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The Court, The Legislature, And Governmental Tort Liability In Michigan, Luke K. Cooperrider
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 …
The Automobile Manufacturer's Liability To Pedestrians For Exterior Design: New Dimensions In "Crashworthiness", Michigan Law Review
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 …
Tort Liability Of A University For Libelous Material In Student Publications, Michigan Law Review
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 …