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Articles 1 - 17 of 17
Full-Text Articles in Law
A Fault-Based Administrative Alternative For Resolving Medical Malpractice Claims, Kirk B. Johnson, Carter G. Phillips, David Orentlicher Orentlicher M.D., Martin S. Hatlie
A Fault-Based Administrative Alternative For Resolving Medical Malpractice Claims, Kirk B. Johnson, Carter G. Phillips, David Orentlicher Orentlicher M.D., Martin S. Hatlie
Vanderbilt Law Review
The recurring crises in medical malpractice litigation have been widely discussed and documented over the past two decades.' In response to these crises, a growing consensus has emerged among legislatures, government agencies, and scholars in favor of tort reform. Indeed, virtually every state has passed some tort reform legislation.'Despite the reforms, several serious problems persist in medical malpractice. The current tort system does not compensate injured patients adequately or equitably, nor does it deter negligent practices sufficiently. These failings occur despite the increasingly high costs to society of the tort system. Particularly troublesome is the impact of these crises on …
Corporations, Partnerships And Associations Limited Partnerships: Amend Georgia Revised Uniform Limited Partnership Act, T. Mallory
Georgia State University Law Review
The Act amends the limitations on names available to limited partnerships, provides for the merger of a limited partnership with a corporation, permits a general partner to maintain the confidentiality of reasonable trade secrets, provides for interim redemption of partnership interests, and alters public notice requirements as they affect the personal liability of a withdrawing general partner.
Corporations, Partnerships And Associations Partnerships: Revise Georgia Uniform Partnership Act, T. Mallory
Corporations, Partnerships And Associations Partnerships: Revise Georgia Uniform Partnership Act, T. Mallory
Georgia State University Law Review
The Act introduces minor revisions and additions to Georgia's Uniform Partnership Act (UPA). The contents of statements of partnership are expanded to include information regarding the admission of new partners, and the Act provides that any such inclusion creates a conclusive presumption that an admittee so named is in fact a partner. The Act also amends the UPA to specify that when the business of a partnership is continued after an agreement of dissolution, partnership property may be applied to the liabilities and obligations of the continuing partnership. Title to the predecessor partnership's real property vests in the continuing partnership …
Illinois' Drug Induced Homicide Statute: A Tough State Just Got Tougher, Thomas N. Osran
Illinois' Drug Induced Homicide Statute: A Tough State Just Got Tougher, Thomas N. Osran
Northern Illinois University Law Review
This Legislative Note discusses the new Illinois Drug Induced Homicide Statute that went into effect January 1, 1989. The Note traces the common law history of imposing homicide liability on drug suppliers for drug-related deaths and compares the Illinois statute with eleven other state statutes creating this type of homicide liability. The Note suggests ways the legislature or judiciary could clarify the statute through amendment or interpretation.
Asbestos Abatement: The Allocation Of Liability, Jeffrey M. Nelson
Asbestos Abatement: The Allocation Of Liability, Jeffrey M. Nelson
South Carolina Law Review
No abstract provided.
Howard V. United States: Who Should Be Responsible For The 100 Percent Penalty?, James E. Hungerford
Howard V. United States: Who Should Be Responsible For The 100 Percent Penalty?, James E. Hungerford
Seattle University Law Review
The 100 percent penalty provision of I.R.C. section 6672 imposes a penalty that can far exceed the maximum criminal penalties for fraud or tax evasion. For this reason, the Internal Revenue Service (I.R.S.) should only assess the 100 percent penalty against persons who are clearly liable for the penalty. As Justice Rehnquist said in his dissent in United States v. Sotelo, the 100 percent penalty provision imposes a potentially crushing liability on corporate officials-a liability that is nondischargeable (in bankruptcy) in its entirety and virtually in perpetuity. This Note will discuss section 6672, including its purpose, history, and specific …
Public Official's Qualified Immunity In Section 1983 Actions Under Harlow V. Fitzgerald And Its Progeny: A Critical Analysis, Stephen J. Shapiro
Public Official's Qualified Immunity In Section 1983 Actions Under Harlow V. Fitzgerald And Its Progeny: A Critical Analysis, Stephen J. Shapiro
University of Michigan Journal of Law Reform
Part I of this Article discusses the development of immunities in section 1983 actions. Part II examines the application of Harlow and its progeny to a variety of situations. This discussion shows that broadened qualified immunity produces anomalous results under some circumstances by granting immunity to officials who have acted in a clearly culpable manner. Part III discusses the appropriateness of the Harlow standard and determines that it is neither supported by the legislative history of section 1983 nor by legitimate policy concerns. Finally, Part IV proposes several solutions that would protect deserving public officials from personal damage liability without …
Postpartum Psychosis As A Defense To Infant Murder, Barbara E. Rosenberg
Postpartum Psychosis As A Defense To Infant Murder, Barbara E. Rosenberg
Touro Law Review
No abstract provided.
Torts, Michael L. Richmond
Torts, Michael L. Richmond
Nova Law Review
Developments in the law of torts this past survey year took a secondary role to the bitter battle for votes to prevent amendment of Florida's Constitution.
The Perimeters Of Liability For Negligent Misrepresentation In Maryland, Andrew C.J. Mccandless Kidd
The Perimeters Of Liability For Negligent Misrepresentation In Maryland, Andrew C.J. Mccandless Kidd
Maryland Law Review
No abstract provided.
Retroactive Application Of Tennessee V. Garner To Civil Litigation, John G. Crowley
Retroactive Application Of Tennessee V. Garner To Civil Litigation, John G. Crowley
Fordham Law Review
No abstract provided.
Fetal Abuse: Culpable Behavior By Pregnant Women Or Parental Immunity, George P. Smith Ii
Fetal Abuse: Culpable Behavior By Pregnant Women Or Parental Immunity, George P. Smith Ii
Journal of Law and Health
The purpose of this essay is to demonstrate the pressing need of the law to take decisive action in imposing tort liability for willful and malicious conduct by drug addicted women during their pregnancy. Liability should be imposed notwithstanding the warnings from civil libertarians that the enforcement of such a policy would most assuredly give rise to "prenatal police patrols".
Resolving The Medical Malpractice Crisis: Alternatives To Litigation, Allen K. Hutkin
Resolving The Medical Malpractice Crisis: Alternatives To Litigation, Allen K. Hutkin
Journal of Law and Health
This article will review the societal and individual costs of the present medical malpractice system, analyze current efforts to reform the system, and propose several alternatives for consideration. These alternatives include expanding the use of alternative dispute resolution, reformulating the doctor/patient relationship, expanding the scope of conventional hospital risk management and modifying the manner in which medical malpractice insurance is presently provided.
United States V. Johnson: Expansion Of The Feres Doctrine To Include Servicemembers' Ftca Suits Against Civilian Government Employees, Anne R. Riley
United States V. Johnson: Expansion Of The Feres Doctrine To Include Servicemembers' Ftca Suits Against Civilian Government Employees, Anne R. Riley
Vanderbilt Law Review
The United States Government traditionally has enjoyed sovereign immunity from tort liability. In 1946, however, Congress waived this immunity by enacting the Federal Tort Claims Act (FTCA). The FTCA gives federal district courts original jurisdiction over any claims for personal injury or death caused by the negligence of any governmental employee." This broad waiver of immunity, however, is subject to certain exceptions. Although Congress made no explicit exception for noncombat claims of service members, the Supreme Court of the United States in Feres v. United States' construed the FTCA as creating an exception that bars all claims for injuries to …
A Proposal To Protect Injured Workers From Employers' Shield Of Immunity., Catherine A. Hale
A Proposal To Protect Injured Workers From Employers' Shield Of Immunity., Catherine A. Hale
St. Mary's Law Journal
The current workers’ compensation system shields negligent employers from liability and fails to encourage compliance with safety standards. A practical solution is to broaden the judicial definition of intentional conduct and reinstate a common-law negligence action in workers’ compensation statutes. The Texas Workers’ Compensation Act awards compensation to employees for accidental injuries sustained in the course of employment. The Act bars an employee who accepts these benefits from bringing a common-law suit for damages against the employer. The exclusive nature of the workers’ compensation remedy thus leaves employers immune from common-law negligence actions by employees who accept the plan. An …
Torts: Oklahoma's Tool For Expanding Tort Liability: O'Toole V. Carlsbad Service Station, Eric D. Janzen
Torts: Oklahoma's Tool For Expanding Tort Liability: O'Toole V. Carlsbad Service Station, Eric D. Janzen
Oklahoma Law Review
No abstract provided.
Torts: The Fault-Free Plaintiff And The Governmental Tortfeasor: Several Liability In Oklahoma Under Fuller V. Odom, Tim Rhodes
Oklahoma Law Review
No abstract provided.