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Full-Text Articles in Law
United States V. Johnson, Lewis F. Powell Jr.
United States V. Johnson, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Draft Of The Intent In Private Tort Law - 1986, Wendy J. Gordon
Draft Of The Intent In Private Tort Law - 1986, Wendy J. Gordon
Scholarship Chronologically
These points can be best understood by bifurcating "intent" into its two components: state of mind (advertence) and the object to which the defendant's state of mind is directed.
Draft Of The Incoherence Of Intentional Torts And Section 1983 - 1986, Wendy J. Gordon
Draft Of The Incoherence Of Intentional Torts And Section 1983 - 1986, Wendy J. Gordon
Scholarship Chronologically
The Supreme Court has often faced the question of whether a person who alleges that a state or local official has caused him injury, can bring a constitutional tort action under section 1983 when the state doctrine of sovereign or official immunity makes it impossible for the injured person to prosecute an ordinary tort suit in the relevant state court.
Note On Materials For Arfuller - 1986, Wendy J. Gordon
Note On Materials For Arfuller - 1986, Wendy J. Gordon
Scholarship Chronologically
1/18/86 draft of "Towards a Unified Theory"
Lecture Material For Advanced Torts - 1986, Wendy J. Gordon
Lecture Material For Advanced Torts - 1986, Wendy J. Gordon
Scholarship Chronologically
This assumes. of course, the defendant wants a speedy trial and is not intentionally hindering the Government's attempt to provide one. That assumption may be open to question in this case. The majority points out that respondents' strategically timed demands (or a speedy trial run somewhat hollow in light of respondents; overall behavior during the litigation.
Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck
Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck
Faculty Publications
Federal and state courts are increasingly confronted with the unenviable task of giving legal definition to matters affecting relations between religion and government.' Many of the lawsuits pitting church against state are surface manifestations of a more fundamental disintegration of an American public philosophy.
Remedying Insurers' Bad Faith Contract Performance: A Reassessment, Robert H. Jerry Ii
Remedying Insurers' Bad Faith Contract Performance: A Reassessment, Robert H. Jerry Ii
Faculty Publications
This article examines the implications of the differing remedies provided by tort and contract law. Part I describes the traditional major duties owed by an insurer to an insured and outlines the remedies currently provided in most jurisdictions for the breach of these duties. Part II gives special attention to the insurer's implied duty of good faith and fair dealing; it reviews the historical origins of the duty and describes the alternative ways to categorize it. Part III argues that the duty of good faith and fair dealing should be treated as a contract duty, but that courts should administer …
Torts (Annual Survey Of Michigan Law, June 1, 1984 - May 31, 1985), Lawrence C. Mann
Torts (Annual Survey Of Michigan Law, June 1, 1984 - May 31, 1985), Lawrence C. Mann
Law Faculty Research Publications
Areas of particular significance during the Survey period include products liability and governmental immunity. In the area of products liability, the Michigan Supreme Court declined to determine whether a manufacturer of birth control pills has a duty to warn the ultimate user, stating that this determination is best left to the legislature. The court's reluctance to rule in the area of products liability for drugs sharply contrasted with its willingness to abolish implied warranty as a theory of liability for design defects. In the area of governmental immunity, the supreme court restructured the governmental immunity doctrine to shield state and …
Civil Practice: Comparative Negligence, Jay C. Carlisle
Civil Practice: Comparative Negligence, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
Recent decisional law by the Court of Appeals has placed new limits on the applicability of article 14-A to some assumption of risk cases, to matters involving some labor law violations, and to violations of legal prohibitions. These limitations are important to the practitioner representing clients who seek to benefit from New York's comparative negligence statute.
The Fault With Comparative Fault: The Problem Of Individual Comparisons In A Modified Comparative Fault Jurisdiction, Michael K. Steenson
The Fault With Comparative Fault: The Problem Of Individual Comparisons In A Modified Comparative Fault Jurisdiction, Michael K. Steenson
Faculty Scholarship
Minnesota courts have interpreted the Minnesota Comparative Fault statute as requiring comparison of a plaintiff's negligence with the individual negligence of each defendant. Exceptions to this rule involve joint venture cases. This Article examines the individual comparison rule and explores an alternative rule which provides for a comparison of the plaintiff's negligence with the aggregate negligence of the defendants.
Torts, Ralph Michael Stein
Torts, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
While the last several years have witnessed significant change in the field of tort law, viewed as advancement by some and regression by others, 1985 was a relatively stable year, at least in the courtroom. With a sometimes real, sometimes imagined, crisis in the liability insurance field, the drive to change, reform, improve, and re-package the law of civil wrongs has been in full swing. A myriad of legislative proposals followed a continued public debate, fueled by high pressure advertising campaigns, about the societal cost of the common law tort system. Local governments threatened to close parks and police departments; …
Manufacturers' Or Marketers' Liability For The Criminal Use Of Saturday Night Specials: A New Common Law Approach--Kelley V. R.G. Industries, 497 A.2d 1143 (Md. 1985), Matthew Steffey
Journal Articles
No abstract provided.
Note, Frye V. Frye: Maryland Sacrifices The Child For The Sake Of The Family, Kathryn Webb Bradley
Note, Frye V. Frye: Maryland Sacrifices The Child For The Sake Of The Family, Kathryn Webb Bradley
Faculty Scholarship
No abstract provided.