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Full-Text Articles in Law
Tort Law, B. D. Pierce, Brent M. Boyd, David E. Rothstein, Michael R. Smith
Tort Law, B. D. Pierce, Brent M. Boyd, David E. Rothstein, Michael R. Smith
South Carolina Law Review
No abstract provided.
Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts , James A. Henderson Jr., Aaron D. Twerski
Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts , James A. Henderson Jr., Aaron D. Twerski
Cornell Law Review
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 …
Death Of Contract And The Rise Of Tort , Robert H. Bork
Death Of Contract And The Rise Of Tort , Robert H. Bork
Cornell 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 …
Too Early For A Requiem: Warren And Brandeis Were Right On Privacy Vs. Free Speech, Ruth Gavison
Too Early For A Requiem: Warren And Brandeis Were Right On Privacy Vs. Free Speech, Ruth Gavison
South Carolina Law Review
No abstract provided.
Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks
Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks
Missouri Law Review
It is important to say at the outset that this discussion about one case, O'Brien v. Cunard Steamship Co.1, would not have been as rich without access to the pleadings and trial record in the case. Too often we teach law courses as perspectiveless, adopting an analytical approach that consciously acknowledges no specific cultural, political, or class characteristics, but which is decidedly male, white and elitist. Today's law school classroom is more diverse both as to gender, race, and class, than ten or twenty years ago. This more diverse student body enters law school with life experiences and perspectives not …
Tort Remedies For Victims Of Domestic Abuse, Douglas D. Scherer
Tort Remedies For Victims Of Domestic Abuse, Douglas D. Scherer
South Carolina 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 …
Comparative Negligence In South Carolina: Implementing Nelson V. Concrete Supply Co., F. Patrick Hubbard, Robert L. Felix
Comparative Negligence In South Carolina: Implementing Nelson V. Concrete Supply Co., F. Patrick Hubbard, Robert L. Felix
South Carolina Law Review
No abstract provided.
The Intellectual Ordering Of Contemporary Tort Law, Marc Feldman
The Intellectual Ordering Of Contemporary Tort Law, Marc Feldman
Maryland Law Review
No abstract provided.
The Admissibility Of Expert Testimony In Brainwashing-Related Cases - Should Witnesses Be Fryed?, Virginia M. Fournier
The Admissibility Of Expert Testimony In Brainwashing-Related Cases - Should Witnesses Be Fryed?, Virginia M. Fournier
Santa Clara Law Review
No abstract provided.