification Problem: A Florida Public Policy Approach, John J. Grundhauser
University of Miami Law Review
No abstract provided.
A Framework For Determining Liability For Negligently Caused Economic Losses, Carl Belliston
A Framework For Determining Liability For Negligently Caused Economic Losses, Carl Belliston
BYU Law Review
No abstract provided.
The Tail Wags The Dog: Judicial Misinterpretation Of The Punitive Damages Ban In The Federal Tort Claims Act, Jeff L. Lewin
The Tail Wags The Dog: Judicial Misinterpretation Of The Punitive Damages Ban In The Federal Tort Claims Act, Jeff L. Lewin
William & Mary Law Review
No abstract provided.
Aircraft Crashworthiness: Should The Courts Set Standards?, Scott G. Lindvall
Aircraft Crashworthiness: Should The Courts Set Standards?, Scott G. Lindvall
William & Mary Law Review
No abstract provided.
Sovereign Immunity-Immovable Property Exception Of The Foreign Sovereign Immunities Act Of 1976 (Asociacion De Reclamantes V. United Mexican States), Frank A. Oswald
Sovereign Immunity-Immovable Property Exception Of The Foreign Sovereign Immunities Act Of 1976 (Asociacion De Reclamantes V. United Mexican States), Frank A. Oswald
NYLS Journal of International and Comparative Law
No abstract provided.
Casenotes: Joint Tort-Feasors — Contribution — Release — Joint Tort-Feasor's Payment For Pro Rata Release In Excess Of Its Pro Rata Share Operated To Satisfy Injured Party's Judgment Entered Against Nonsettling Joint Tort-Feasor. Martinez V. Lopez, 300 Md. 91, 476 A.2d 197 (1984), Daniel R. Lanier
University of Baltimore Law Review
No abstract provided.
Comment: Duty To Warn And The Sophisticated User Defense In Products Liability Cases, Christopher P. Downs
Comment: Duty To Warn And The Sophisticated User Defense In Products Liability Cases, Christopher P. Downs
University of Baltimore Law Review
The sophisticated user defense provides a defense to manufacturers in products liability failure to warn cases. The defense is premised on the theory that a manufacturer has no duty to warn users of the product who have the sophisticated knowledge necessary to understand the risks associated with use of the product. Courts are in disagreement, however, as to the validity of this defense in failure to warn actions. In this comment, the author traces the development of products liability law and analyzes the application of Restatement (Second) of Torts sections 388 and 402A in failure to warn cases. The author …
Product Liability In Maryland: Traditional And Emerging Theories Of Recovery And Defense, Edward S. Digges Jr., John G. Billmyre
Product Liability In Maryland: Traditional And Emerging Theories Of Recovery And Defense, Edward S. Digges Jr., John G. Billmyre
University of Baltimore Law Review
In recent years, product liability law in Maryland and across the country has placed greater responsibility on the manufacturers of products causing injury. In this article, the authors review the traditional theories of manufacturer liability and discuss the novel theories being advanced to expand that liability. Also considered are the defenses available to manufacturers, both traditional and emerging. The authors conclude with the prognosis that because the pendulum has swung so far in the direction of placing greater responsibility on manufacturers, further expansion of manufacturer liability is both unlikely and inappropriate.
Tortious Interference With Visitation Rights: A New And Important Remedy For Non-Custodial Parents, 20 J. Marshall L. Rev. 307 (1986), Lawrence A. Goldman
Tortious Interference With Visitation Rights: A New And Important Remedy For Non-Custodial Parents, 20 J. Marshall L. Rev. 307 (1986), Lawrence A. Goldman
UIC Law Review
No abstract provided.
United States-Based Multinational Corporations Should Be Tried In The United States For Their Extraterritorial Toxic Torts, Dianna B. Shew
United States-Based Multinational Corporations Should Be Tried In The United States For Their Extraterritorial Toxic Torts, Dianna B. Shew
Vanderbilt Journal of Transnational Law
When a foreign plaintiff sues a United States-based multinational for damages resulting from an extraterritorial toxic tort, the case should be tried in United States courts. The courts are assured of personal jurisdiction as long as there are sufficient contacts between the foreign subsidiary and the United States. Dismissal on grounds of forum non conveniens is not desirable because the United States has a vested interest in monitoring and even influencing the behavior of multinationals that do business within its borders. The requisite "adequate alternative forum" is simply not available in some countries. In addition, despite their case backload, United …
Aids: Testing Democracy - Irrational Responses To The Public Health Crisis And The Need For Privacy In Serologic Testing, 19 J. Marshall L. Rev. 835 (1986), Michael L. Closen, Susan Marie Connor, Howard L. Kaufman, Mark E. Wojcik
Aids: Testing Democracy - Irrational Responses To The Public Health Crisis And The Need For Privacy In Serologic Testing, 19 J. Marshall L. Rev. 835 (1986), Michael L. Closen, Susan Marie Connor, Howard L. Kaufman, Mark E. Wojcik
UIC Law Review
No abstract provided.
The Illinois Medical Malpractice Reform Act Of 1985: Illinois Operates Unconstitutionally On Medical Malpractice Victims, 19 J. Marshall L. Rev. 677 (1986), George Pecoulas
UIC Law Review
No abstract provided.
Social Host Liability In Illinois: Right Without A Remedy, 19 J. Marshall L. Rev. 735 (1986), Mark D. Roth
Social Host Liability In Illinois: Right Without A Remedy, 19 J. Marshall L. Rev. 735 (1986), Mark D. Roth
UIC Law Review
No abstract provided.
Stallman V. Youngquist: Parent-Child Tort Immunity: Will Illinois Ever Give This Doctrine The Examination And Analysis It Deserves, 19 J. Marshall L. Rev. 807 (1986), Timothy Mcardle
UIC Law Review
No abstract provided.