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Full-Text Articles in Law
A Paradigm For Sexual Harassment: Toward The Optimal Level Of Loss, Marie T. Reilly
A Paradigm For Sexual Harassment: Toward The Optimal Level Of Loss, Marie T. Reilly
Marie T. Reilly
This article proposes a paradigm that draws from the common-law rule of negligence. It defines actionable sexual conduct in the workplace in terms of the cost of precautionary conduct and the increased safety such precaution would have yielded. Like the rule of negligence, the proposed paradigm creates incentives for men and women to take steps to prevent sexual conduct loss to the point at which the cost of an additional increment of precaution is equal to the value of the reduction in risk of loss. This point is the optimal level of precaution. After this point, additional precaution might further …
Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson
Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson
Sara L Crewson
Tort law and insurance companies are failing to provide female domestic violence victims with adequate access to civil courts, proper legal mechanisms with which to gain that access, and are far behind the times when compared to other gender-linked crimes like those of rape and sexual assault. The Restatement of Torts (Third) has classified domestic violence as an intentional tort, and most insurance policies will not provide coverage for harms that were committed intentionally. Certain homeowners' insurance policies won't provide coverage if a spouse tries to sue another spouse for harms committed, leaving vulnerable wives unable to seek compensation for …
Challenging Hospital Vbac Bans Through Tort Liability, Indra Lusero
Challenging Hospital Vbac Bans Through Tort Liability, Indra Lusero
Indra Lusero
With millions of women experiencing primary c-sections every year, millions more face repeat surgery for subsequent births. Because of hospital bans on vaginal birth after cesarean (VBAC), many of these women will have no option to give birth vaginally. Women are looking for remedies to this invasion of their right to informed consent. This article explores the two main avenues for making a torts claim against the hospital for such a ban: corporate negligence and vicarious liability. Through an exploration of the relevant case law in these areas, the significant opportunities and challenges of tort remedies for hospital VBAC bans …
From Absence To Presence: A Critique Of Intersex Surgeries (Co-Authored With Maayan Sudai And Or Shai) (Hebrew), Sagit Mor
Sagit Mor
This is the first Article in Israeli legal scholarship that addresses the rights of intersex persons, who were born with "a reproductive or sexual anatomy that doesn’t seemto fit the typical definitions of female or male" (INSA). The common practice in most Western countries today is to operate intersex infants in order to assign them to one of the “conventional” sexes: either male or female. The Article lays the foundations for an intersex critique of law that supports the rights of intersex persons and lays out the ground for the critique of the current legal arrangement and the design of …
Relational Malpractice, Sagit Mor, Orna Rabinovich-Einy
Relational Malpractice, Sagit Mor, Orna Rabinovich-Einy
Sagit Mor
Legal scholarship in recent decades has devoted considerable attention to the "malpractice crisis." Surprisingly, however, the vast majority of this literature has overlooked a fundamental aspect of the problem: the deterioration of the doctor-patient relationship. So far, mainstream legal writing on malpractice has tended to frame the situation as either an insurance crisis or a litigation crisis. Although others have acknowledged that the current malpractice regime has negatively affected the doctor patient relationship, they have narrowly framed the scope of the problem, focusing on the aftermath of a medical error. We argue that contemporary doctor-patient interactions often resemble a battle …
What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, Caroline Forell
What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, Caroline Forell
Caroline A Forell
In this Article, Professor Forell examines the criminal and tort mistake-as-to-self-defense doctrines. She uses the State v. Peairs criminal and Hattori v. Peairs tort mistaken self-defense cases to illustrate why application of the reasonable person standard to the same set of facts in two areas of law can lead to different outcomes. She also uses these cases to highlight how fundamentally different the perception of what is reasonable can be in different cultures. She then questions whether both criminal and tort law should continue to treat a reasonably mistaken belief that deadly force is necessary as justifiable self-defense. Based on …
"Suing For Lost Childhood", Elizabeth A. Wilson
"Suing For Lost Childhood", Elizabeth A. Wilson
Elizabeth A Wilson
No abstract provided.