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Full-Text Articles in Law

Jesner V. Arab Bank, Plc: Limiting The Liability Of Foreign Corporations By Curbing The Breadth Of The Alien Tort Statute, Sudipta Das Jan 2020

Jesner V. Arab Bank, Plc: Limiting The Liability Of Foreign Corporations By Curbing The Breadth Of The Alien Tort Statute, Sudipta Das

Journal of Business & Technology Law

No abstract provided.


Perpetuating Injustice: Analyzing The Maryland Court Of Appeals’S Refusal To Change The Common Law Doctrine Of Contributory Negligence, Andrew White Aug 2019

Perpetuating Injustice: Analyzing The Maryland Court Of Appeals’S Refusal To Change The Common Law Doctrine Of Contributory Negligence, Andrew White

Maryland Law Review

No abstract provided.


Rescuing Maryland Tort Law: A Tribute To Judge Sally Adkins, Donald G. Gifford Jul 2019

Rescuing Maryland Tort Law: A Tribute To Judge Sally Adkins, Donald G. Gifford

Maryland Law Review

No abstract provided.


Jackson V. Dackman Co.: The Legislative Modification Of Common Law Tort Remedies Under Article 19 Of The Maryland Declaration Of Rights, Dan Friedman Jun 2018

Jackson V. Dackman Co.: The Legislative Modification Of Common Law Tort Remedies Under Article 19 Of The Maryland Declaration Of Rights, Dan Friedman

Maryland Law Review

No abstract provided.


Take-Home Toxin: Following Kesner’S Lead And Creating A Consistent Framework For Determining Duty Toward Victims Of Secondary Asbestos Exposure, Brendan Kelly Jun 2018

Take-Home Toxin: Following Kesner’S Lead And Creating A Consistent Framework For Determining Duty Toward Victims Of Secondary Asbestos Exposure, Brendan Kelly

Maryland Law Review

No abstract provided.


The Privacy Of The Public Schools, Emily Suski May 2018

The Privacy Of The Public Schools, Emily Suski

Maryland Law Review

This Article compares the liability of the public schools with that of families for harms to children in their care. Families serve as an apt vehicle for comparative analysis because families’ and schools’ responsibilities for children overlap substantially. Despite these overlapping responsibilities, however, the law allows schools to evade liability for harms to children and penalizes families for the same or similar harms.

Drawing on feminist theory on privacy and the public/private divide, this Article argues that the limits of public school liability mean they have privacy. Feminist theorists identify privacy as freedom from regulation and intrusion into decision-making. Public …


Trial And Error: Legislating Adr For Medical Malpractice Reform, Lydia Nussbaum Mar 2017

Trial And Error: Legislating Adr For Medical Malpractice Reform, Lydia Nussbaum

Maryland Law Review

The U.S. healthcare system has a problem: hundreds of thousands of people die each year, and over a million are injured, by medical mistakes that could have been avoided. Furthermore, over ninety percent of these patients and their families never learn of the errors or receive redress. This problem persists, despite myriad reforms to the medical malpractice system, because of lawmakers’ dominant focus on reducing providers’ liability insurance costs. Reform objectives are beginning to change, however, and the vehicle for implementing these changes is alternative dispute resolution (“ADR”). Historically, legislatures deployed ADR to curb malpractice litigation and restrict patients’ access …


Blackburn Limited Partnership V. Paul: The Birth Of Maryland’S Statute Or Ordinance Rule And Its Ill-Defined “Targeted Class” Requirement, Monica Basche May 2015

Blackburn Limited Partnership V. Paul: The Birth Of Maryland’S Statute Or Ordinance Rule And Its Ill-Defined “Targeted Class” Requirement, Monica Basche

Maryland Law Review

No abstract provided.


Fda Approval Of Drugs And Devices: Preemption Of State Laws For “Parallel” Tort Claims, Marcia Boumil Jan 2015

Fda Approval Of Drugs And Devices: Preemption Of State Laws For “Parallel” Tort Claims, Marcia Boumil

Journal of Health Care Law and Policy

The U.S. Supreme Court’s important ruling in Mutual Pharmaceutical Co., Inc. v. Bartlett concerns whether the Food and Drug Administration’s (“FDA”) approval of a generic drug insulates the drug manufacturer from liability under state tort laws from claims of injury due to an alleged “design defect.” The Court previously ruled that FDA approval does not preempt state law claims based upon failure-to-warn, at least with respect to brand name products. In contrast, the Court previously ruled that the federal regulatory process leading to FDA approval of generic equivalents of brand drugs—and designation of the drug label—does preempt state law as …


Warr V. Jmgm Group: Maryland Dram Shops Escape Duty To Foreseeable Victims Of Drunk Driving, Katherine O'Konski Jan 2014

Warr V. Jmgm Group: Maryland Dram Shops Escape Duty To Foreseeable Victims Of Drunk Driving, Katherine O'Konski

Maryland Law Review

No abstract provided.


Kiobel And Extraterritoriality: A Rule Without A Rationale, David L. Sloss Jan 2013

Kiobel And Extraterritoriality: A Rule Without A Rationale, David L. Sloss

Maryland Journal of International Law

No abstract provided.


Hostile Educational Environments, Ari Ezra Waldman Jan 2012

Hostile Educational Environments, Ari Ezra Waldman

Maryland Law Review

No abstract provided.


Sexual Harassment 2.0, Mary Anne Franks Jan 2012

Sexual Harassment 2.0, Mary Anne Franks

Maryland Law Review

No abstract provided.


Altered Standards Of Care: Needed Reform For When The Next Disaster Strikes, Rebecca Mansbach Jan 2011

Altered Standards Of Care: Needed Reform For When The Next Disaster Strikes, Rebecca Mansbach

Journal of Health Care Law and Policy

No abstract provided.


Reforming Public Interest Tort Law To Redress Public Health Epidemics, Michael L. Rustad, Thomas H. Koenig Jan 2011

Reforming Public Interest Tort Law To Redress Public Health Epidemics, Michael L. Rustad, Thomas H. Koenig

Journal of Health Care Law and Policy

No abstract provided.


Independent Newspapers, Inc. V. Brodie: Maryland's Precarious Balance Between Internet Defamation And The Right To Eanonymity, Bryce Donohue Jan 2011

Independent Newspapers, Inc. V. Brodie: Maryland's Precarious Balance Between Internet Defamation And The Right To Eanonymity, Bryce Donohue

Journal of Business & Technology Law

No abstract provided.


Asbestos Fraud Should Lead To Fairness: Why Congress Should Enact The Fairness In Asbestos Injury Resolution Act, Elise Gelinas Jan 2009

Asbestos Fraud Should Lead To Fairness: Why Congress Should Enact The Fairness In Asbestos Injury Resolution Act, Elise Gelinas

Maryland Law Review

No abstract provided.


Hatfill V. New York Times Co.: From Watchdog To Attack Dog—Transforming The Modern Media Into “Big Brother”, William C. Ferguson Iv Jan 2009

Hatfill V. New York Times Co.: From Watchdog To Attack Dog—Transforming The Modern Media Into “Big Brother”, William C. Ferguson Iv

Maryland Law Review

No abstract provided.


Double Helix, Double Standards: Private Matters And Public People, Teneille R. Brown Jan 2008

Double Helix, Double Standards: Private Matters And Public People, Teneille R. Brown

Journal of Health Care Law and Policy

No abstract provided.


Tort Liability For Vendors Of Insecure Software: Has The Time Finally Come?, Michael D. Scott Jan 2008

Tort Liability For Vendors Of Insecure Software: Has The Time Finally Come?, Michael D. Scott

Maryland Law Review

No abstract provided.


Sexual Harassment In Education And Student Athletics: A Case For Why Title Ix Sexual Harassment Jurisprudence Should Develop Independently Of Title Vii, Michael E. Buchwald Jan 2008

Sexual Harassment In Education And Student Athletics: A Case For Why Title Ix Sexual Harassment Jurisprudence Should Develop Independently Of Title Vii, Michael E. Buchwald

Maryland Law Review

No abstract provided.


Against Genetic Exceptionalism: An Argument In Favor Of The Viability Of Preconception Genetic Torts, Daniel S. Goldberg Jan 2007

Against Genetic Exceptionalism: An Argument In Favor Of The Viability Of Preconception Genetic Torts, Daniel S. Goldberg

Journal of Health Care Law and Policy

No abstract provided.


Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington Jan 2006

Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington

Maryland Law Review

No abstract provided.


Deterrence Or Disgorgement? Reading Ciraolo After Campbell, Anthony J. Sebok Jan 2005

Deterrence Or Disgorgement? Reading Ciraolo After Campbell, Anthony J. Sebok

Maryland Law Review

No abstract provided.


Introduction Of Guido Calabresi, Oscar S. Gray Jan 2005

Introduction Of Guido Calabresi, Oscar S. Gray

Maryland Law Review

No abstract provided.


Guido Calabresi's The Costs Of Accidents: A Reassessment, Richard A. Posner Jan 2005

Guido Calabresi's The Costs Of Accidents: A Reassessment, Richard A. Posner

Maryland Law Review

No abstract provided.


The Costs Of Dispositionism: The Premature Demise Of Situationist Law And Economics, Adam Benforado, Jim Hanson Jan 2005

The Costs Of Dispositionism: The Premature Demise Of Situationist Law And Economics, Adam Benforado, Jim Hanson

Maryland Law Review

No abstract provided.


Calabresi And The Intellectual History Of Law And Economics, Keith N. Hylton Jan 2005

Calabresi And The Intellectual History Of Law And Economics, Keith N. Hylton

Maryland Law Review

No abstract provided.


Causation And Responsibility: The Compensation Principle From Grotius To Calabresi, Francesco Parisi, Vincy Fon Jan 2005

Causation And Responsibility: The Compensation Principle From Grotius To Calabresi, Francesco Parisi, Vincy Fon

Maryland Law Review

No abstract provided.


"There Have To Be Four" , Frank I. Michelman Jan 2005

"There Have To Be Four" , Frank I. Michelman

Maryland Law Review

No abstract provided.