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Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Cleveland State Law Review
This article explores the policy reasons which courts have adopted to deny a private cause of action holding educators legally liable for deficiencies in a student's education. The introductory section provides the background on the basic issue of malpractice in education. Section two examines educational malpractice case law focusing first on cases involving negligence in basic academic skill instruction, then looking at negligence in special education. Section three explores the various duty of care arguments while section four discusses three alternate theories for recovery. Section five analyzes the policy reasons for denial of the tort of educational malpractice. New directions …
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Cleveland State Law Review
This article explores the policy reasons which courts have adopted to deny a private cause of action holding educators legally liable for deficiencies in a student's education. The introductory section provides the background on the basic issue of malpractice in education. Section two examines educational malpractice case law focusing first on cases involving negligence in basic academic skill instruction, then looking at negligence in special education. Section three explores the various duty of care arguments while section four discusses three alternate theories for recovery. Section five analyzes the policy reasons for denial of the tort of educational malpractice. New directions …
Who Decides - Community Safety Conventions At The Heart Of Tort Liability, Patrick J. Kelley
Who Decides - Community Safety Conventions At The Heart Of Tort Liability, Patrick J. Kelley
Cleveland State Law Review
What we need is a uniformly accepted theory that explains the tort liability system in terms of its ultimate social function. The reason we don't have one, I will argue, is that our understanding of the tort liability system has been skewed by an earlier, flawed attempt at descriptive theory. Before embarking on a new search for a descriptive theory, we first ought to formulate a search plan, sometimes called, forbiddingly, a "theoretical methodology." Using John Finnis's social science methodology, we can identify the two halves of the focal case of tort liability: intentional battery and negligent infliction of personal …
Is The Attractive Nuisance Doctrine Outmoded, Robert M. Debevec
Is The Attractive Nuisance Doctrine Outmoded, Robert M. Debevec
Cleveland State Law Review
The history of the "attractive nuisance" rule shows that it stemmed from the turntable cases because the courts felt that an owner of a contrivance of this nature was negligent in not keeping it locked when he realized that small children would play on it. From this shaky proposition of law was built the even shakier structure of the "attractive nuisance." There was no longer any question of the owner failing to repair a lock on a turntable, but the mere fact that the instrumentality or appliance was there became enough to find the owner liable towards trespassing children. The …