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1992

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Articles 1 - 30 of 87

Full-Text Articles in Law

Substantive Corrective Justice, In Symposium, Corrective Justice And Formalism, Richard W. Wright Dec 1992

Substantive Corrective Justice, In Symposium, Corrective Justice And Formalism, Richard W. Wright

All Faculty Scholarship

No abstract provided.


The Logic And Fairness Of Joint And Several Liability, In Symposium, Comparative Negligence, Richard W. Wright Dec 1992

The Logic And Fairness Of Joint And Several Liability, In Symposium, Comparative Negligence, Richard W. Wright

All Faculty Scholarship

No abstract provided.


Survey Of Utah Strict Products Liability Law: From Hahn To The Present And Beyond, Robert A. Mcconnell Nov 1992

Survey Of Utah Strict Products Liability Law: From Hahn To The Present And Beyond, Robert A. Mcconnell

BYU Law Review

No abstract provided.


The Unworkability Of Court-Made Enterprise Liability: A Reply To Geistfeld, James A. Henderson Jr., Aaron Twerski Nov 1992

The Unworkability Of Court-Made Enterprise Liability: A Reply To Geistfeld, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.


From Andrews To Woodson And Beyond: The Development Of The Intentional Tort Exception To The Exclusive Remedy Provision - Rescuing North Carolina Workers From Treacherous Waters, David L. Lambert Oct 1992

From Andrews To Woodson And Beyond: The Development Of The Intentional Tort Exception To The Exclusive Remedy Provision - Rescuing North Carolina Workers From Treacherous Waters, David L. Lambert

North Carolina Central Law Review

No abstract provided.


Summary Judgment Practice In Arkansas: Celotex, The Scintilla Rule, And Other Matters, John J. Watkins Oct 1992

Summary Judgment Practice In Arkansas: Celotex, The Scintilla Rule, And Other Matters, John J. Watkins

University of Arkansas at Little Rock Law Review

No abstract provided.


Comparative Negligence Under The Code: Protecting Negligent Banks Against Negligent Customers, Julianna J. Zekan Oct 1992

Comparative Negligence Under The Code: Protecting Negligent Banks Against Negligent Customers, Julianna J. Zekan

University of Michigan Journal of Law Reform

This Article will examine modern banking practices with respect to processing checks and the effect of technology on liability for forged or altered checks. Part I describes the magnetic ink character-recognition system. Part II discusses check truncation. Part III recounts the evolution of contract and tort theories of liability from traditional to modern bank practices. Part IV analyzes the new comparative negligence provisions. Part V investigates the standards of ordinary care. Part VI evaluates the respective duties of the banks and their customers in light of the provisions that reflect the banking industry's transformation from the Paper Age to ...


Punitive Damages: A Primer For Utah, Crookston V. Fire Insurance Exchange, David F. Burrett Sep 1992

Punitive Damages: A Primer For Utah, Crookston V. Fire Insurance Exchange, David F. Burrett

Brigham Young University Journal of Public Law

No abstract provided.


Reformulating The Strict Liability Failure To Warn, Michael A. Pittenger Sep 1992

Reformulating The Strict Liability Failure To Warn, Michael A. Pittenger

Washington and Lee Law Review

No abstract provided.


Parent Corporate Liability For Hazardous Substance Release From On-Shore Facilities In The International Market: Legal Approaches Of The United States, The European Community And Germany, Alicia Stone Sep 1992

Parent Corporate Liability For Hazardous Substance Release From On-Shore Facilities In The International Market: Legal Approaches Of The United States, The European Community And Germany, Alicia Stone

In the Public Interest

No abstract provided.


A Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts, James A. Henderson Jr., Aaron Twerski Sep 1992

A Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.


The Georgia Jury And Negligence: The View From The (Federal) Bench, R. Perry Sentell Jr. Sep 1992

The Georgia Jury And Negligence: The View From The (Federal) Bench, R. Perry Sentell Jr.

Scholarly Works

This is the second part of a two-part inquiry into the quality of jury performance in Georgia negligence cases. Evaluation begins from within. That is an especially prominent truth in respect to the trial of negligence cases. The lay-professional partnership composing the civil trial system is unique. the professional's continuity provides a point of perfect perspective on the transient lay component--both its capacity and its performance. If the professional will share that perspective, it can structure a benchmark for foundational appraisal. To their great credit, the state and federal trial judges of Georgia are unstinting in assisting to construct ...


Hahn V. Superior Court: Failing To Take The Doctrine Of Strict Premises Liability To Its Logical Conclusion, Raquel Maria Prieguez Aug 1992

Hahn V. Superior Court: Failing To Take The Doctrine Of Strict Premises Liability To Its Logical Conclusion, Raquel Maria Prieguez

San Diego Law Review

This Casenote questions the holding in Hahn v. Superior Court, decided by the California Court of Appeals in 1991. In Hahn, the Court of Appeals refused to extend the doctrine of strict liability to the owner of a shopping mall based on a defective commercial establishment. The Casenote argues that the development of the doctrine of strict premises liability was arrested prematurely by the courts in California due to their effort to curb the tide of plaintiff compensation. The author argues that defective commercial establishments place the public in as much risk of harm as manufacturers of defective products. The ...


Allocation Of Loss Due To Fraudulent Wholesale Wire Transfers: Is There A Negligence Action Against A Beneficiary's Bank After Article 4a Of The Uniform Commercial Code?, Robert M. Lewis Aug 1992

Allocation Of Loss Due To Fraudulent Wholesale Wire Transfers: Is There A Negligence Action Against A Beneficiary's Bank After Article 4a Of The Uniform Commercial Code?, Robert M. Lewis

Michigan Law Review

This Note argues that where a bank reasonably should have known of a fraud but still pays out a wire transfer to an unauthorized recipient, common law negligence should provide a basis for recovery despite the absence of an explicit Code provision imposing liability on the bank. Part I examines the UCC's language itself and analyzes possible cases, under 4A and under articles 3 and 4 by analogy, and discusses the applicability of these other parts of the UCC to wire transfers. Part II examines how extra-Code regulatory systems and the common law would determine wire transfer liability. Part ...


What Dan Quayle Doesn't Know About Punitive Damages, David H. Williams Jul 1992

What Dan Quayle Doesn't Know About Punitive Damages, David H. Williams

University of Arkansas at Little Rock Law Review

No abstract provided.


Commercial Torts—Trade Secrets—Arkansas Extends Trade Secret Protection To Customer Lists Under The Arkansas Trade Secrets Act. Allen V. Johar, Inc., 308 Ark. 45, 823 S.W.2d 824 (1992)., Michael J. Ptak Jul 1992

Commercial Torts—Trade Secrets—Arkansas Extends Trade Secret Protection To Customer Lists Under The Arkansas Trade Secrets Act. Allen V. Johar, Inc., 308 Ark. 45, 823 S.W.2d 824 (1992)., Michael J. Ptak

University of Arkansas at Little Rock Law Review

No abstract provided.


Why Is Corrective Justice Just?, Emily Sherwin Jul 1992

Why Is Corrective Justice Just?, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


Hospital Liability Related To Understaffing Of Nursing Services: Walking The Fine Line Between Respondeat Superior And Corporate Negligence, Carmen D. Rasmussen Jun 1992

Hospital Liability Related To Understaffing Of Nursing Services: Walking The Fine Line Between Respondeat Superior And Corporate Negligence, Carmen D. Rasmussen

West Virginia Law Review

No abstract provided.


In Support Of Huber, Jon F. Merz Jun 1992

In Support Of Huber, Jon F. Merz

RISK: Health, Safety & Environment (1990-2002)

The author takes exception to two recent reviews of GALILEO'S REVENGE.


Obsolete On Its Face: The Libel Per Quod Rule (With R. Meslar), Richard Conviser May 1992

Obsolete On Its Face: The Libel Per Quod Rule (With R. Meslar), Richard Conviser

All Faculty Scholarship

No abstract provided.


Reforming Products Liability, Suzanne M. Lambert May 1992

Reforming Products Liability, Suzanne M. Lambert

Michigan Law Review

A Review of Reforming Products Liability by W. Kip Viscusi


The Fault Pit, David G. Owen Apr 1992

The Fault Pit, David G. Owen

Faculty Publications

No abstract provided.


Strict Liability For Handgun Manufacturers: A Reply To Professor Oliver, Andrew J. Mcclurg Apr 1992

Strict Liability For Handgun Manufacturers: A Reply To Professor Oliver, Andrew J. Mcclurg

University of Arkansas at Little Rock Law Review

No abstract provided.


Strict Liability For Handgun Manufacturers: A Reply To Professor Oliver, Andrew J. Mcclurg Apr 1992

Strict Liability For Handgun Manufacturers: A Reply To Professor Oliver, Andrew J. Mcclurg

University of Arkansas at Little Rock Law Review

No abstract provided.


A Law & Economics Perspective On A "Traditional" Torts Case: Insights For Classroom And Courtroom, Robert H. Lande Apr 1992

A Law & Economics Perspective On A "Traditional" Torts Case: Insights For Classroom And Courtroom, Robert H. Lande

All Faculty Scholarship

This article is from a symposium, "Five Approaches to Legal Reasoning in the Classroom: Contrasting Perspectives on O'Brien v. Cunard S.S. Co. Ltd.," 57 Missouri L. Rev. 345 (1992). The symposium contains five articles that analyze this case from, respectively, traditionalist, Law & Economics, Critical Legal Studies, Feminist, and Critical Race Theories perspectives.

This article analyzes the O'Brien case from a Law & Economics perspective. It does so in a manner suitable for presentation in a Torts class or a Law & Economics class. It explains the basic terminology and approach. It analyzes the economics underlying the vaccination requirement, whether ...


Mayles V. Shoney's, Inc.: Comment On Recent Developments In Mandolidis Actions, David O. Schles Apr 1992

Mayles V. Shoney's, Inc.: Comment On Recent Developments In Mandolidis Actions, David O. Schles

West Virginia Law Review

No abstract provided.


Inside The Quiet Revolution In Products Liability, Theodore Eisenberg, James A. Henderson Jr. Apr 1992

Inside The Quiet Revolution In Products Liability, Theodore Eisenberg, James A. Henderson Jr.

Cornell Law Faculty Publications

"A bullet in the head of products liability reform." Thus did a lobbyist orally characterize our article in this law review, The Quiet Revolution in Products Liability, describing declining plaintiff success in products liability cases in the 1980s. From the coverage and criticism the Quiet Revolution received around the country and around the world, the trends we discovered struck many as surprising enough to be newsworthy and others as sufficiently threatening to warrant a special response. Products liability's sustained presence on state and federal legislative agendas warrants continuing and expanding the study begun in the Quiet Revolution.

This Article ...


Scientific Policymaking And The Torts Revolution: The Revenge Of The Ordinary Observer, Michael Wells Apr 1992

Scientific Policymaking And The Torts Revolution: The Revenge Of The Ordinary Observer, Michael Wells

Scholarly Works

My argument will make heavy use of a distinction, introduced by Professor Bruce Ackerman, between two styles of reasoning in addressing legal issues. One is the perspective of the "Ordinary Observer," who begins his analysis by looking at the common practices of laymen and makes legal rules based on the expectation of a well-socialized member of society, without regard to whether the resulting body of law fits into any coherent pattern. Ackerman contrasts this method with that of the "Scientific Policymaker," who begins from the premise that the law should serve some goal or small group of goals and who ...


Why The Recent Shift In Tort?, James A. Henderson Jr. Apr 1992

Why The Recent Shift In Tort?, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


Women, Medical Care, And Mass Tort Litigation, Joan E. Steinman Mar 1992

Women, Medical Care, And Mass Tort Litigation, Joan E. Steinman

All Faculty Scholarship

No abstract provided.