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Full-Text Articles in Law

Fostering Mutual Respect And Cooperation Between State Courts And State Legislatures: A Sound Alternative To A Tort Tug Of War, Victor E. Schwartz, Mark A. Behrens, Monica G. Parham Sep 2000

Fostering Mutual Respect And Cooperation Between State Courts And State Legislatures: A Sound Alternative To A Tort Tug Of War, Victor E. Schwartz, Mark A. Behrens, Monica G. Parham

West Virginia Law Review

No abstract provided.


"Waive" Goodbye To Tort Liability: A Proposal To Remove Paternalism From Product Sales Transactions, Richard C. Ausness Jan 2000

"Waive" Goodbye To Tort Liability: A Proposal To Remove Paternalism From Product Sales Transactions, Richard C. Ausness

San Diego Law Review

This Article argues that waivers of tort liability should be permitted in connection with product sales. Currently, sellers cannot limit their liability under tort law for personal injuries caused by defective products even though such waivers are allowed, albeit reluctantly, under principles of negligence and warranty law.


Wrongful Birth And Wrongful Conception: A Parent's Need For A Cause Of Action, Mary B. Sullivan Jan 2000

Wrongful Birth And Wrongful Conception: A Parent's Need For A Cause Of Action, Mary B. Sullivan

Journal of Law and Health

The purpose of this note is to demonstrate the need for wrongful birth and wrongful conception claims. Arguments have been made that these claims should be combined into one cause of action. The rationale for this argument is that by combining the two claims, chaos in the courts will be reduced. This note will show the need to maintain these claims as separate from one another. This note also demonstrates the proper stance of the courts in rejecting the wrongful life cause of action. Part II of this note gives an overview of medical malpractice and the claims of wrongful …