Law Commons^™

中港兩地痛楚及失去人生樂趣賠償法律比較, Kwok Keung Chow

Hong Kong Institute of Business Studies Working Paper Series

本文主要透過對中、港兩地法院關於人身傷害，侵權案的審判根據和準則，進行搜集和比較分析，當中特別針對有關案件中有否將受害者的痛楚和失去人生樂趣這賠償項目一併考慮，若有的話，計算的準則叉是怎樣等等問題作出比較，初步的結論是，本港人身傷害侵權案的受害者，一般可以獲得隨社會進步和時間而調整、並佔總、賠償金額較大比率的痛楚和失去人生樂趣的補償。不過，在國內侵權法的範疇內，卻沒有相關的賠償項目，對受害者並不公平。因此，本文建議國內應檢討全面補償的觀念能否適用。

"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith

University of Michigan Journal of Law Reform

A lack of settled standards for determining liability in supervisor hostile environment sexual harassment lawsuits combined with similar uncertainty in the context of employer liability insurance coverage has resulted in increased litigation in this area. This Note argues that the current predominant standard in the employer liability context, which is based on negligence principle should be rejected in favor of an apparent authority standard, which more appropriately strikes a balance between encouraging employers to identify harassing behaviors and exonerating them from liability when they do so and take appropriate remedial action. It further argues that in order to develop effective …

Regulatory Takings, Private Property Protection Acts, And The Moragne Principle: A Proposal For Judicial-Legislative Comity, Bruce Burton

South Carolina Law Review

No abstract provided.

Governmental Liability Under Cercla, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Commentary On The Limits Of Compensation And Deterrence In Legal Remedies, William T. Allen

Law and Contemporary Problems

Allen comments on papers written by James Cox and Deborah DeMott regarding the deterrence of corporate misconduct. He examines the limits of compensation and deterrence as legal remedies.

Criminal Procedure Victims Compensation: Provide For Eligibility For Compensation Of Victims Of Certain Crimes Committed Outside The State; Change Definitions And Time Period For Filing A Claim, Natalie Zellner

Georgia State University Law Review

The Act allows Georgians who are injured outside the state, as well as outside of the country, to receive victim compensation. The Act specifically includes crimes such as terrorism and mass violence that result in harm to the victim. The Act allows victims to receive compensation even though they have outstanding fines and other monetary penalties or restitution. Finally, the Act amends the time period within which a victim must file for compensation from 180 days to not later than one year after the occurrence of the crime.

Cercla's Mistakes, John Copeland Nagle

William & Mary Law Review

No abstract provided.

Can The United States Afford A “No-Fault” System Of Compensation For Medical Injury?, David M. Studdert, Eric J. Thomas, Brett I. W. Zbar, Joseph P. Newhouse, Paul C. Weiler, Jonathon Bayuk, Troyen A. Brennan

Law and Contemporary Problems

One of the key issues separating US critics of a no-fault alternative to the tort system for compensating victims of medical injury from supporters is its anticipated cost. Results from a study are presented that estimate the costs of a no-fault system, one that is similar to the system now in operation in Sweden, within the context of the US health care system.

The Evolution Of Prp Standing Under The Comprehensive Environmental Response, Compensation, And Liability Act Of 1980, Robert P. Redemann, Michael F. Smith

William & Mary Environmental Law and Policy Review

No abstract provided.

"Shovels First And Lawyers Later": A Collision Course For Cercla Cleanups And Environmental Tort Claims, Gregory M. Romano

William & Mary Environmental Law and Policy Review

No abstract provided.

Administrative Performance Of “No-Fault” Compensation For Medical Injury, Randall R. Bovbjerg, Frank A. Sloan, Peter J. Rankin

Law and Contemporary Problems

"No-fault" is the leading alternative to traditional liability systems for resolving medically caused injuries, and policy interest in such reform reflects numerous concerns with the traditional tort system as it operates in the medical field through malpractice insurance. The administrative experience of the Florida and Virginia no-fault programs is examined.

The Armstrong Principle, The Narratives Of Takings, And Compensation Statutes, William Michael Treanor

William & Mary Law Review

No abstract provided.

Superfund And The Evolution Of Brownfields, Robert H. Abrams

William & Mary Environmental Law and Policy Review

No abstract provided.

An Insurance-Based Compensation System For Product-Related Injuries, Richard C. Ausness

Law Faculty Scholarly Articles

In recent years, an increasing number of commentators have begun to express doubts about the effectiveness of the tort system. According to these critics, tort law does not deter accidents, nor does it spread accident costs efficiently. Worst of all, the tort system is extremely expensive to operate. Some of this criticism has spilled over into the products liability area. Products liability law has been condemned as expensive, ineffective, and regressive; in addition, it has been blamed for higher product prices, foreign competition, problems within the liability insurance industry, corporate bankruptcies, lack of product development, and the removal of useful …

Review Of Regulatory Takings: Law, Economics And Politics, By William A. Fischel, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

This article reviews Regulatory Takings: law, Economics and Politics by William A. Fischel (1997).

William Fischel's Regulatory Takings confronts one of the most difficult and significant questions in constitutional law: how should courts determine which government regulations run afoul of the takings clause of the Fifth Amendment, which requires the government to provide compensation when it takes private property? Broadly read, the clause would bar government regulations with redistributive consequences, thus rendering the modern regulatory state unconstitutional. This reading, championed by Professor Richard Epstein, has achieved great prominence in academic and political debates, but the vast preponderance of judges and …