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- Armed services (1)
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Articles 1 - 4 of 4
Full-Text Articles in Law
Probability Theory Meets Res Ipsa Loquitur, David Kaye
Probability Theory Meets Res Ipsa Loquitur, David Kaye
Michigan Law Review
This Article uses probability theory normatively in an effort to clarify one aspect of the famous tort doctrine known as res ipsa loquitur. It does not urge that jurors be instructed in probability theory or be equipped with microprocessors. Rather, it seeks an accurate statement of the res ipsa doctrine in ordinary language. In particular, this Article will show that the conventional formulation of the doctrine is misleading at best, and should be replaced with a more careful statement of the conditions warranting the res ipsa inference. To this end, Section I briefly surveys the legal doctrine, or, more precisely, …
From Feres To Stencel: Should Military Personnel Have Access To Ftca Recovery, Michigan Law Review
From Feres To Stencel: Should Military Personnel Have Access To Ftca Recovery, Michigan Law Review
Michigan Law Review
This Note reevaluates the Feres doctrine in light of legal developments of the past three decades. It concludes that the FTCA should be extended to military claims. It discusses the arguments that military claims will burden vital government functions and shows that the exception to liability under the present FTCA, particularly the exception for "discretionary actions" by government employees, would adequately protect all legitimate military interests.
Products Liability: Developments In The Rule Of Successor Liability For Product-Related Injuries, Mary Annette Horan
Products Liability: Developments In The Rule Of Successor Liability For Product-Related Injuries, Mary Annette Horan
University of Michigan Journal of Law Reform
This article will briefly review the traditional principles of corporate law governing the assumption of liabilities in the acquisition of an ongoing business, and the doctrinal premises of strict products liability. Attention will then be critically directed to recent developments in case law in which the traditional rules have been modified to reflect the policy considerations of strict products liability. Finally, this article will discuss the possibility of legislative intervention in the development of new principles governing successor responsibility for products liability claims and propose that this problem is an appropriate subject for legislative rather than judicial action.
Birth Defects Caused By Parental Exposure To Workplace Hazards: The Interface Of Title Vii With Osha And Tort Law, Lynne Darcy
Birth Defects Caused By Parental Exposure To Workplace Hazards: The Interface Of Title Vii With Osha And Tort Law, Lynne Darcy
University of Michigan Journal of Law Reform
This article will examine the problem of workers' exposure to toxic substances that affect human reproductive functions in light of the applicable legal framework provided by tort law, the Occupational Safety and Health Act of 1970 (OSHA), and Title VII of the Civil Rights Act of 1964. What employers may do to deal with this problem under existing law, and possible resolutions of some apparent conflicts between the underlying purposes of these laws, will also be delineated. It is the position of this article that the competing interests of employers, workers, and workers' offspring must be harmonized not by excluding …