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Full-Text Articles in Law

Calling It A Leg Doesn't Make It A Leg: Doctors, Lawyers And Tort Reform, Ellen Wertheimer Oct 2008

Calling It A Leg Doesn't Make It A Leg: Doctors, Lawyers And Tort Reform, Ellen Wertheimer

Working Paper Series

It has long been a truism that doctors hate lawyers. This article explores some of the reasons for this phenomenon, as well as some areas for reform that might help to promote a better relationship between the professions.


Of Apples And Trees: Adoption And Informed Consent, Ellen Wertheimer Nov 2006

Of Apples And Trees: Adoption And Informed Consent, Ellen Wertheimer

Working Paper Series

This article argues that the doctrine of informed consent should apply to the process of adopting a child. There is substantial evidence that all adopted children are at higher risk of learning disabilities and mental health problems than nonadopted children. The article first summarizes the social science evidence demonstrating these risks and discusses some of the reasons why more extensive studies have not yet been done. The article then turns to the law of informed consent as created and applied in the contexts of medicine and law, and concludes that informed consent doctrine should apply to the process of adoption. …


Legal Protection For Conversational And Communication Privacy In Family, Marriage And Domestic Disputes: An Examination Federal And State Wiretap And Stored Communications Acts And The Common Law Privacy Intrusion Tort, Richard C. Turkington Sep 2003

Legal Protection For Conversational And Communication Privacy In Family, Marriage And Domestic Disputes: An Examination Federal And State Wiretap And Stored Communications Acts And The Common Law Privacy Intrusion Tort, Richard C. Turkington

Working Paper Series

In the article I examine the legality of the not uncommon practice of surreptitiously recording telephone conversations, videotaping activities and accessing e-mail or voicemail communications by parties in domestic disputes. First, I examine the important values that are implicated by such activities. These values include conversation, communication and physical privacy. Conversation (and communication) privacy are valued on both intrinsic and instrumentalist grounds. These values run into countervailing values in domestic conflict cases. These include parental autonomy in child rearing and the best interests of the child. I argue that the pervasiveness of electronic surveillance and the emerging tradition in our …


Individual And Institutional Responsibility: A Vision For Comparative Fault In Products Liability, Mary J. Davis Jan 1994

Individual And Institutional Responsibility: A Vision For Comparative Fault In Products Liability, Mary J. Davis

Villanova Law Review

No abstract provided.


The Case For A Feminist Torts Casebook, Carl Tobias Jan 1993

The Case For A Feminist Torts Casebook, Carl Tobias

Villanova Law Review

No abstract provided.


The Congress, The Courts And Computer Based Communications Networks: Answering Questions About Access And Content Control - Introduction, Henry H. Perritt Jr. Jan 1993

The Congress, The Courts And Computer Based Communications Networks: Answering Questions About Access And Content Control - Introduction, Henry H. Perritt Jr.

Villanova Law Review

No abstract provided.


Civil Procedure - Statute Of Limitations - Federal Application Of State Law - Fraudulent Concealment And Its Effect On The Statute Of Limitations, Michael F. Brown Jan 1988

Civil Procedure - Statute Of Limitations - Federal Application Of State Law - Fraudulent Concealment And Its Effect On The Statute Of Limitations, Michael F. Brown

Villanova Law Review

No abstract provided.


Products Liability - The Federal Cigarette Labeling And Advertising Act Preempts State Common-Law Damage Actions Challenging Either The Adequacy Of The Act's Warnings Or The Propriety Of The Advertising Practices Of A Cigarette Manufacturer That Has Complied With The Act, Brendan Kennedy Collins Jan 1987

Products Liability - The Federal Cigarette Labeling And Advertising Act Preempts State Common-Law Damage Actions Challenging Either The Adequacy Of The Act's Warnings Or The Propriety Of The Advertising Practices Of A Cigarette Manufacturer That Has Complied With The Act, Brendan Kennedy Collins

Villanova Law Review

No abstract provided.


Introduction, Richard C. Turkington Jan 1987

Introduction, Richard C. Turkington

Villanova Law Review

No abstract provided.


Government Liability And The Public Duty Doctrine, John Cameron Mcmillan Jr. Jan 1987

Government Liability And The Public Duty Doctrine, John Cameron Mcmillan Jr.

Villanova Law Review

No abstract provided.


Torts - Defamation - Public Figure Doctrine Will Be Used Expansively To Protect Media, Mark J. Foley Jan 1986

Torts - Defamation - Public Figure Doctrine Will Be Used Expansively To Protect Media, Mark J. Foley

Villanova Law Review

No abstract provided.


The Foreseeable Risks Of Apartment Living: Pennsylvania Defines A Landlord's Duty To Provide Security, John P. Mclaughlin Jan 1986

The Foreseeable Risks Of Apartment Living: Pennsylvania Defines A Landlord's Duty To Provide Security, John P. Mclaughlin

Villanova Law Review

No abstract provided.


Products Liability - Restatement (Second) Of Torts - Virgin Islands Comparative Negligence Statute Applied In Strict Products Liability Action, Clifford H. Lange Jan 1980

Products Liability - Restatement (Second) Of Torts - Virgin Islands Comparative Negligence Statute Applied In Strict Products Liability Action, Clifford H. Lange

Villanova Law Review

No abstract provided.


Negligence - Recovery For Negligently Inflicted Mental Distress Permitted To Mother Who Witnessed The Violent Death Of Her Child Even Though The Mother Was Outside Zone Of Danger, Bruce A. Issadore Jan 1979

Negligence - Recovery For Negligently Inflicted Mental Distress Permitted To Mother Who Witnessed The Violent Death Of Her Child Even Though The Mother Was Outside Zone Of Danger, Bruce A. Issadore

Villanova Law Review

No abstract provided.


Admiralty Law - 1972 Amendments To The Longshoremen's And Harbor Workers' Compensation Act - Shipowner's Duty Toward Longshoreman Is Same As Land-Based Employer's Duty Toward Employees Of Independent Contractor, Henry Scott Wallace Jan 1977

Admiralty Law - 1972 Amendments To The Longshoremen's And Harbor Workers' Compensation Act - Shipowner's Duty Toward Longshoreman Is Same As Land-Based Employer's Duty Toward Employees Of Independent Contractor, Henry Scott Wallace

Villanova Law Review

No abstract provided.


The Corespondent Adultery Statute In A Conflict Of Laws Setting, Walter A. Rafalko Jan 1965

The Corespondent Adultery Statute In A Conflict Of Laws Setting, Walter A. Rafalko

Villanova Law Review

No abstract provided.


Charitable Liability For Tort, Edith L. Fisch Jan 1964

Charitable Liability For Tort, Edith L. Fisch

Villanova Law Review

No abstract provided.


Pennsylvania's Good Samaritan Statute - An Answer To The Medical Profession's Dilemma, Joseph F. Busacca Jan 1964

Pennsylvania's Good Samaritan Statute - An Answer To The Medical Profession's Dilemma, Joseph F. Busacca

Villanova Law Review

No abstract provided.


Conflict In Conflicts - Vested Rights Versus Proper Law: An English Don Reads Babcock, P. R. H. Webb Jan 1964

Conflict In Conflicts - Vested Rights Versus Proper Law: An English Don Reads Babcock, P. R. H. Webb

Villanova Law Review

No abstract provided.


Advertising And The Right Of Privacy, Nicholas C. Bozzi Jan 1964

Advertising And The Right Of Privacy, Nicholas C. Bozzi

Villanova Law Review

No abstract provided.


Proximate Cause And The Pennsylvania Supreme Court: Twenty-Five Years In Review, Francois R. Cross Jan 1964

Proximate Cause And The Pennsylvania Supreme Court: Twenty-Five Years In Review, Francois R. Cross

Villanova Law Review

No abstract provided.


Torts - Damages - Florida Owner Entitled To Damages For Mental Anguish For Malicious Destruction Of Her Dog, Frederic C. Jacobs Jan 1964

Torts - Damages - Florida Owner Entitled To Damages For Mental Anguish For Malicious Destruction Of Her Dog, Frederic C. Jacobs

Villanova Law Review

No abstract provided.


Torts - Wrongful Death - Suicide As Result Of Uncontrollable Impulse Caused By Negligently Inflicted Injuries, William F. Coyle Jan 1962

Torts - Wrongful Death - Suicide As Result Of Uncontrollable Impulse Caused By Negligently Inflicted Injuries, William F. Coyle

Villanova Law Review

No abstract provided.


Torts - Strict Liability - Landowner Is Liable For Damage Done To Property Of Others By Crop Spraying, Robert J. Jackson Jan 1961

Torts - Strict Liability - Landowner Is Liable For Damage Done To Property Of Others By Crop Spraying, Robert J. Jackson

Villanova Law Review

No abstract provided.


Negligently Inflicted Psychic Injuries: A Return To Reason, Alvan Brody Jan 1961

Negligently Inflicted Psychic Injuries: A Return To Reason, Alvan Brody

Villanova Law Review

No abstract provided.


Libel And Slander - Disparagement Of Product - Expanding Protection Against Trade Libel, James G. Lepis Jan 1961

Libel And Slander - Disparagement Of Product - Expanding Protection Against Trade Libel, James G. Lepis

Villanova Law Review

No abstract provided.


Personal Injury Damages In Products Liability, Graham L. Fricke Jan 1960

Personal Injury Damages In Products Liability, Graham L. Fricke

Villanova Law Review

No abstract provided.


Recent Decisions, Various Editors Jan 1960

Recent Decisions, Various Editors

Villanova Law Review

No abstract provided.


Torts Between Parent And Child, William E. Mccurdy Jan 1960

Torts Between Parent And Child, William E. Mccurdy

Villanova Law Review

No abstract provided.


Personal Injury Damages In Products Liability, Graham L. Fricke Jan 1960

Personal Injury Damages In Products Liability, Graham L. Fricke

Villanova Law Review

No abstract provided.