Law Commons^™

“Private Law And Public Goals: The Continuing Importance Of The Action For Breach Of Statutory Duty” (Paper Presented At The Obligations Iv Conference, Singapore, 23-25 July 2008), Neil J. Foster

Neil J Foster

The tort action for Breach of Statutory Duty seems to provide the perfect intersection between the goals of private law and “public” goals as determined by legislation. But the question as to when, in what circumstances, and why, a civil action should be available to a claimant whose statutory rights have been breached continues to be agitated. In one common law jurisdiction, Canada, the action has been effectively abolished by judicial fiat. But in others it continues to play an important role, sometimes in matters of seemingly “low status” but great importance to the person concerned (such as injured workers), …

Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.

Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.

Operationalizing Deterrence: Claims Management (In Hospitals, A Large Retailer, And Jails And Prisons), Margo Schlanger

Margo Schlanger

No abstract provided.

Institutes Of Higher Education, Safety Swords, And Privacy Shields: Reconciling Ferpa And The Common Law, Stephanie D. Humphries

Stephanie D Humphries

In light of the Virginia Tech shootings, this Note argues that both FERPA and the common law contain internal tensions regarding safety and privacy that neither Congress nor the courts have adequately reconciled, and that important discrepancies regarding information sharing exist between IHEs' practices, the common law's demands, and FERPA's limitations.

Part I provides background on FERPA and argues that FERPA's emergency exception is too narrow and confusing, so that IHEs default to the nondisclosure option rather than disclosing information to third parties, such as parents, when students threaten to harm themselves or others. At the same time, FERPA's tax …