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Articles 1 - 13 of 13

Full-Text Articles in Law

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.


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 …


Charles Handbook On Assessment Of Damages In Personal Injury Cases, Roger Harris May 1992

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 …


Tort Liability, The First Amendment, And Equal Access To Electronic Networks, Henry H. Perritt Jr. Mar 1992

Tort Liability, The First Amendment, And Equal Access To Electronic Networks, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


The Efficacy Of The Tort System And Its Alternatives: A Review Of Empirical Evidence, Don Dewees, Michael J. Trebilcock Jan 1992

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 …


Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks Jan 1992

Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.


Point, Andrew Popper Jan 1992

Point, Andrew Popper

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Intellectual Ordering Of Contemporary Tort Law, Marc Feldman Jan 1992

The Intellectual Ordering Of Contemporary Tort Law, Marc Feldman

Maryland Law Review

No abstract provided.


Sticks And Stones Can Break My Name: Nondefamatory Negligent Injury To Reputation, Katharine B. Silbaugh Jan 1992

Sticks And Stones Can Break My Name: Nondefamatory Negligent Injury To Reputation, Katharine B. Silbaugh

Faculty Scholarship

If a reputation is injured, does it matter whether defamation is the cause? Injury to reputation differs from other items of damage a plaintiff enumerates. Tradition links it to particular tortious conduct-defamation-on the part of a defendant. This Comment examines ordinary negligent conduct as an alternative ground for recovery for injury to reputation.


Uncommon Law And The Bill Of Rights: The Woes Of Constitutionalizing State Common-Law Torts, Elaine W. Shoben Jan 1992

Uncommon Law And The Bill Of Rights: The Woes Of Constitutionalizing State Common-Law Torts, Elaine W. Shoben

Scholarly Works

During the two-hundred-year history of the Bill of Rights, the Supreme Court occasionally has used those first ten Amendments to constitutionalize state common-law torts. In this essay, Professor Elaine Shoben argues that the Court would be well advised to forgo that practice. Pointing to the Court's experience in constitutionalizing defamation law under the First Amendment, Professor Shoben says when the Court meddles in state tort law, the result is a highly complex and very unsatisfactory body of law. On the Bicentennial of the Bill of Rights, this author recommends that if the Court feels compelled to reform a state common-law …


Of Harms And Benefits: Torts, Restitution, And Intellectual Property, Wendy J. Gordon Jan 1992

Of Harms And Benefits: Torts, Restitution, And Intellectual Property, Wendy J. Gordon

Faculty Scholarship

Copyright and patent take the form of ordinary property. As tangible property has physical edges, intellectual property statutes create boundaries by defining the subject matters within their zone of protection. As real property owners have rights to prevent strangers from entering their land, intellectual property statutes and case law grant owners rights to exclude strangers from using the protected work in specified ways. As tangible property can be bought and sold, bequeathed and inherited, so can copyrights and patents.


Recovery By Stepchildren In Wrongful Death Actions, Robyn L. Meadows Dec 1991

Recovery By Stepchildren In Wrongful Death Actions, Robyn L. Meadows

Robyn L Meadows

No abstract provided.


A Look At God, Feminism, And Tort Law, Randy Lee Dec 1991

A Look At God, Feminism, And Tort Law, Randy Lee

Randy Lee

No abstract provided.