Law Commons^™

Evidence Of Post-Accident Failures, Modifications And Design Changes In Products Liability Litigation., Don L. Davis

St. Mary's Law Journal

Abstract Forthcoming.

Caveat Viator: The Duty To Wear Seat Belts Under Comparative Negligence Law, John A. Hoglund, A. Peter Parsons

Washington Law Review

The first portion of this article will attempt to show that neither judicial nor legislative reluctance, nor its underlying reasoning, is justifiable in light of the current state of law and society. Substantial evidence will be presented to demonstrate the need for our society to adopt the seat belt habit and for the law to recognize and respond to this societal need. Reactions of courts and legislative bodies to suggestions of mandated use are then explored as a preliminary to an analysis of the common law basis for adoption of the seat belt rule. A careful explanation will then be …

Judicial Examination Of The Accused--A Remedy For The Third Degree, Paul G. Kauper

Michigan Law Review

Reprint from 30 Michigan Law Review 1224.

In its report on "Lawlessness in Law Enforcement" the Wickersham Commission concludes that in the police systems of a number of American municipalities the "third degree" is very generally practiced as a means of extorting from accused persons under arrest confessions, incriminating statements, and other information of value to the police. The conclusion of the Commission confirms the results of private investigation made in the same field. It is true that the methods of inquiry pursued by the Commission leave doubt as to the accuracy of some of the facts reported. But the …

Voluntary Assumption Of Risk And The Gratuitous Passenger, G. J. Skene

Dalhousie Law Journal

In the so-called gratuitous passenger cases, the defence of voluntary assumption of risk, being a complete defence to negligence, has fallen into some disfavour with the courts in recent years, preference having been given to the more moderate defence of contributory negligence with its consequent apportionment of responsibility.' With one exception, 2 this has also proved to be the case in their dealing with a gratuitous passenger's rights against the drunken driver found to be grossly negligent under the motor vehicle legislation. a As a rule, the plea of volenti and that of contributory negligence go together, so that the …

The Assigned Risk In Texas: The Questions Of Agency And Absolute Liability., Timothy Tynan Griesenbeck Jr.

St. Mary's Law Journal

Texas’ Assigned Risk Plan provides motor vehicle liability coverage to high-risk drivers who can’t obtain private insurance. However, there are two unresolved questions concerning assigned risk in Texas. The first is whether an independent insurance broker who drafts a policy for a high-risk driver is the agent of the insured or of the insurer. Several jurisdictions have determined that the assigned risk broker is the agent of the insured, and Texas should follow suit. Generally, the driver contacts a broker to file an application under the Plan with the state. The insurer assigned to the case must issue a policy …

Strict Liability Is Imposed Upon Supplier Of Chattel Under Lease., Frank J. Cavico Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Deterring Misuse Of Confidential Government Information: A Proposed Citizens' Action, Joseph J. Kalo

Michigan Law Review

Part I of this article offers two examples-predicated on historical fact-that illustrate the possible adverse consequences of disclosure of confidential government information. Part I also examines present statutory and regulatory safeguards against such disclosure and analyzes their effect. Part II sets forth a proposal for reducing the possibility that confidential government information will be improperly used and for recouping government losses by means of a citizens' action. when it is so used.

Wood V. Camp, 284 So.2d 691 (Fla. 1973), Florida State University Law Review

Florida State University Law Review

Torts- STANDARD OF CARE- PROPERTY OWNER OWES INVITED LICENSEE DUTY TO DISCOVER AND WARN OF HAZARDOUS CONDITIONS ON PREMISES.

Compensation For Pain: A Reappraisal In Light Of New Medical Evidence, Cornelius J. Peck

Michigan Law Review

The theory that a primary causal link exists between the victim's pain and the tortfeasor's acts provides considerable appeal for the proposition that the wrongdoer should compensate for the victim's pain. However, recent investigations of the phenomenon of pain by disciplines of the health sciences have challenged the medical theory upon which recoveries for pain and suffering are based. The results of that work are of obvious interest to the legal profession, for the new view of pain suggests that the tortfeasor's acts bear only a tangential relationship to the pain that some victims experience. The results thus raise questions …

Private Actions For Public Nuisance: The Standing Problem, Mark A. Rothstein

West Virginia Law Review

From its original function of providing a remedy for the invasion of land rights, the law of nuisance has expanded to encompass a multitude of interferences with the health, safety, and welfare of the public and individuals. Where a nuisance is injurious to the public, the government has a right to sue for its abatement. An individual, however, has traditionally lacked standing to sue for damages or to enjoin a public nuisance where his injury is not distinct in degree and/or in kind from the injury to the public as a whole. While judicial inroads into this restrictive standing requirement …

Torts--Governmental Immunity In West Virginia--Long Live The King, Cynthia L. Turco

West Virginia Law Review

No abstract provided.

New York No Longer Applies The Doctrine Of Imputed Contributory Negligence In Automobile Accident Cases., Robert Hoagland

St. Mary's Law Journal

Abstract Forthcoming.

An Owner Or Occupier Of Land Is Not Liable To Invitees Injured During The Owner's Resistance To Criminal Demands., Dan Ray Waller

St. Mary's Law Journal

Abstract Forthcoming.

Recent Developments, Author Unidentified

Vanderbilt Law Review

The frequent criticism of the strict locality test as the sole determinant of admiralty jurisdiction resulted in the Supreme Court's requirement of a significant relationship with traditional maritime activity in Executive Jet. The Court's failure to give lucid guidance to later courts in applying the new requirement in non-aviation cases was partially remedied by the Fifth Circuit's implementation of the maritime-nexus test utilizing a factor analysis in Kelly. For those courts that follow Kelly, this new interpretation of the test will provide needed guidelines for determining when admiralty should properly exercise jurisdiction. The courts should not limit themselves, however, to …

Torts--Invitees, Licensees And Trespassers--A Trend Towards Abolishing Classification Of Entrants, Stephen R. Brooks

West Virginia Law Review

No abstract provided.

Torts--Expanding The Concept Of Recovery For Mental And Emotional Injury, Jean Karen Dressler

West Virginia Law Review

No abstract provided.

Comparative Negligence, Joel E. Smith, Alan D. Campbell

Washington Law Review

This note will discuss briefly the policy considerations underlying a choice between comparative negligence and contributory negligence, and will attempt to predict the effects, both procedural and substantive, of the new Act on practice in Washington.

Contribution Among Tortfeasors - The Need For Clarification, 8 J. Marshall J. Prac. & Proc. 75 (1974), Don C. Hammer

UIC Law Review

No abstract provided.

Uniform Commercial Code - Section 2-719(3) - Presumption Of Unconscionability On The Part Of Tire Manufacturer For Exclusion Of Liability For Personal Injuries Under Express Warranty Against Blowouts Is Not Rebutted By Proof That The Tire Was Not Defective, Katherine A. Bomba

Villanova Law Review

No abstract provided.

Tort Law- Pennsylvania Abrogates Governmental Immunity, But Refuses To Abolish Sovereign Immunity

University of Richmond Law Review

The fear of judicial legislation' frequently has restrained courts from abrogating the doctrines of sovereign and governmental immunities. While often denounced as "anachronism[s] without rational basis," and as "obsolete vestige[s] of the distant past," the doctrines of governmental and sovereign immunity still remain sacrosanct in a number of jurisdictions. Slightly less than half the jurisdictions have judicially abolished these doctrines. One of the more recurring reasons for the slow demise of these doctrines is the repeated deference of courts to the legislature in this area, either because the immunity is supposedly constitutionally mandated' or because the immunity is so entrenched …

Tort Law- Emotional Disturbances And Resulting Physical Injuries Occasioned By Negligence

University of Richmond Law Review

The early decisions involving negligently inflicted emotional distress and resulting physical injuries generally held that a contemporaneous physical impact was a prerequisite to a right of recovery. This requirement, commonly referred to as the "impact rule," has today been rejected or abrogated in most American jurisdictions. The status of this rule in Virginia has been unclear since the decision of Bowles v. May because of conflicting interpretations

Torts- State Tort Immunity Extended To Administrators And Intern Of State Supported Hospital

University of Richmond Law Review

The doctrine of sovereign immunity as developed in England and adopted in the United States has its roots in feudalism. While it is not clear how this monarchistic doctrine came to be adopted in the new and belligerently democratic republic of America, it has become firmly entrenched in our jurisprudential system. Sovereign immunity as applied to tort actions means that the state, in consequence of its sovereignty, is immune from liability for negligence, except where it has expressly waived immunity by legislative enactment or judicial decision. While the Federal Tort Claims Act waives federal tort immunity in certain situations, the …

Recent Developments In Duties Of Owners And Occupiers Of Land: Wood V. Camp--Florida Imposes Upon Landowners A Standard Of Reasonable Care To "Licensees By Invitation", David A. Koening

Kentucky Law Journal

No abstract provided.

Tort Liability - Vendor-Vendee - A Vendor Of Real Estate Is Not Liable For Injuries Resulting From A Defect On The Premises Which Existed When The Installment Sales Contract Was Entered Into, Even Though There Was Insufficient Time For The Vendee To Repair It Before The Injury - Anderson V. Cosmopolitan National Bank, Lawrence M. Gritton

Loyola University Chicago Law Journal

No abstract provided.

Recent Developments In Tortfeasor Contribution In Illinois, Joseph S. Parisi

Loyola University Chicago Law Journal

No abstract provided.

Worley V. Columbia Gas, Inc.: Advice Of Counsel As A Defense To An Action For Malicious Prosecution--The Kentucky Position, Eric Steven Smith

Kentucky Law Journal

No abstract provided.

Product Liability Law Has Come Of Age, Buell Doelle

Cleveland State Law Review

This article draws out the products liability debate and the push for settlements over litigation in court. The article discusses products liability law, and its origin in politics and unions. It also describes the attorney’s role in products liability cases, and suggests how that role should change in the future. The article concludes by looking at no-fault reparation and the adversarial system.