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Articles 1 - 30 of 56
Full-Text Articles in Law
Torts, Deron R. Hicks
Product Liability, Franklin P. Brannen Jr., Richard L. Sizemore, Jacob E. Daly
Product Liability, Franklin P. Brannen Jr., Richard L. Sizemore, Jacob E. Daly
Mercer Law Review
This Article surveys recent developments in Georgia product liability law. It covers noteworthy cases decided during the survey period by Georgia appellate courts, the Eleventh Circuit Court of Appeals, and United States district courts located in Georgia. In addition, this Article discusses relevant legislative enactments by the Georgia General Assembly revising the Official Code of Georgia Annotated ("O.C.G.A.").
Accrual Of Causes Of Action In Virginia, James W. Ellerman
Accrual Of Causes Of Action In Virginia, James W. Ellerman
University of Richmond Law Review
This article will examine major issues in Virginia law affecting the accrual of causes of action, specifically in the contexts of contract, tort, and property. In addition to surveying the basic accrual requirements for each area of law, this article will look more deeply into several specific issues that guide an accrual analysis particularly the distinction between causes and rights of action, as well as the continuous treatment, discovery, and economic loss rules.
In Texas, Life Is Cheap, Frank Cross, Charles Silver
In Texas, Life Is Cheap, Frank Cross, Charles Silver
Vanderbilt Law Review
What is the life of a Texan worth? Some might suggest very little. Payments in thousands of tort cases in which Texans died provide some evidence for this hypothesis. Although Texas has been a focus of much of the national controversy over the costs of tort litigation, payments in death cases have seen relatively little disciplined research. Existing research often misses the primary effect of the system because it focuses on trial outcomes rather than settlement payments. This Article provides some evidence of the actual payments made in Texas in death cases, their determinants, and the implications of those findings …
Reassessing Charitable Immunity In Virginia, Carl Tobias
Reassessing Charitable Immunity In Virginia, Carl Tobias
University of Richmond Law Review
No abstract provided.
Don't Ask, Don't Tell: Hipaa's Effect On Informal Discovery In Products Liability And Personal Injury Cases, Daniel M. Roche
Don't Ask, Don't Tell: Hipaa's Effect On Informal Discovery In Products Liability And Personal Injury Cases, Daniel M. Roche
BYU Law Review
No abstract provided.
Common Law Property Metaphors On The Internet: The Real Problem With The Doctrine Of Cybertrespass, Shyamkrishna Balganesh
Common Law Property Metaphors On The Internet: The Real Problem With The Doctrine Of Cybertrespass, Shyamkrishna Balganesh
Michigan Telecommunications & Technology Law Review
The doctrine of cybertrespass represents one of the most recent attempts by courts to apply concepts and principles from the real world to the virtual world of the Internet. A creation of state common law, the doctrine essentially involved extending the tort of trespass to chattels to the electronic world. Consequently, unauthorized electronic interferences are deemed trespassory intrusions and rendered actionable. The present paper aims to undertake a conceptual study of the evolution of the doctrine, examining the doctrinal modifications courts were required to make to mould the doctrine to meet the specificities of cyberspace. It then uses cybertrespass to …
Assumption Of Responsibility And Loss Of Bargain In Tort Law, Russell Brown
Assumption Of Responsibility And Loss Of Bargain In Tort Law, Russell Brown
Dalhousie Law Journal
The author seeks to justify recovery in negligence law for loss of bargain, which is the pure economic loss incurred by a subsequent purchaser of a defective product or building structure in seeking to repair the defect. The difficulty is that the purchaser is not in a relationship of contractual privity with the manufacturer The conflicting approaches in Anglo-American tort law reveal confusion, owing to loss of bargain's dual implication of the law governing pure economic loss and products liability. These difficulties are overcome by drawing from Hedley Byrne's requirements of a defendant's assumption of responsibility and a plaintiff's reasonable …
Theories Of Asbestos Litigation Cost - Why Two Decades Of Procedural Reform Have Failed To Reduce Claimants' Expenses, Jeffrey M. Davidson
Theories Of Asbestos Litigation Cost - Why Two Decades Of Procedural Reform Have Failed To Reduce Claimants' Expenses, Jeffrey M. Davidson
Nevada Law Journal
No abstract provided.
If The Constable Blunders, Does The County Pay?: Liability Under Title 42 U.S.C. § 1983, Andrew Fulkerson
If The Constable Blunders, Does The County Pay?: Liability Under Title 42 U.S.C. § 1983, Andrew Fulkerson
University of Arkansas at Little Rock Law Review
No abstract provided.
What Are We Reforming? Tort Theory's Place In Debates Over Malpractice Reform, John C.P. Goldberg
What Are We Reforming? Tort Theory's Place In Debates Over Malpractice Reform, John C.P. Goldberg
Vanderbilt Law Review
Those who are reforming medical malpractice law, or studying its reform, ought to attend to tort theory. This is not because theory will settle difficult policy debates. But it does enable reformers and scholars to be more aware of how under-appreciated and possibly dubious assumptions or inferences might be skewing their analyses. In this Essay, I aim to make this point with two examples.
My first example concerns under-litigation-the apparent fact that a substantial percentage of persons with injuries plausibly traceable to malpractice never sue their doctors.' Assume this is a real phenomenon. What are we to make of it? …
Predator In The Primary: Applying The Tort Of Negligent Hiring To Volunteers In Religious Organizations, Morgan Fife
Predator In The Primary: Applying The Tort Of Negligent Hiring To Volunteers In Religious Organizations, Morgan Fife
BYU Law Review
No abstract provided.
Another Road To Liability Is Paved With Good Intentions: Observations On The Supreme Court's Latest Word On The Disparate Impact Theory Of Discrimination, Matthew J. Gilley, Antwoine L. Edwards
Another Road To Liability Is Paved With Good Intentions: Observations On The Supreme Court's Latest Word On The Disparate Impact Theory Of Discrimination, Matthew J. Gilley, Antwoine L. Edwards
North Carolina Central Law Review
No abstract provided.
Re-Thinking Whitbread V. Walley: Liberal Justice And The Judicial Review Of Damages Caps Under Section 7 Of The Charter Of Rights And Freedoms, Jeremy Taylor
Dalhousie Law Journal
This paper advances a theoretically-driven reconstruction of s.7 Charter doctrine, which currently precludes protection for personal injury damages. Proceeding from a standpoint built on deontological strains of tort theory, the author dissects the reasoning in Whitbread v. Walley, the governing authority on the applicability of s. 7 to legislated damages caps. In three stages, the author argues that in the contemporary context, theoretical and doctrinal support for Whitbread is weak. First, when tort rights are theorized non-instrumentally, rights to personal injury damages fall squarely within the irreducible sphere of personal autonomy now protected by s. 7. Second, recent developments, both …
Loss Of Potential Parenthood As A Statutory Solution To The Conflict Between Wrongful Death Remedies And Roe V. Wade, Erica Richards
Loss Of Potential Parenthood As A Statutory Solution To The Conflict Between Wrongful Death Remedies And Roe V. Wade, Erica Richards
Washington and Lee Law Review
No abstract provided.
Choice, Consent, And Cycling: The Hidden Limitations Of Consent, Leo Katz
Choice, Consent, And Cycling: The Hidden Limitations Of Consent, Leo Katz
Michigan Law Review
Most legal scholars assume that if V consents to allow D to do something to him, such consent makes D's actions legally and morally acceptable. To be sure, they are willing to make an exception when consent is given under a specified list of conditions: Force, fraud, incompetence, third-party effects, unequal bargaining power, commodification, paternalism - all of these may be grounds for rejecting the validity of V's consent. We might call scholars who take this view of consent quasi-libertarians. In this Article, I argue against the quasi-libertarian view of consent. My central claim is that the validity of consent …
Standard Of Care For Residents And Other Medical School Graduates In Training, Joseph H. King
Standard Of Care For Residents And Other Medical School Graduates In Training, Joseph H. King
American University Law Review
No abstract provided.
Who Knew - The Admissibility Of Subsequent Remedial Measures When Defendants Are Without Knowledge Of The Injuries, Mark G. Boyko, Ryan G. Vacca
Who Knew - The Admissibility Of Subsequent Remedial Measures When Defendants Are Without Knowledge Of The Injuries, Mark G. Boyko, Ryan G. Vacca
McGeorge Law Review
No abstract provided.
Standard Of Care For Residents And Other Medical School Graduates In Training, Joseph H. King
Standard Of Care For Residents And Other Medical School Graduates In Training, Joseph H. King
American University Law Review
No abstract provided.
Virtual Espionage: Spyware And The Common Law Privacy Torts, Don Corbett
Virtual Espionage: Spyware And The Common Law Privacy Torts, Don Corbett
University of Baltimore Law Review
No abstract provided.
Governmental Immunity In Maryland: A Practitioner's Guide To Making And Defending Tort Claims, Karen J. Kruger
Governmental Immunity In Maryland: A Practitioner's Guide To Making And Defending Tort Claims, Karen J. Kruger
University of Baltimore Law Review
No abstract provided.
As Soft As Tofu: Consumer Product Defamation On The Chinese Internet, Elizabeth Spahn
As Soft As Tofu: Consumer Product Defamation On The Chinese Internet, Elizabeth Spahn
Vanderbilt Journal of Transnational Law
This Article examines the most notorious Chinese internet defamation case, Wang Hong v. Maxstation, which awarded substantial damages against an individual consumer as well as two online magazines for criticizing a laptop product on the internet. The case created a widespread political controversy on the internet in China, highlighting an underlying tension in the current policies of the Chinese government, which promotes a more open market economy while maintaining tight censorship over public speech. The case developed landmark legal doctrine in China, extending judge made defamation law while ignoring the Chinese consumer protection statute. Extending defamation doctrine to include factual …
Negligent Infliction Of Emotional Distress: Recovery Is Foreseeable, 39 J. Marshall L. Rev. 1019 (2006), Jeffrey Hoskins
Negligent Infliction Of Emotional Distress: Recovery Is Foreseeable, 39 J. Marshall L. Rev. 1019 (2006), Jeffrey Hoskins
UIC Law Review
No abstract provided.
Hurricane Katrina And The Toxic Torts Implications Of Environmental Injustice In New Orleans, 40 J. Marshall L. Rev. 1 (2006), L. Darnell Weeden
Hurricane Katrina And The Toxic Torts Implications Of Environmental Injustice In New Orleans, 40 J. Marshall L. Rev. 1 (2006), L. Darnell Weeden
UIC Law Review
No abstract provided.
"For It's One, Two, Three Strikes, You're Out . . .", 39 J. Marshall L. Rev. 493 (2006), Kaycee Hopwood
"For It's One, Two, Three Strikes, You're Out . . .", 39 J. Marshall L. Rev. 493 (2006), Kaycee Hopwood
UIC Law Review
No abstract provided.
Being Daphne's Mom: An Argument For Valuing Companion Animals As Companions, 39 J. Marshall L. Rev. 1453 (2006), Vasiliki Agorianitis
Being Daphne's Mom: An Argument For Valuing Companion Animals As Companions, 39 J. Marshall L. Rev. 1453 (2006), Vasiliki Agorianitis
UIC Law Review
No abstract provided.
Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington
Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington
Maryland Law Review
No abstract provided.
God V. The Mitigation Of Damages Doctrine: Why Religion Should Be Considered A Pre-Existing Condition, Jennifer Parobek
God V. The Mitigation Of Damages Doctrine: Why Religion Should Be Considered A Pre-Existing Condition, Jennifer Parobek
Journal of Law and Health
According to the 2004-2005 United States Census Bureau Statistical Abstract of the United States, Americans identify with at least thirty-five different self-described Christian religious groups. Of those Christian groups, there are at least four that have special tenets regarding medical treatment that are central to their religious beliefs. Together, members of the Jehovah's Witnesses, Church of God, Pentecostal Free Will Baptist Church, and Christian Science Church constitute slightly more than four-and-a-half percent of the United State's total population. . . Unfortunately, even though the First Amendment of the United States Constitution was designed on our founders' beliefs that religious freedom …
Taking A Bite Out Of The Harmful Effects Of Mercury In Dental Fillings: Advocating For National Legislation For Mercury Amalgams, Kimberly M. Baga
Taking A Bite Out Of The Harmful Effects Of Mercury In Dental Fillings: Advocating For National Legislation For Mercury Amalgams, Kimberly M. Baga
Journal of Law and Health
Mary Stephenson, a fifty-nine-year-old grandmother, visited dozens of counselors and experienced with an array of antidepressants but nothing worked to curb her suicidal feelings. Janie McDowell, a fifty-six-year-old housewife, suffered from hand tremors, leg-muscle spasms, recurring nausea, chronic bladder and kidney infections, severe depression, short-term memory loss, and slurred speech. Freya Koss, a former event planner, experienced dizziness and double vision. Physicians misdiagnosed Koss with lupus, multiple sclerosis, and, finally myasthenia gravis. The common theme among these medical tragedies is that the above victims all returned to being healthy, active adults after the removal of their mercury amalgam dental fillings. …
The Modern Age Of Informed Consent, Barbara L. Atwell
The Modern Age Of Informed Consent, Barbara L. Atwell
University of Richmond Law Review
This essay explores the informed consent ramifications of the confluence of these two phenomena: developments in medical technology and emerging adulthood. In particular, it explores consent to medical treatments by emerging adults that are both elective and irreversible. In such cases, policy considerations dictate that additional safeguards be implemented to ensure that the consent given is truly informed. Part II of this essay provides an overview of the informed consent doctrine and outlines a variety of advancements in elective medical technology. Part III explores the concept of emerging adulthood. Part IV suggests that when emerging adults seek medical treatments that …