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Articles 1 - 30 of 58
Full-Text Articles in Law
Defamation In Broadcasting, Keith R. Evans
Defamation In Broadcasting, Keith R. Evans
Dalhousie Law Journal
The law of defamation is not new to the world, nor limited to certain nations: Moses commanded: "Neither shalt thou bear false witness against thy neighbour." The Far East punished slander. The Twelve Tables of Rome recognized defamation. Early Anglo- Saxon and Germanic laws took a serious view of insult by word or gesture. Punishment included excision of the tongue. In England, a book on libel was written three hundred years ago. Under a French ordinance of the past century the publication of a libel was punished by whipping and on a second offence with death. ' Obviously, the consequences …
Markert V. Johnston, 367 So. 2d 1003 (Fla. 1978), Jane Cameron Hayman
Markert V. Johnston, 367 So. 2d 1003 (Fla. 1978), Jane Cameron Hayman
Florida State University Law Review
Torts-CIVIL PROCEDURE- NONJOINDER OF MOTOR VEHICLE LIABILITY INSURERS HELD UNCONSTITUTIONAL
Tort Liability And Recreational Use Of Land, Michael S. Buskus
Tort Liability And Recreational Use Of Land, Michael S. Buskus
Buffalo Law Review
No abstract provided.
Auburn Machine Works Co. V. Jones, 366 So. 2d 1167 (Fla. 1979), Thomas R. Criss
Auburn Machine Works Co. V. Jones, 366 So. 2d 1167 (Fla. 1979), Thomas R. Criss
Florida State University Law Review
Torts-PRODUCTS LIABILITY- FLORIDA REJECTS THE PATENT DANGER DOCTRINE
Intrafamily Tort Immunity In Virginia: A Doctrine In Decline, Evans L. King Jr.
Intrafamily Tort Immunity In Virginia: A Doctrine In Decline, Evans L. King Jr.
William & Mary Law Review
No abstract provided.
Comparative Causation, Indemnity, And The Allocation Of Losses Between Joint Tortfeasors In Products Liability Cases., Timothy Patton
Comparative Causation, Indemnity, And The Allocation Of Losses Between Joint Tortfeasors In Products Liability Cases., Timothy Patton
St. Mary's Law Journal
Abstract Forthcoming.
Economic Loss, 402a, And An Unreasonably Dangerous Product: Can Mid Continent Aircraft, Signal Oil, And Nobility Homes Be Reconciled., J. Nevin Shaffer Jr.
Economic Loss, 402a, And An Unreasonably Dangerous Product: Can Mid Continent Aircraft, Signal Oil, And Nobility Homes Be Reconciled., J. Nevin Shaffer Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Recovery Of Consequential Damages In Breach Of Implied Warranty Action Disallowed To Extent Buyer's Negligence Was Concurring Proximate Cause., Karen Angelini
Recovery Of Consequential Damages In Breach Of Implied Warranty Action Disallowed To Extent Buyer's Negligence Was Concurring Proximate Cause., Karen Angelini
St. Mary's Law Journal
Abstract Forthcoming.
Applying Strict Liability To Defective Products Litigation In West Virginia With Explanatory Emphasis Upon Coal Mining Machinery Cases, Richard E. Rowe
Applying Strict Liability To Defective Products Litigation In West Virginia With Explanatory Emphasis Upon Coal Mining Machinery Cases, Richard E. Rowe
West Virginia Law Review
No abstract provided.
Oliver Wendell Holmes And External Standards Of Criminal And Tort Liability: Application Of Theory On The Massachusetts Bench, William A. Lundquist
Oliver Wendell Holmes And External Standards Of Criminal And Tort Liability: Application Of Theory On The Massachusetts Bench, William A. Lundquist
Buffalo Law Review
No abstract provided.
Scope Of The Physician’S Duty To Reduce Risks Posed By Epileptic Drivers, H. Richard Beresford
Scope Of The Physician’S Duty To Reduce Risks Posed By Epileptic Drivers, H. Richard Beresford
Cornell Law Faculty Publications
No abstract provided.
Contractual Liability Of Physicians: The Interface Of Tort And Contract, David N. Wynn
Contractual Liability Of Physicians: The Interface Of Tort And Contract, David N. Wynn
Buffalo Law Review
No abstract provided.
Role Of Misuse In Products Liability Litigation, David A. Fischer
Role Of Misuse In Products Liability Litigation, David A. Fischer
Faculty Publications
Misuse is puzzling. Sometimes it cuts off liability and sometimes it does not, but courts have failed to clarify exactly what sort of conduct qualifies as the type of misuse that bars recovery. Generally speaking misuse takes two forms, abnormal use and mishandling. Abnormal use comes about when a product is used for an improper purpose; mishandling comes about when a product is used for a proper purpose but in an improper manner. Under this definition defendants can claim that virtually any unusual handling or use of a product constitutes misuse. Yet courts will not always accept this characterization. They …
Renewed Judicial Controversy Over Defective Product Design: Toward The Preservation Of An Emerging Consensus, James A. Henderson Jr.
Renewed Judicial Controversy Over Defective Product Design: Toward The Preservation Of An Emerging Consensus, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Probability Theory Meets Res Ipsa Loquitur, David Kaye
Probability Theory Meets Res Ipsa Loquitur, David Kaye
Michigan Law Review
This Article uses probability theory normatively in an effort to clarify one aspect of the famous tort doctrine known as res ipsa loquitur. It does not urge that jurors be instructed in probability theory or be equipped with microprocessors. Rather, it seeks an accurate statement of the res ipsa doctrine in ordinary language. In particular, this Article will show that the conventional formulation of the doctrine is misleading at best, and should be replaced with a more careful statement of the conditions warranting the res ipsa inference. To this end, Section I briefly surveys the legal doctrine, or, more precisely, …
An Expert's Reputation, Malcolm Merry
An Expert's Reputation, Malcolm Merry
Dalhousie Law Journal
"Comment is free, but facts are sacred" is both a good working tale for journalists and a fairly accurate encapsulation of their obligations under the law of libel. The difficulty of course lies in sorting out fact from comment. It was this difficulty that faced the Nova Scotia courts in Barltrop v. Canadian Broadcasting Corporation, 1 and the appeal judges came up with a different answer from the trial judge. The case was one of the legal reverberations of the controversy about lead poisoning in Toronto during 1974. The C.B.C.'s programme "As It Happens" broadcast a special feature on the …
Pain And Profit: The Politics Of Malpractice, Ruth L. Gokel
Pain And Profit: The Politics Of Malpractice, Ruth L. Gokel
Florida State University Law Review
By Sylvia Law and Steven Polan. New York: Harper & Row, Publishers. 1978. Pp xiv, 305. $12.95.
Recovery For Negligent Infliction Of Emotional Distress: Changing The Impact Rule In Indiana, David B. Millard
Recovery For Negligent Infliction Of Emotional Distress: Changing The Impact Rule In Indiana, David B. Millard
Indiana Law Journal
No abstract provided.
Mapoles V. Mapoles, 360 So. 2d 1137 (Fla. 1st Dist. Ct. App. 1977), Helio De La Torre
Mapoles V. Mapoles, 360 So. 2d 1137 (Fla. 1st Dist. Ct. App. 1977), Helio De La Torre
Florida State University Law Review
Torts-STRICT LIABILITY-DOG OWNERS VIRTUAL INSURERS FOR ANY DAMAGE CAUSED BY THEIR DOGS
Georgia Local Government Officers: Rights For Their Wrongs, R. Perry Sentell Jr.
Georgia Local Government Officers: Rights For Their Wrongs, R. Perry Sentell Jr.
Scholarly Works
Responsibility for damage caused by the misconduct of local government officers and employees has long been a concern of the law and of legal observers. According to most accounts, Anglo-American law historically has responded with two diverse rules: immunity for the governments, and liability for the official; both, however, are only points of departure. Although both rules are well established, each carries its own qualifications and the precise relationship between the two is a matter of some controversy.
From Feres To Stencel: Should Military Personnel Have Access To Ftca Recovery, Michigan Law Review
From Feres To Stencel: Should Military Personnel Have Access To Ftca Recovery, Michigan Law Review
Michigan Law Review
This Note reevaluates the Feres doctrine in light of legal developments of the past three decades. It concludes that the FTCA should be extended to military claims. It discusses the arguments that military claims will burden vital government functions and shows that the exception to liability under the present FTCA, particularly the exception for "discretionary actions" by government employees, would adequately protect all legitimate military interests.
Refining The Traditional Theories Of Recovery For Consumer Mental Anguish, Val John Christensen
Refining The Traditional Theories Of Recovery For Consumer Mental Anguish, Val John Christensen
BYU Law Review
No abstract provided.
The Groundless Case - The Lawyer's Tort Duty To His Client And To The Adverse Party., E. Wayne Thode
The Groundless Case - The Lawyer's Tort Duty To His Client And To The Adverse Party., E. Wayne Thode
St. Mary's Law Journal
Abstract Forthcoming.
Either Spouse May Recover For Negligent Impairment Of Consortium., B. Will Clark
Either Spouse May Recover For Negligent Impairment Of Consortium., B. Will Clark
St. Mary's Law Journal
Abstract Forthcoming.
Survey Of Developments In West Virginia Law: 1978
Survey Of Developments In West Virginia Law: 1978
West Virginia Law Review
No abstract provided.
Contribution Among Joint Tortfeasors In Illinois: An Opportunity For Legislative And Judicial Cooperation, Nina S. Appel, Richard A. Michael
Contribution Among Joint Tortfeasors In Illinois: An Opportunity For Legislative And Judicial Cooperation, Nina S. Appel, Richard A. Michael
Loyola University Chicago Law Journal
No abstract provided.
Actions And Remedies Against Government Units And Public Officers For Nonfeasance, Paul T. Wangerin
Actions And Remedies Against Government Units And Public Officers For Nonfeasance, Paul T. Wangerin
Loyola University Chicago Law Journal
No abstract provided.
Products Liability--Functionally Imposed Strict Liability, David A. Fischer
Products Liability--Functionally Imposed Strict Liability, David A. Fischer
Faculty Publications
Many manufacturers and insurance companies claim that a products liability crisis exists. This is evidenced by soaring products liability insurance rates. They express the fear that as insurance becomes unavailable or prohibitively expensive, useful products will be withheld from the market and some manufacturers may even be forced out of business. Such critics of the tort system are calling for modifications of the common law in order to give greater protection to manufacturers. A more drastic approach, vigorously championed by Professor Jeffrey O'Connell, calls for total or partial abolition of the tort system and substitution with various forms of no-fault …
Staff Report Of The Joint Committee On Tort Liability To The Governor And Legislature, Joint Committee On Tort Liability
Staff Report Of The Joint Committee On Tort Liability To The Governor And Legislature, Joint Committee On Tort Liability
California Joint Committees
No abstract provided.