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Articles 1 - 30 of 55
Full-Text Articles in Law
Torts, Cynthia Trimboli Adams, Charles R. Adams Iii
Torts, Cynthia Trimboli Adams, Charles R. Adams Iii
Mercer Law Review
One hundred years ago, on a stultifyingly hot summer morning, Andrew Borden, a wealthy, eccentric miser, and his second wife, Abby, were brutally hacked to death in their tiny home in Fall River, Massachusetts.' The peaceful community was shattered by this gruesome event and by the sensational murder trial of Mr. Borden's younger daughter, Elizabeth Andrew Borden. Following her unexpected acquittal, the increasingly reclusive Miss Borden lived on in Fall River, enjoying her inherited wealth, but always a social outcast, taunted by the children chanting just beyond her garden wall:
Lizzie Borden took an ax, Gave her mother forty whacks. …
Reconceptualizing Sovereign Immunity, Harold J. Krent
Reconceptualizing Sovereign Immunity, Harold J. Krent
Vanderbilt Law Review
The United States generally is immune from suit without its con- sent. Accordingly, neither Congress nor the executive branch need pay damages' for any contract breached, any tort committed, or any constitutional right violated by the federal government. Although the doctrine of sovereign immunity persists, it persists subject to near unanimous condemnation from commentators. Many have rejected the underlying theory that the "King can do no wrong" as oddly out of place in our republican governments and many have noted as well that sovereign immunity was never applied as comprehensively in the past as it is today. Presently, there seems …
Survey Of Utah Strict Products Liability Law: From Hahn To The Present And Beyond, Robert A. Mcconnell
Survey Of Utah Strict Products Liability Law: From Hahn To The Present And Beyond, Robert A. Mcconnell
BYU Law Review
No abstract provided.
Comparative Negligence Under The Code: Protecting Negligent Banks Against Negligent Customers, Julianna J. Zekan
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 the …
Summary Judgment Practice In Arkansas: Celotex, The Scintilla Rule, And Other Matters, John J. Watkins
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.
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.
Hypnotic Memories And Civil Sexual Abuse Trials, Jacqueline Kanovitz
Hypnotic Memories And Civil Sexual Abuse Trials, Jacqueline Kanovitz
Vanderbilt Law Review
In the next few paragraphs, the reader will eavesdrop on a psycho- therapy session. During this session, the therapist uses hypnosis, a common technique in clinical practice today. In the past, the legal system has paid little attention to the memory retrieval techniques used in psychotherapy because statutes of limitations have prevented patients from using memories of childhood wrongs uncovered in adult psycho-therapies to bring suit. However, recent changes will force the legal system to examine whether the memory restoring techniques used in psychotherapy can produce memory that is trustworthy enough for the legal system to accept. What follows is …
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.
Reformulating The Strict Liability Failure To Warn, Michael A. Pittenger
Reformulating The Strict Liability Failure To Warn, Michael A. Pittenger
Washington and Lee Law Review
No abstract provided.
Punitive Damages: A Primer For Utah, Crookston V. Fire Insurance Exchange, David F. Burrett
Punitive Damages: A Primer For Utah, Crookston V. Fire Insurance Exchange, David F. Burrett
Brigham Young University Journal of Public Law
No abstract provided.
Hahn V. Superior Court: Failing To Take The Doctrine Of Strict Premises Liability To Its Logical Conclusion, Raquel Maria Prieguez
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
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 II …
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.
What Dan Quayle Doesn't Know About Punitive Damages, David H. Williams
What Dan Quayle Doesn't Know About Punitive Damages, David H. Williams
University of Arkansas at Little Rock Law Review
No abstract provided.
In Support Of Huber, Jon F. Merz
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.
Hospital Liability Related To Understaffing Of Nursing Services: Walking The Fine Line Between Respondeat Superior And Corporate Negligence, Carmen D. Rasmussen
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.
Charles Handbook On Assessment Of Damages In Personal Injury Cases, Roger Harris
Charles Handbook On Assessment Of Damages In Personal Injury Cases, Roger Harris
Dalhousie Law Journal
This is the second edition of Professor Charles' aptly titled Handbook. The first edition was a simple reprint of a thirty-three page article that was originally published in the Canadian Cases on the Law of Torts, together with the 1978 Supreme Court "Trilogy"judgements themselves. While it provided a convenient capsulization of the issues, it clearly lacked the depth necessary to deal fully with many of the complexities involved, and the rationale for its publication was questionable (no matter how eminent its author or handsome its presentation, can any case comment really be worth $40.00?). Happily, the second edition has developed …
Reforming Products Liability, Suzanne M. Lambert
Reforming Products Liability, Suzanne M. Lambert
Michigan Law Review
A Review of Reforming Products Liability by W. Kip Viscusi
Strict Liability For Handgun Manufacturers: A Reply To Professor Oliver, Andrew J. Mcclurg
Strict Liability For Handgun Manufacturers: A Reply To Professor Oliver, Andrew J. Mcclurg
University of Arkansas at Little Rock Law Review
No abstract provided.
Mayles V. Shoney's, Inc.: Comment On Recent Developments In Mandolidis Actions, David O. Schles
Mayles V. Shoney's, Inc.: Comment On Recent Developments In Mandolidis Actions, David O. Schles
West Virginia Law Review
No abstract provided.
Strict Liability For Handgun Manufacturers: A Reply To Professor Oliver, Andrew J. Mcclurg
Strict Liability For Handgun Manufacturers: A Reply To Professor Oliver, Andrew J. Mcclurg
University of Arkansas at Little Rock Law Review
No abstract provided.
Aids Vaccine Manufacturers V. Tort Regime: The Need For Alternatives, Kellen F. Cloney
Aids Vaccine Manufacturers V. Tort Regime: The Need For Alternatives, Kellen F. Cloney
Washington and Lee Law Review
No abstract provided.
The Efficacy Of The Tort System And Its Alternatives: A Review Of Empirical Evidence, Don Dewees, Michael J. Trebilcock
The Efficacy Of The Tort System And Its Alternatives: A Review Of Empirical Evidence, Don Dewees, Michael J. Trebilcock
Osgoode Hall Law Journal
This paper reviews the existing empirical evidence on the efficacy of the tort system and alternatives to it. The evidence is evaluated against three normative goals: deterrence, corrective justice, and distributive justice. Empirical evidence relating to five major categories of accidents is reviewed: automobile accidents, medical malpractice, product related accidents, environmental injuries, and workplace injuries. In each case, the paper proceeds by reviewing empirical evidence on the deterrence and compensatory properties of the tort system, and then reviews parallel bodies of evidence on regulatory or penal alternatives and on compensatory alternatives to the tort system. The paper concludes that the …
Emotional Distress Damages In Toxic Tort Litigation: The Move Towards Foreseeablility, Adam P. Rosen
Emotional Distress Damages In Toxic Tort Litigation: The Move Towards Foreseeablility, Adam P. Rosen
Villanova Environmental Law Journal
No abstract provided.
The Tort Of Bad Faith In First-Party Insurance Transactions: Refining The Standard Of Culpability And Reformulating The Remedies By Statute, Roger C. Henderson
The Tort Of Bad Faith In First-Party Insurance Transactions: Refining The Standard Of Culpability And Reformulating The Remedies By Statute, Roger C. Henderson
University of Michigan Journal of Law Reform
This Article explores the common-law and statutory background of the tort of bad faith in first-party insurance situations analyzes the varying standards of culpability that have been developed by the courts and suggests a uniform statutory solution to the problems created by the varying standards. The statute also tailors the remedies more closely to the particular type of insurer wrongdoing. The proposed remedies recognize the dual nature of the insurer-insured relationship, that is, one based upon contract and tort concepts. Such a statute would eliminate many of the ambiguities and other deficiencies in the common law of those states that …
New Developments In The Illinois Law Of Contribution Among Joint Tortfeasors, Kenneth Kandasar, Patrick J. Kelley
New Developments In The Illinois Law Of Contribution Among Joint Tortfeasors, Kenneth Kandasar, Patrick J. Kelley
Loyola University Chicago Law Journal
No abstract provided.
Tort Law: The Negligent Infliction Of Emotional Distress - Reopening Pandora's Box - Johnson V. Ruark Obstetrics, Donna L. Shumate
Tort Law: The Negligent Infliction Of Emotional Distress - Reopening Pandora's Box - Johnson V. Ruark Obstetrics, Donna L. Shumate
Campbell Law Review
This Note will first trace the development of the negligent infliction of emotional distress in North Carolina case law. Second, the Note will explain the limitations on recovery adopted in other jurisdictions and explore the policies behind those limitations. Finally, this Note will analyze the Johnson decision by comparing its holding to the recent national trend and by noting problems that the North Carolina Supreme Court did not adequately address.
Dickens V. Puryear And Progeny: An Overview Of Recent North Carolina Case Law Concerning The Intentional Infliction Of Emotional Distress, William B. L. Little
Dickens V. Puryear And Progeny: An Overview Of Recent North Carolina Case Law Concerning The Intentional Infliction Of Emotional Distress, William B. L. Little
Campbell Law Review
This Survey is an overview of relative North Carolina caselaw since 1981 concerning the intentional infliction of emotional distress.
Intimate Injuries: Are There Constitutional Law Protections From Family Violence, J. Randall Patterson
Intimate Injuries: Are There Constitutional Law Protections From Family Violence, J. Randall Patterson
Campbell Law Review
In a national upsurge of domestic violence, often occurring in the home of the victim and often committed by a member of the family, the courts across the United States have been forced to define the limits of government protection from this most intimate form of abuse. It is estimated that each year as many as sixteen million women are injured from some form of spousal violence, and in 1989 alone nearly two and one-half million reports of child abuse were filed. When can an individual rely on state or police protection from this significant private danger? This reoccurring question, …
The Release Provision Of The Uniform Contribution Among Tort-Feasors Act Applies To Vicarious Liability In The Master-Servant Context - Yates V. New South Pizza, Ltd., J. Elizabeth Spradlin
The Release Provision Of The Uniform Contribution Among Tort-Feasors Act Applies To Vicarious Liability In The Master-Servant Context - Yates V. New South Pizza, Ltd., J. Elizabeth Spradlin
Campbell Law Review
This Note will examine the court's decision in Yates v. New South Pizza. The Note will first address the facts of the case. Second, this Note will discuss the doctrines that affect the decision of the case. Third, this Note will discuss the enactment and purpose of the Uniform Contribution Among Tort-feasors Act. Fourth, this Note will analyze the Yates decision and its effect on the purpose of the Uniform Act. Fifth, this Note will explore the public policy behind the courts' ruling. Finally, this Note concludes that the Yates decision supports the equitable doctrine of respondeat superior by …