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Full-Text Articles in Law
The Case Against Intermediate Owner Liability Under Cercla For Passive Migration Of Hazardous Waste, Robert L. Bronston
The Case Against Intermediate Owner Liability Under Cercla For Passive Migration Of Hazardous Waste, Robert L. Bronston
Michigan Law Review
This Note argues that Congress intended disposal to have an active meaning and therefore that courts should not hold prior intermediate owners liable for the passive migration of hazardous waste under section 107(a)(2). Part I examines CERCLA's definition of disposal. This Part concludes that the language of the definition, though somewhat ambiguous, supports the active defuiition. Part II considers the history of both CERCLA and the Resource Conservation and Recovery Act (RCRA), which CERCLA amended, in order to determine whether Congress intended to require affirmative conduct on the part of intermediate owners as a prerequisite to liability. Part II …
Cause-In-Fact In Missouri: A Return To Normalcy, Christopher M. Hohn
Cause-In-Fact In Missouri: A Return To Normalcy, Christopher M. Hohn
Missouri Law Review
In order to establish liability in most tort actions, a plaintiff must show that the defendant "caused" the injury or harm in question. This Note focuses on the cause-in-fact requirement discussed in the Missouri Supreme Court case, Callahan v. Cardinal Glennon Hospital. In Callahan , the court dispelled much of the confusion that has plagued Missouri cause-in-fact analysis.' The court clearly expounded the test for cause-in-fact questions. Furthermore, the court explained the exception to the basic test, and clarified Missouri law regarding this essential element of tort liability.
Tort Liability To Those Injured By Negligent Accreditation Decisions, Peter H. Schuck
Tort Liability To Those Injured By Negligent Accreditation Decisions, Peter H. Schuck
Law and Contemporary Problems
The risk of tort liability for negligent accreditators is examined. Only a single court has held a private accrediting body liable to a consumer for negligence in connection with its evaluation of a social service provider.
The Revival Of Tort Theory In Canada, Jamie Cassels
The Revival Of Tort Theory In Canada, Jamie Cassels
Dalhousie Law Journal
Tort scholarship in Canada has not traditionally been preoccupied with theory. Apart from several fine (doctrinally oriented) texts, by far the greatest amount of tort writing found in the journals is ad hoc and responsive to current is sues. It consists for the most part of case comments or 'recent development' articles inspired by important decisions from higher courts. Beyond this, a number of substantive topics and problem areas have recently been dealt with in some detail. There is alarge amount of literature, for example, on the liability of public authorities and professionals, sporting injuries, asbestos and environmental liability, and …
Torts General Provisions: Provide Immunity From Liability For School Volunteers, Laura Jones French
Torts General Provisions: Provide Immunity From Liability For School Volunteers, Laura Jones French
Georgia State University Law Review
The Act provides public and private school volunteers with immunity from tort liability. A volunteer is defined as one who provides services for schools without compensation at the request of the school. This immunity exists for acts and omissions that occur either on school property or at a school-sponsored function. The Act provides immunity from liability for public or private schools that request or participate in providing the volunteer services, provided the school also does not receive compensation.
Review Of: Making Decisions About Liability And Insurance (Colin Camerer & Howard Kunreuther Eds.), Joseph M. Carreiro Jr.
Review Of: Making Decisions About Liability And Insurance (Colin Camerer & Howard Kunreuther Eds.), Joseph M. Carreiro Jr.
RISK: Health, Safety & Environment (1990-2002)
Review of: Making Decisions about Liability and Insurance (Colin Camerer & Howard Kunreuther eds., Kluwer Academic Publishers 1993). Figures, index, notes, tables. ISBN 0-7923-9393-7 [139 pp. Cloth $89.95. 101 Phillip Drive, Assinippi Park, Norwell MA 02061.1
Review Of: Richard 0. Gamble Ii, How To Reduce Professional Liability For Engineers And Architects, Erik C. Swanson
Review Of: Richard 0. Gamble Ii, How To Reduce Professional Liability For Engineers And Architects, Erik C. Swanson
RISK: Health, Safety & Environment (1990-2002)
Review of Richard 0. Gamble II, How to Reduce Professional Liability for Engineers and Architects (Noyes Data Corporation 1987) Foreword, references, index, table of cases. LC: 87-12256; ISBN: 0-8155-1128-0. [102 pp. Cloth $36.00. Mill Road, Park Ridge NJ 07656.]
Expanding Duties Of Attorneys To Non-Clients: Reconceptualizing The Attorney-Client Relationship And Other Inherently Ambiguous Situations, Nancy Jane Moore
Expanding Duties Of Attorneys To Non-Clients: Reconceptualizing The Attorney-Client Relationship And Other Inherently Ambiguous Situations, Nancy Jane Moore
South Carolina Law Review
No abstract provided.
Attorney Liability For Assisting Clients With Wrongful Conduct: Established And Emerging Bases Of Liability, J. Randolph Evans, Ida Patterson Dorvee
Attorney Liability For Assisting Clients With Wrongful Conduct: Established And Emerging Bases Of Liability, J. Randolph Evans, Ida Patterson Dorvee
South Carolina Law Review
No abstract provided.
An Analysis Of Current Theories Of Liability, Susan Taylor Wall, Joseph R. Weston
An Analysis Of Current Theories Of Liability, Susan Taylor Wall, Joseph R. Weston
South Carolina Law Review
No abstract provided.
Violent Crimes At Atms: Analysis Of The Liability Of Banks And The Regulation Of Protective Measures, Gregory W. Hoskins
Violent Crimes At Atms: Analysis Of The Liability Of Banks And The Regulation Of Protective Measures, Gregory W. Hoskins
Northern Illinois University Law Review
This comment examines the growing frequency of violent crimes at automated teller machines (ATMs). The comment analyzes the potential theories of placing liability on financial institutions and identifies the existing regulatory measures that provide protection to ATM users. The author recommends the enactment of legislation which clearly sets forth the minimum acceptable standards of security and provides for further protection of users.
Md&A: The Tightrope Of Disclosure, Mark S. Croft
Md&A: The Tightrope Of Disclosure, Mark S. Croft
South Carolina Law Review
No abstract provided.
Good Whiskey, Drunk Driving, And Innocent Bystanders: The Responsibility Of Manufacturers Of Alcohol And Other Dangerous Hedonic Products For Bystander Injury, Robert Franklin Cochran Jr.
Good Whiskey, Drunk Driving, And Innocent Bystanders: The Responsibility Of Manufacturers Of Alcohol And Other Dangerous Hedonic Products For Bystander Injury, Robert Franklin Cochran Jr.
South Carolina Law Review
No abstract provided.
"Who, Me?": A Supervisor's Individual Liability For Discrimination In The Workplace, Christopher Greer
"Who, Me?": A Supervisor's Individual Liability For Discrimination In The Workplace, Christopher Greer
Fordham Law Review
No abstract provided.
Prior Written Notice Statutes In New York State: The Resurrection Of Sovereign Immunity, Lewis J. Lubell
Prior Written Notice Statutes In New York State: The Resurrection Of Sovereign Immunity, Lewis J. Lubell
Touro Law Review
No abstract provided.
Apportioning Liability To Nonparties In Kentucky Tort Actions: A Natural Extension Of Comparative Fault Or A Phantom Scapegoat For Negligent Defendants?, Julie O'Daniel Mcclellan
Apportioning Liability To Nonparties In Kentucky Tort Actions: A Natural Extension Of Comparative Fault Or A Phantom Scapegoat For Negligent Defendants?, Julie O'Daniel Mcclellan
Kentucky Law Journal
No abstract provided.