Law Commons^™

Judicial Review Of Manufacturers' Conscious Design Choices: The Limits Of Adjudication, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Comparative Negligence And The Special Verdict., Carlos C. Cadena

St. Mary's Law Journal

Abstract Forthcoming.

The Texas Rule Of Liability Of Owners And Occupiers Of Land For Injuries Sustained By Business Invitees On The Premises - Revisited And Reconsidered., Larry R. Patton

St. Mary's Law Journal

Abstract Forthcoming.

Comparative Negligence: An Exercise In Applied Justice., Wayne Fisher, James Nugent, Craig Lewis

St. Mary's Law Journal

Abstract Forthcoming.

The Defense Of Assumption Of Risk Under Comparative Negligence., Joe E. Anderson

St. Mary's Law Journal

Abstract Forthcoming.

The Court, The Legislature, And Governmental Tort Liability In Michigan, Luke K. Cooperrider

Michigan Law Review

In 1961, when Justice Edwards of the Michigan supreme court said, "From this date forward the judicial doctrine of governmental immunity from ordinary torts no longer exists in Michigan," he went on to say that he was eliminating from the law of Michigan "an ancient rule inherited from the days of absolute monarchy," a "whim of long-dead kings." Justice Carr, dissenting, agreed that the doctrine in question "came to us as a part of the common law," for which reason he thought it was protected by the reception clause of the Constitution of 1850 from the overruling action of the …

Products Liability—Strict Liability In Tort: Defect Need Not Render Product "Unreasonably Dangerous"—Cronin V. J.B.E. Olson Corp., 8 Cal. 3d 121, 501 P.2d 1153, 104 Cal. Rptr. 433 (1972), Charles L. Coleman

Washington Law Review

Plaintiff Cronin was injured when the bread delivery truck he was driving for his employer collided with another vehicle. An aluminum safety hasp designed to hold the truck's bread racks in place failed during the collision; as a result, plaintiff was pushed forward through the windshield of the truck and injured seriously. Plaintiff's expert witness testified that the hasp was unusually weak because of bubbles and organic matter in the metal, that the hasp would have withstood the forces exerted by the racks during the collision had it not been flawed, and that the flaws and weakness of the metal …

The Suicide Defense In Workmen's Compensation, Arthur Larson

Buffalo Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Criminal Law-Confessions-- Government Can Satisfy Its Burden of Proving Waiver of Miranda Rights By Showing Warnings Given, Signed Waiver, and Proof of Defendant's Capacity to Understand the Warnings

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Criminal Procedure--Grand Jury-Attorney Work Product Consisting of Written Summaries and Personal Recollections of Interviews Is Privileged Against Disclosure at Federal Grand Jury Investigations

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Public Employees --Freedom of Association-Discharge of Non-policy-making Public Employees on Ground of Political Affiliation Infringes Employees' Freedom of Association

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Torts--Wrongful Death-Common--Law Cause of Action for Wrongful Death Exists Under Massachusetts Law

Denying Subrogation In Personal Injury Claims: A Needed Change Of Direction, Uriel Procaccia

William & Mary Law Review

No abstract provided.

Reduction And Exclusion Clauses In Uninsured Motorist Coverage., Royal H. Brin Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Negligence Per Se And Excuse For A Statutory Violation In Texas., Frank Bivin Murchison

St. Mary's Law Journal

Abstract Forthcoming.

Constructive Knowledge Of Defective Condition Is Imposed Upon Landowner., A. Chris Heinrichs

St. Mary's Law Journal

Abstract Forthcoming.

Torts—Nuisance Actions Against Municipal Airports—Nestle V. City Of Santa Monica, 6 Cal. 3d 920, 496 P.2d 480, 101 Cal. Rptr. 568 (1972), G. E. F.

Washington Law Review

Plaintiffs, homeowners living near Santa Monica Municipal Airport, brought suit against the municipality of Santa Monica, the airport operator, seeking damages for diminution of property value and personal injury resulting from jet aircraft noise. The homeowners' principal theory for recovery was that the jet noise emanating from the airport constituted a nuisance. Both the trial and the appellate courts dismissed the nuisance action. The California Supreme Court reversed. Held: a nuisance action against a municipal airport is not precluded by governmental tort immunity. Nestle v. City of Santa Monica, 6 Cal. 3d 920, 496 P.2d 480, 101 Cal. Rptr. 568 …

The Automobile Manufacturer's Liability To Pedestrians For Exterior Design: New Dimensions In "Crashworthiness", Michigan Law Review

Michigan Law Review

Each year approximately twenty per cent of all traffic fatalities in the United States are pedestrians. Of the 54,700 people killed in traffic accidents in 1971, 10,600 were pedestrians. Cyclists made up another 850 fatalities. In addition to the over I 1,000 pedestrians and cyclists killed, an estimated 150,000 pedestrians were injured in 1971. This Note concerns the liability of automobile manufacturers for injuries caused by the exterior design of their products. The plaintiffs in most cases will be pedestrians, but exterior design defects may also injure motorcyclists, bicyclists, and, more rarely, occupants of other vehicles. For convenience, the term …

The Right Of Privacy Is Recognized In Texas., Patrick K. Sheehan

St. Mary's Law Journal

Abstract Forthcoming.

Torts—Emotional Harm: Limitations On Third Party Recovery For Emotional Harm Caused By Fear Or Concern For Another—Schurk V. Christensen, 80 Wn. 2d 652, 497 P.2d 937 (1972), J. R. R.

Washington Law Review

Plaintiff hired fifteen-year-old Reed Christensen to care for her five-year-old daughter upon the representation of his parents that he was a good and capable baby-sitter. The parents knew but did not disclose that their son had a lengthy history of sexually assaulting young girls. In the span of five months the baby-sitter molested the plaintiff's daughter between two and five times. Upon learning of the assaults, plaintiff suffered severe emotional distress requiring treatment by a physician, hospitalization, and psychiatric care. The plaintiffs claim against the defendant parents and their son alleged mental anguish proximately caused her by the knowledge of …

Domestic Relations—State Statute May Not Forbid A Putative Father From Suing For The Wrongful Death Of His Illegitimate Child, Myra S. Goldstein

Buffalo Law Review

Holden v. Alexander, 39 App. Div. 2d 476, 336 N.Y.S. 2d 649 (2d Dep't 1972).

Civil Rights--Administrative Enforcement--Damages As An Appropriate Remedy, Harvey D. Peyton

West Virginia Law Review

No abstract provided.

A Primer On The Law Of Deceptive Practices, Edward D. Mcdevitt

West Virginia Law Review

No abstract provided.

Tort Liability Of A University For Libelous Material In Student Publications, Michigan Law Review

Michigan Law Review

While attention will occasionally be drawn to the impact of the New York Times privilege, this Note largely assumes that a defamed plaintiff is capable of overcoming the constitutional barriers imposed by New York Times and its progeny. In other words, the assumption is made that libelous statements either fall outside the constitutional privilege or that the plaintiff can demonstrate actual malice in the student authors or editors. The Note will analyze the traditional theories which may be invoked to establish the university's liability for defamatory material in student publications. First, a range of student newspaper-university relationships will be examined …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Torts--Lex Loci Delicti Is Proper Law When Parties Are Domiciled in Different Jurisdictions Unless Displacing That Law Advances Forum State's Substantive Law Purposes Without Impeding Interstate Relations or Predictability of Result

Plaintiff, an Ontario domiciliary, brought an action in New York for the wrongful death of her husband, also a domiciliary of Ontario,who was killed in a collision in that province' while a passenger in an automobile driven by defendant's intestate, a New York domiciliary. Defendant pleaded as an affirmative defense the Ontario guest statute, which restricts a guest's recovery to damages for injuries sustained only as a …

Product Liability And The Meaning Of Defect., Page Keeton

St. Mary's Law Journal

Abstract Forthcoming.

The Texas Legislature Expressly Waived Sovereign Immunity In Suits Against The State Of Texas Under The Texas Tort Claims Act In Federal As Well As In State Courts., Jeffrey C. Anderson

St. Mary's Law Journal

Abstract Forthcoming.

Constitutional Torts: Section 1983 Redress For The Deprived Debtor

William & Mary Law Review

No abstract provided.

The Texas Politics Of Today's Products Liability., Warren Freedman

St. Mary's Law Journal

Abstract Forthcoming.

Viability Of The Discovery Rule As A Criterion To Determine When A Cause Of Action Accrues In Medical Malpractice Actions., Glory Sturiale

St. Mary's Law Journal

Abstract Forthcoming.

Laird V. Nelms: A Call For Review And Revision Of The Federal Tort Claims Act, Cornelius J. Peck

Washington Law Review

Despite the Federal Tort Claims Act's explicit purpose to make state law determinative of recovery for governmental wrongs, the United States Supreme Court in Laird v. Nelms held that liability under the Act may not be predicated on a state statute imposing absolute or strict liability. Professor Peck challenges the Court's rationale in reaching this decision, concluding that Laird v. Nelms makes legislative revision of the Federal Tort Claims Act imperative. To guarantee that the Act will not insulate the government from strict liability for its ultrahazardous activities, Professor Peck proposes several basic changes to the Federal Tort Claims Act, …

A Suggested Method For The Resolution Of Tort Choice-Of-Law Problems In Place-Of-The-Wrong Rule Jurisdictions, D. Brian Kuehner, Robert W. Pass

Florida State University Law Review

No abstract provided.

Torts - Rights Of The Husband And Wife To Sue Each Other For Negligence Of The Other - Doctrine Of Interspousal Immunity, Orlando R. Sodini

Duquesne Law Review

The Indiana Supreme Court has held that the common law doctrine of interspousal immunity in tort actions is abrogated.

Brooks v. Robinson, 284 N.E.2d 794 (Ind. 1972).