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Articles 31 - 60 of 93
Full-Text Articles in Law
Sexual Molestation Within America's Parishes And Congregations; Should The Church Be Thy Priest's Keeper, Stephanie D. Young
Sexual Molestation Within America's Parishes And Congregations; Should The Church Be Thy Priest's Keeper, Stephanie D. Young
West Virginia Law Review
No abstract provided.
Responses To Corporate Versus Individual Wrongdoing, Valerie P. Hans, M. David Ermann
Responses To Corporate Versus Individual Wrongdoing, Valerie P. Hans, M. David Ermann
Cornell Law Faculty Publications
For many years, researchers assumed that the public was indifferent to corporate wrongdoing, but recent surveys have discovered evidence to the contrary. Taking insights from these data a step further, this study employed an experimental design to examine whether people responded differently to corporate versus individual wrongdoers. We varied the identity of the central actor in a scenario involving harm to workers. Half the respondents were informed that a corporation caused the harm; the remainder were told that an individual did so. Respondents applied a higher standard of responsibility to the corporate actor. For identical actions, the corporation was judged …
Review Of Huber "Liability: The Legal Revolution And Its Consequences", Stephen D. Sugarman
Review Of Huber "Liability: The Legal Revolution And Its Consequences", Stephen D. Sugarman
Stephen D Sugarman
No abstract provided.
Products Liability: Breaking Through The Cocoon Of The Cigarette Industry, Emmanuel C. Nneji
Products Liability: Breaking Through The Cocoon Of The Cigarette Industry, Emmanuel C. Nneji
In the Public Interest
No abstract provided.
The Moral Foundations Of Punitive Damages, David G. Owen
The Moral Foundations Of Punitive Damages, David G. Owen
Faculty Publications
No abstract provided.
Punishing The Dead: Whether The Estates Of Dead Tortfeasors Should Be Responsible For Punitive Damages, Charles William Burton
Punishing The Dead: Whether The Estates Of Dead Tortfeasors Should Be Responsible For Punitive Damages, Charles William Burton
University of Arkansas at Little Rock Law Review
No abstract provided.
Washington's Special Relationship Exception To The Public Duty Doctrine, Jenifer Kay Marcus
Washington's Special Relationship Exception To The Public Duty Doctrine, Jenifer Kay Marcus
Washington Law Review
The public duty doctrine states that in order for a person to recover tort damages from a governmental entity, the individual must prove that the governmental entity breached a duty owed to him or her particularly, and not just a breach of a duty owed to the public. The "special relationship" exception to the doctrine provides a mechanism for proving a particularized duty. The Washington Supreme Court has now restricted this exception. By restricting the exception, the court may inappropriately bar certain injured plaintiffs from recovery. The restriction may also violate Washington statutes abrogating governmental immunity by giving government defendants …
The Implications Of 42 U.S.C. § 1983 For The Privatization Of Prisons, Charles W. Thomas, Linda S. Calvert Hanson
The Implications Of 42 U.S.C. § 1983 For The Privatization Of Prisons, Charles W. Thomas, Linda S. Calvert Hanson
Florida State University Law Review
No abstract provided.
What Shapes Perceptions Of The Federal Court System?, Theodore Eisenberg, Stewart J. Schwab
What Shapes Perceptions Of The Federal Court System?, Theodore Eisenberg, Stewart J. Schwab
Cornell Law Faculty Publications
Two hundred years is a long time. It is too long after formation of a court system to ask such basic questions as (1) what cases occupy the system, and (2) whether even informed professionals have a reasonable picture of what goes on within the system. Nonetheless, continuing debate about the volume and makeup of litigation in general and of federal court litigation in particular requires legal scholars to address these questions. Professor Marc Galanter's work on the litigation explosion questions central assumptions about the nature and growth of the federal docket. Our prior work undermines widely held views about …
Using Statistical Techniques To Predict Non-Pecuniary Damage Awards In Personal Injury Cases, Jack Effron, John Forster
Using Statistical Techniques To Predict Non-Pecuniary Damage Awards In Personal Injury Cases, Jack Effron, John Forster
Dalhousie Law Journal
The real issue in personal injury cases is often damages. Our concepts and law relating to negligence and other aspects of personal injury are sufficiently developed that parties can often agree upon who is at fault. Yet damages law, for all the cases and principles which have been decided, remains the least intelligible and thus the least predictable for parties and their counsel. When parties have to go to trial in a personal injury case, it is often primarily to decide who should pay what.
"Respondent Inferior": The Rule Of Vanderpool V. Grange Insurance Association, 110 Wash. 2d 483, 756 P.2d 111 (1998)?, Karen P. Clark
"Respondent Inferior": The Rule Of Vanderpool V. Grange Insurance Association, 110 Wash. 2d 483, 756 P.2d 111 (1998)?, Karen P. Clark
Washington Law Review
At common law, the majority of states held that a tort claimant's release of either an employer whose sole liability was vicarious or the employee who had committed the tort operated to release the other. Washington follows this position for releases of an employee, but Vanderpool v. Grange Insurance Association announces a different rule for releases of an employer. This Note examines Vanderpool in view of relevant public policies, statutes, and prior case law and recommends adopting a rule that the release of a solvent employer operate to release its employee-tortfeasor.
Strict Liability For Defective Ideas In Publications, Andrew T. Bayman
Strict Liability For Defective Ideas In Publications, Andrew T. Bayman
Vanderbilt Law Review
In 1963 the Supreme Court of California revolutionized the law of torts by adopting the theory of strict liability in products liability cases.' The American Law Institute subsequently promulgated section 402A of the Restatement (Second) of Torts in 1965. Section 402A provides that the seller of a "product in a defective condition unreasonably dangerous" may be held liable even though he has "exercised all possible care."' Today, nearly every state has adopted some form of section 402A.' Moreover, the list of modern products to which section 402A applies is virtually limitless. Yet, despite the unprecedented expansion of strict liability into …
Punitive Damages In Utah-Time For A Clear Standard, David J. Tuckfield
Punitive Damages In Utah-Time For A Clear Standard, David J. Tuckfield
BYU Law Review
No abstract provided.
The Psychotherapist's Calamity: Emerging Trends In The Tarasof/ Doctrine, Steven Craig Bednar
The Psychotherapist's Calamity: Emerging Trends In The Tarasof/ Doctrine, Steven Craig Bednar
BYU Law Review
No abstract provided.
Judicial Backpedaling: Putting The Brakes On California's Law Of Wrongful Termination, Lawrence C. Levine
Judicial Backpedaling: Putting The Brakes On California's Law Of Wrongful Termination, Lawrence C. Levine
McGeorge School of Law Scholarly Articles
No abstract provided.
Pain And Suffering Guidelines: A Cure For Damages Measurement "Anomie", Frederick S. Levin
Pain And Suffering Guidelines: A Cure For Damages Measurement "Anomie", Frederick S. Levin
University of Michigan Journal of Law Reform
This Note argues that adapting the criminal sentencing guidelines systems in use in several states to the personal injury context would provide appropriate standards for measuring pain and suffering damages. Part I explores why present methods for measuring pain and suffering are objectionable. A description of the proposed method for developing guidelines is provided in Part II. Part II explores the use of guidelines in criminal sentencing and the analogy between sentencing decisions and assessment of damages for nonpecuniary loss. Part II also describes how to develop and implement guidelines for assessing pain and suffering damages. Part III examines why …
Good Faith Settlement Under The Contribution Act: Do Trial Courts Have Too Much Discretion?, Louis J. Perona Honorable, Claire Perona Murphy
Good Faith Settlement Under The Contribution Act: Do Trial Courts Have Too Much Discretion?, Louis J. Perona Honorable, Claire Perona Murphy
Loyola University Chicago Law Journal
No abstract provided.
Compulsory Contribution Claims: Promoting Judicial Efficiency While Sacrificing Standards Of Justice, Brigitte M. Von Weiss
Compulsory Contribution Claims: Promoting Judicial Efficiency While Sacrificing Standards Of Justice, Brigitte M. Von Weiss
Loyola University Chicago Law Journal
No abstract provided.
A Gap In The North Carolina Motor Vehicle Liability Policy Statute: Joint Tortfeasors - When And How Does Underinsured Motorist Coverage Apply?, Elizabeth H. Mccullough
A Gap In The North Carolina Motor Vehicle Liability Policy Statute: Joint Tortfeasors - When And How Does Underinsured Motorist Coverage Apply?, Elizabeth H. Mccullough
Campbell Law Review
This Comment examines North Carolina's underinsured motorist coverage statute, a standard North Carolina automobile insurance policy and applicable common law.
The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse
The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse
LLM Theses and Essays
While the United States’ common law system is characterized by diversity due to each state having its own set of rules, in certain areas there are nationwide legislative attempts of unification and standardization. One such attempt is the adoption of the Uniform Commercial Code which governs the sale of goods law in the United States. The French civil law system generally differs greatly from the American system in that it is primarily based upon statutes and codes. However, the American Uniform Commercial Code and the French Civil Code provide tangible, comparable bases to assess similarities and differences between American and …
Neoclassical Difficulties: Tort As Deterrence For Latent Injuries, Peter Siegelman, W.L.F. Felstiner
Neoclassical Difficulties: Tort As Deterrence For Latent Injuries, Peter Siegelman, W.L.F. Felstiner
Faculty Articles and Papers
Economists often claim that the tort system leads firms to provide consumers and workers with the socially optimal level of safety. Moreover, in the case of work-related hazards, employers are alleged to have another source of incentives to take precautions. If wages are sensitive to job-related risks, employers should spend money to reduce such risks when, by doing so, they can save more in wage costs than the costs of the precautions taken. Whatever their merits in other settings, in the case of latent injuries such as workplace exposure to asbestos neither tort nor market are likely to provide an …
Joint And Several Liability Minnesota Style, Michael K. Steenson
Joint And Several Liability Minnesota Style, Michael K. Steenson
Faculty Scholarship
This article examines the rule of joint and several liability as it was adopted, modified, and applied in Minnesota circa 1989. The article first examines the judicial origins and applications of the rule in Minnesota. It then analyzes the impact of the comparative negligence and fault legislation on the rule of joint and several liability, including the limitations imposed on the rule in 1978, 1986, and 1988. Finally, it makes some suggestions for interpreting joint and several liability legislation that are consistent with the legislative history of the legislation as well as with Minnesota Supreme Court decisions concerning aggregation under …
Suing The Federal Government: Can The King Still Do No Wrong?, Kathleen Howard Meredith, Jennifer S. Pressman
Suing The Federal Government: Can The King Still Do No Wrong?, Kathleen Howard Meredith, Jennifer S. Pressman
University of Baltimore Law Review
No abstract provided.
Casenotes: Torts — Causes Of Action Exist For Negligence, Intentional Infliction Of Emotional Distress, And Fraud For Transmission Of A Sexually Communicable Disease Between Unmarried Partners. B.N. V. K.K., 312 Md. 135, 538 A.2d 1175 (1988), Glen P. Smith
University of Baltimore Law Review
No abstract provided.
Rowe V. State Bank Of Lombard: The Key To Unlocking A Landlord's Duty To Provide Security, 23 J. Marshall L. Rev. 131 (1989), Jeffrey Fowler
Rowe V. State Bank Of Lombard: The Key To Unlocking A Landlord's Duty To Provide Security, 23 J. Marshall L. Rev. 131 (1989), Jeffrey Fowler
UIC Law Review
No abstract provided.
Negligent Misrepresentation In Illinois: The First District Expands Its Scope Beyond Defendants In The Business Of Supplying Information, 22 J. Marshall L. Rev. 753 (1989), Richard A. Borich Jr.
Negligent Misrepresentation In Illinois: The First District Expands Its Scope Beyond Defendants In The Business Of Supplying Information, 22 J. Marshall L. Rev. 753 (1989), Richard A. Borich Jr.
UIC Law Review
No abstract provided.
Federal Preemption Of Prescrption Drug Labeling: Antidote For Pharmaceutical Industry Overdosing On State Court Jury Decisions In Products Liability Cases, 22 J. Marshall L. Rev. 629 (1989), John F. Del Giorno
UIC Law Review
No abstract provided.
Dralle V. Ruder: Did The Decision Close The Book On Recovery For Society And Companionship In Illinois Or Just Turn The Page, 22 J. Marshall L. Rev. 721 (1989), Frank I. Powers
UIC Law Review
No abstract provided.
Kalish V. Illinois Education Association: Absolute Privileges In Quasi - Judicial Proceedings, 22 J. Marshall L. Rev. 737 (1989), Michael Fahey
Kalish V. Illinois Education Association: Absolute Privileges In Quasi - Judicial Proceedings, 22 J. Marshall L. Rev. 737 (1989), Michael Fahey
UIC Law Review
No abstract provided.
Man Bites Dog With Ohio's Vicious Dog Statute, Diane K. Hale
Man Bites Dog With Ohio's Vicious Dog Statute, Diane K. Hale
Cleveland State Law Review
This article discusses Ohio’s vicious dog statute, ORC 955.11, signed into law in July 1987. Section II provides background information on pit bulls and their general reputation in society. Section III explains how dogs and dog ownership were regulated under the old law, and then Section IV delves into how the new law operates to regulate dogs. Section V moves into issues of Constitutionality, and Sections VI and VII discuss alternative options and proposes changes to the new law.