Law Commons^™

Understanding The Negligence Question, Garo V. Moughalian

Lincoln Memorial University Law Review Archive

There is currently an unsolved problem in the legal literature regarding the role cost-benefit analysis should play in determinations of breach in negligence cases. Additionally, despite extensive writings, the relationship between duty and breach in negligence cases remains unclear. At the core of the problem lies the inadequacy of our understanding of breach, which, currently established through a number of independent constructs, lacks a fundamental conceptual base. Further complicating matters is the limited study afforded the nature of the negligence cause of action itself, which leaves the element of duty on unsound footing. This article fills those gaps. With an …

Blackwater Rising: The Legal Issues Raised By The Unprecedented Privatization Of U.S. Military Functions, Robert D. Peltz

University of Miami Law Review

The Army has used civilian contractors to provide supplies and services to its forces in the field since the Revolutionary War. These early contractors fed the cavalry’s horses and transported supplies. Over the years, the role of the civilian contractor has dramatically evolved. Following the Vietnam War and the end of the draft, there has been an ever-increasing privatization of functions previously performed by the military.
The wars in Iraq and Afghanistan, which began in response to the September 11 attacks and have only recently started to come to a formal end, have significantly accelerated this process. As a result, …

Tinjauan Yuridis Perbuatan Melawan Hukum Terhadap Cacat Badan Di Indonesia, Yulianto Manurung

"Dharmasisya” Jurnal Program Magister Hukum FHUI

One of the categories of acts against the law stipulated in Article 1365 to 1380 of the Civil Code is an unlawful act that causes bodily defects as stipulated in Article 1371 of the Civil Code What often causes problems in practice is the calculation of the amount of material compensation that must be given to victims who have disabilities as a result of unlawful acts because the Civil Code does not provide clear and complete benchmarks regarding this matter. Arrangements regarding compensation to victims of acts against the law especially those that cause bodily disabilities for the victim have …

The Relevance Of Defendants’ Wealth For Forward-Looking, Backward-Looking, And Mixed Accounts Of Tort Damages, Michael Pressman

Chicago-Kent Law Review

No abstract provided.

Comments On Provisions Of Tort In Iraqi Civil Law, Dr. Galil Hassan Al-Saadi

UAEU Law Journal

Iraqi Civil Law number 40 of 1951 has some rules driven from Islamic Law and some others from foreign legislations. Despite that, law has some defects relating basically to drafting some of its articles from one hand, and from another hand some recourses of this law were improper. This search contains some comments on rules dealing with tort. Some comments concern with tort of personal actions, some other comments concern with tort of a third party Action which has been regulated by law in three articles divided into two places. Study deals as well with some comments on liability of …

Modern Trends Of Liability For Tort: A Comparative & Analytical Study On The United Arab Emirates (Uae) And The Qatari Laws In Light Of The Developments In The French Law, Dr.Adnan Sarhan

UAEU Law Journal

The position of Emirati Law differed from that of the Qatari one in terms of both personal and substantive approaches of civil liability according to variation in their historical sources. While Qatari Civil Law adopted Fault in its personal concept as a basis for liability of unlawful act, influenced by most Arab Civil Laws that preceded it such as Egyptian Civil Law, we find that the UAE Civil Transactions Law, influenced by Islamic Jurisprudence, adopted tort in its substantive concept as a basis for liability of unlawful act.

Despite the fact that both laws are contemporary, they didn't pay adequate …

When The Rule Invites The Exceptions: How The Arizona Supreme Court's Attempt To Clarify The Economic Loss Rule In Flagstaff Affordable Housing Has Led To Discontinuity In Subsequent Application, Grant H. Frazier, Justin J. Larson

Barry Law Review

No abstract provided.

Yes, “Stealthing” Is Sexual Assault… And We Need To Address It, Mikaela Shapiro

Touro Law Review

Nonconsensual condom removal, more popularly known as “stealthing,” exposes victims to potential physical risks such as pregnancy and disease and, as victims make clear, feelings of violation and shame. Such condom removal changes sex from consensual sex into nonconsensual sex. There are currently no laws criminalizing stealthing in the United States. This Note considers possible criminal and civil remedies victims may seek in a court of law. Conditional consent, initial consent to sexual activity that is contingent upon intercourse with a condom and may be revoked once that condom is removed, is a key factor in stealthing cases. Ultimately, this …

The Statutification Of Tort Law Involving The Workplace, Alex B. Long

Scholarly Works

The phenomenon of the "tortification" of employment law involves the consideration and importation of common-law tort principles when interpreting statutory anti-discrimination law. This Article explores the other side of the coin: the “statutification” of tort law as it applies to the workplace. State courts have only infrequently partaken in this enterprise, even in situations in which the two areas of law involve similar issues. This Article suggests that at least some limited form of statutification of tort law as it pertains to the workplace might be useful.

The Fsia And Cyberspace: Could Hact Be The Answer?, Ritika Malkani

Catholic University Journal of Law and Technology

Under the non-commercial tort exception to the Foreign Sovereign Immunities Act (FSIA), a tort committed by a foreign state must occur wholly within the United States in order to trigger jurisdiction and liability in an American court. As such, cybercrimes which are committed abroad, even if targeted at and cause harm to U.S. citizens, fall outside this exception, leaving injured parties with no domestic avenue of redress. Potential solutions to closing this gap in the legal framework include the proposed Homeland and Cyber Threat Act (HACT), expansion of the FSIA's terrorism exception, or overruling the entire tort doctrine.