Law Commons^™

Whence Knowledge Intent? Whither Knowledge Intent?, David Jung, David I. Levine

Faculty Scholarship

No abstract provided.

Whence Knowledge Intent? Whither Knowledge Intent?, David I. Levine

Faculty Scholarship

No abstract provided.

The Duty To Warn In Products Liability: Contours And Criticism, M. Stuart Madden

West Virginia Law Review

No abstract provided.

Tort Reform: The Reemergence Of Local Government Immunity: The West Virginia Governmental Tort Claims And Insurance Reform Act Of 1986, Johnny M. Knisely Ii

West Virginia Law Review

No abstract provided.

Torts, Gerald Bobango

West Virginia Law Review

No abstract provided.

De-Coupling The Military/Industrial Complex - The Liability Of Weapons Makers For Injuries To Servicemen, Barry Kellman

Cleveland State Law Review

This Article is about the military contractor defense: the legal doctrine which insulates weapons makers from liability to servicemen for injuries caused by defectively designed weapons. Essentially, the military contractor defense shields weapons makers from state product liability law because of fears that operation of that law will cause the judiciary to trespass into the military sphere. This Article suggests that the military contractor defense constitutes a rejection of the judicial role in regulating procurement. This rejection is an unwarranted step in favor of an overgrown military establishment. The theme of this Article is that military policy is something which …

Rethinking The Rule Against Corporate Privacy Rights: Some Conceptual Quandries For The Common Law, 20 J. Marshall L. Rev. 607 (1987), Anita L. Allen

UIC Law Review

No abstract provided.

Adolescent Confidentiality And Family Privacy, 20 J. Marshall L. Rev. 641 (1987), Ferdinand Schoeman

UIC Law Review

No abstract provided.

Newspapers' Liability In False Light Action For An Injurious Falsehood About A Private Persons Which Is Not A Matter Of Public Concern, 20 J. Marshall L. Rev. 847 (1987), George B. Trubow

UIC Law Review

No abstract provided.

The Illinois Legislature's Attempt To Resolve The Insurance Crisis: Too Much Tort Reform And Too Little Insurance Regulation, 21 J. Marshall L. Rev. 159 (1987), Francis J. Bongiovanni

UIC Law Review

No abstract provided.

Seduction And The Myth Of The Ideal Woman, M. B. W. Sinclair

Articles by Maurer Faculty

No abstract provided.

Causation In Torts, Crimes, And Moral Philosophy: A Reply To Professor Thomson, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Professor Judith Jarvis Thomson's provocative article, 'The Decline of Cause,' focuses on the diminishing importance of causation in law and moral philosophy. In this reply, I suggest answers to some of the questions Professor Thomson raises.

Professor Thomson's article revolves around various forms of a classic dilemma: two persons take equal care but, through chance, their actions produce different results. Does the outcome of their actions matter in a moral assessment of those actions? Professor Thomson first sets out what the styles as the Kantian and 'moral sophisticates" position that the outcome of an act does not and should not …

Asbestos And The Dalkon Shield: Corporate America On Trial, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

Asbestos and the Dalkon Shield intrauterine device share a number of unhappy distinctions. Both products have exacted a terrible human toll. Damage suits seeking recovery for harm linked to both have put considerable strain on the judicial system. Corporate decisions made in the course of marketing both have been deemed reprehensible. Manufacturers of both have sought refuge in bankruptcy. And both have provided the grist for hard-hitting books by veteran investigative journalists.

Paul Brodeur's Outrageous Misconduct: The Asbestos Industry on Trial returns a harsh verdict against the Manville Corporation and others directly and indirectly involved in the production of what …

Pennsylvania's Political Subdivision Tort Claims Act: Damage Limitations Upheld, Jan Denise Loughran

Villanova Law Review

No abstract provided.

Rethinking The Tort Liability System: A Report From The Aba Action Commission, Robert B. Mckay

Villanova Law Review

No abstract provided.

Symposium Proceedings, Various Editors

Villanova Law Review

No abstract provided.

Loss Of Use Damage For Injuries To Interests In Commercial Chattels, James M. Lee

Fordham Urban Law Journal

Under the "loss of use" doctrine, unlike under common law, a plaintiffs right to compensation for their loss of use of chattel for the duration between the time of damage and when a substitute can be attained, is recognized. This Note traces the evolution of this progression, the problems it poses for courts, and analyzes the underlying reasons for this trend. It discusses a split between the Second and Third Department of the New York Courts on whether such compensation should be given in instances when the plaintiff had their own substitute item, e.g. a replacement vehicle after an auto …

First Party Bad Faith In Kentucky: What Remains After Federal Kemper Insurance Co. V. Hornback?, Garry A. Perry

Kentucky Law Journal

No abstract provided.

How Far Should Increased Risk Recovery Be Carried In The Context Of Exposure To Hazardous Substances?, John C. Cummings

Kentucky Law Journal

No abstract provided.

Strict Liability For Chattel Leasing, Richard C. Ausness

Law Faculty Scholarly Articles

Leasing has become an increasingly popular substitute for outright purchases as a means of acquiring products for use. Few courts and commentators, however, have addressed the question of whether the principles of strict products liability which apply to sellers also apply to lessors. In this Article, Professor Ausness reviews the historical basis for imposing strict liability in tort on sellers and applies these rationales to five basic kinds of lease transactions. He concludes that strict liability should not apply when a product defect arises after the leased product is placed in the hands of the lessee (as contrasted with the …

The Regulation Of Entrepreneurial Litigation: Balancing Fairness And Efficiency In The Large Class Action, John C. Coffee Jr.

Faculty Scholarship

Just as war is too important to be left to generals, civil procedure – with apologies to Clemenceau – is too important to be left to proceduralists. Although it would be a serious overstatement to claim that all civil procedure scholars are confined by a tunnel vision focused only on the Federal Rules of Civil Procedure, they have as a group been reluctant to engage explicitly in incentive-based reasoning and seem particularly hesitant to reexamine what they must know to be a noble myth: namely, that the client can and should control all litigation decisions. Within an important and expanding …

Annual Survey Of South Carolina Law/ Tort Law: Plaintiff Does Not Need To Allege A "Sale" In A Strict Liability Action, Susan Raeker-Jordan

Susan Raeker-Jordan

No abstract provided.

Annual Survey Of South Carolina Law/ Tort Law: Liability Of Information Suppliers Expanded, Susan Raeker-Jordan

Susan Raeker-Jordan

No abstract provided.

Personal Injury Law Reform, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Taking Advantage Of The Torts Crisis, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Annual Survey Of South Carolina Law/Practice And Procedure: Defendant Not Allowed To Assert Collateral Estoppel Against Stranger To Prior Judgment, Susan Raeker-Jordan

Susan Raeker-Jordan

No abstract provided.

Serius Tort Law Reform, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Government Responsibility For Constitutional Torts, Christina B. Whitman

Articles

This essay is about the language used to decide when governments should be held responsible for constitutional torts.' Debate about what is required of government officials, and what is required of government itself, is scarcely new. What is new, at least to American jurisprudence, is litigation against government units (rather than government officials) for constitutional injuries. 2 The extension of liability to institutional defendants introduces special problems for the language of responsibility. In a suit against an individual official it is easy to describe the wrong as the consequence of individual behavior that is inconsistent with community norms; the language …

Abusing The Patient: Medicare Fraud And Abuse And Hospital-Physician Incentive Plans, Kathryn A. Krecke

University of Michigan Journal of Law Reform

Part I provides a background discussion of the PPS, DRGs, and incentive plans. Part II focuses on the fraud and abuse provisions of the Medicare statute and argues that incentive plans violate the plain language · of the statute, which prohibits any knowing and willful remuneration for the inducement of referrals. Part III concentrates on the fraudulent and abusive practices that incentive plans encourage. The plans frustrate legislative intent because they encourage practices that subvert the cost-containment purposes of the PPS and have an adverse effect on patient care.

United States V. Johnson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.