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Articles 1 - 9 of 9
Full-Text Articles in Law
Negligence, Causation And Information, Stephen G. Marks
Negligence, Causation And Information, Stephen G. Marks
Faculty Scholarship
This note suggests a model to unify, in a simple information-based framework, the notion of negligence and the various notions of causation. In effect, the model demonstrates that negligence, probabilistic cause and cause-in-fact represent an identical concept applied to different information sets. This note uses the unified framework to develop a simple algorithm for the practical application of the principles of causation in the law of negligence.
Negligence Per Se And Broad Statutory Construction In Alaska: The Adoption Of An Applicable Statute As An Appropriate Standard Of Care, Richard A. Frank
Negligence Per Se And Broad Statutory Construction In Alaska: The Adoption Of An Applicable Statute As An Appropriate Standard Of Care, Richard A. Frank
Alaska Law Review
No abstract provided.
Workers' Compensation—Supervisory Employees Are Immune From Tort Actions, Hank Jackson
Workers' Compensation—Supervisory Employees Are Immune From Tort Actions, Hank Jackson
University of Arkansas at Little Rock Law Review
No abstract provided.
Tort Loss Allocation Among Joint Tortfeasors In Alaska: A Call For Comparative Contribution, David Edward Mills
Tort Loss Allocation Among Joint Tortfeasors In Alaska: A Call For Comparative Contribution, David Edward Mills
Alaska Law Review
No abstract provided.
Damned If You Do, Damned If You Don't: Hospitals' Liability For Physicians' Malpractice, Diane M. Janulis, Alan D. Hornstein
Damned If You Do, Damned If You Don't: Hospitals' Liability For Physicians' Malpractice, Diane M. Janulis, Alan D. Hornstein
Faculty Scholarship
This Article explores some of the problems hospitals face in avoiding liability for the negligence of their independent contractors. After a critical analysis of the theories underlying imposition of liability, we discuss the sometimes conflicting public policy considerations respecting the mandates given to the modern hospital as these mandates affect hospitals’ liability.
Wrongful Birth: The Avoidance Of Consequences Doctrine In Mitigation Of Damages, Norman M. Block
Wrongful Birth: The Avoidance Of Consequences Doctrine In Mitigation Of Damages, Norman M. Block
Fordham Law Review
No abstract provided.
Liability Of Engineers For Structural Design Errors: State Of The Art Considerations In Defining The Standard Of Care, John C. Peck, Wyatt A. Hoch
Liability Of Engineers For Structural Design Errors: State Of The Art Considerations In Defining The Standard Of Care, John C. Peck, Wyatt A. Hoch
Villanova Law Review
No abstract provided.
Herskovits V. Group Health Cooperative: Negligent Creation Of A Substantial Risk Of Injury Is A Compensable Harm, Warner Miller
Herskovits V. Group Health Cooperative: Negligent Creation Of A Substantial Risk Of Injury Is A Compensable Harm, Warner Miller
Seattle University Law Review
This Note commends the Herskovits court for recognizing the loss of-a-chance claim as a legitimate cause of action. Chance interests are worthy of the protection of tort law. We can be statistically certain that the destruction of chance interests in survival results in actual losses. The burden of such losses should not fall exclusively on the victim, particularly when the interfering conduct of the wrongdoer has deprived the individual victim of the ability to know and prove with certainty the value of the lost chance. The burden of the loss can be shifted in an equitable manner to the negligent …
Retribution And Deterrence: The Role Of Punitive Damages In Products Liability Litigation, Richard C. Ausness
Retribution And Deterrence: The Role Of Punitive Damages In Products Liability Litigation, Richard C. Ausness
Law Faculty Scholarly Articles
Punitive damages constitute an award to an injured party above what is necessary to compensate for actual loss. This Article considers whether punitive damages are an effective means of promoting the goals of products liability law. Section I traces the use of punitive damages in products liability litigation from the early 1960's to the present time. Section II examines the traditional rationales for punitive damages and considers whether they are appropriate in the products liability context. Finally, Section III evaluates some of the measures that commentators have proposed to adapt more fully the concept of punitive damages to products liability …