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Articles 1 - 15 of 15
Full-Text Articles in Evidence
The “Ensuing Loss” Clause In Insurance Policies: The Forgotten And Misunderstood Antidote To Anti-Concurrent Causation Exclusions, Chris French
Journal Articles
As a result of the 1906 earthquake and fire in San Francisco which destroyed the city, a clause known as the “ensuing loss” clause was created to address concurrent causation situations in which a loss follows both a covered peril and an excluded peril. Ensuing loss clauses appear in the exclusions section of such policies and in essence they provide that coverage for a loss caused by an excluded peril is nonetheless covered if the loss “ensues” from a covered peril. Today, ensuing loss clauses are found in “all risk” property and homeowners policies, which cover all losses except for …
The “Ensuing Loss” Clause In Insurance Policies: The Forgotten And Misunderstood Antidote To Anti-Concurrent Causation Exclusions, Chris French
Christopher C. French
As a result of the 1906 earthquake and fire in San Francisco which destroyed the city, a clause known as the “ensuing loss” clause was created to address concurrent causation situations in which a loss follows both a covered peril and an excluded peril. Ensuing loss clauses appear in the exclusions section of such policies and in essence they provide that coverage for a loss caused by an excluded peril is nonetheless covered if the loss “ensues” from a covered peril. Today, ensuing loss clauses are found in “all risk” property and homeowners policies, which cover all losses except for …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Learning The Wrong Lessons From "An American Tragedy": A Critique Of The Berger-Twerski Informed Choice Proposal, David E. Bernstein
Learning The Wrong Lessons From "An American Tragedy": A Critique Of The Berger-Twerski Informed Choice Proposal, David E. Bernstein
George Mason University School of Law Working Papers Series
This paper is a critique of Margaret Berger and Aaron Twerski, “Uncertainty and Informed Choice: Unmasking Daubert”, forthcoming the Michigan Law Review. Berger and Twerski propose that courts recognize a cause of action that would allow plaintiffs who claim injury from pharmaceutical products, but who do not have sufficient evidence to prove causation, to recover damages for deprivation of informed choice. Berger and Twerski claim inspiration from the litigation over allegations that the morning sickness drug Bendectin caused birth defects. Considering the criteria Berger and Twerski suggest for their proposed cause of action in the context of Bendectin, it appears …
Insurance-Weight Of Evidence-Construction Of Policy-Proximate Cause
Insurance-Weight Of Evidence-Construction Of Policy-Proximate Cause
Indiana Law Journal
No abstract provided.
Evidence--Introduction Of Insurance At A Trial, Craig R. Mckay
Evidence--Introduction Of Insurance At A Trial, Craig R. Mckay
West Virginia Law Review
No abstract provided.
Recent Case Comments, Law Review Staff
Recent Case Comments, Law Review Staff
Vanderbilt Law Review
Conflict of Laws--Workmen's Compensation--Forum's Use of Foreign State's Tort Law for Recovery Against Third Party Does Not Require Forum's Use of Foreign State's Election Provision in Workmen's Compensation Suit
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Constitutional Law--Advertising-Statute Restricting Size,Number, and Location of Gasoline Price Signs Is Unconstitutional
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Evidence-Attorney--Client Privilege--Applicability When a Corporation Is the Client
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Evidence--Attorney-Client Privilege-Doctor's Report to Attorney on Condition of Client Is Within Privilege
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Federal Jurisdiction--In Federal Question Action Federal Court Is Competent To Exercise In Personam Jurisdiction Over Corporation if It Has Sufficient Contacts With United States
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Federal Rules of Civil Procedure--Counterclaim Not Compulsory in First Suit …
Book Review, Law Review Staff
Book Review, Law Review Staff
Vanderbilt Law Review
The National Probation and Parole Association has been working for over 35 years to improve the administration of justice and in the publication of "Guides for Sentencing" it has provided one of its most important services to judges who are charged with the administration of criminal justice and to juvenile and domestic relations courts. The book is the first of a series of practical manuals for all of the above named courts and it is the result of the combined labors of 37 specially selected United States, state and juvenile judges for a period of about five years. Bolitha J. …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases
Conflict of Laws--Jurisdiction--Assumption of Personal Jurisdiction over Non-Resident Insurer on the basis of a Single Insurance Contract
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Constitutional Law--Taxation--Tax Immunity of Federal Government not Infringed by Local Taxes upon Possession of Government Property
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Evidence--Hearsay--Utterance of Employee under Emotional Stress Admissible to Establish Scope of Employment and Render Employer Vicariously Liable
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Insurance--Automobile--Duplicating Recoveries allowed under Liability and Medical Payment Clauses of Automobile Liability Insurance Policy
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Insurance--Business Indemnity--Radiation Decontamination Expenses not Recoverable under a Business Interruption Clause
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Insurance--Life--Variable Annuity Contracts not Subject to Regulation by Securities and Exchange Commission
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Physicians--Unprofessional Conduct--Willful Evasion of Federal …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
RECENT CASES
CONSTITUTIONAL LAW--INTERSTATE COMMERCE--VALIDITY OF CARRIER REGULATION REQUIRING RACIAL SEGREGATION
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CONSTITUTIONAL LAW--POLITICAL QUESTIONS--GEORGIA COUNTY UNIT VOTE SYSTEM
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DIVORCE--ALIMONY IN DEFAULT DECREES--POWER OF COURT TOWARD ALIMONY IN ABSENCE OF PRAYER THEREFOR IN COMPLAINT
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EVIDENCE--PROOF OF CORPUS DELICTI--CORROBORATION OF DEFENDANT'S CONFESSION BY HIS OWN SPONTANEOUS STATEMENTS
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FEDERAL COURTS--VENUE--USE OF STATE NONRESIDENT MOTORIST STATUTE TO IMPLY WAIVER
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GIFT TAXES--TRANSFER MADE UNDER DIVORCE DECREE INCORPORATING PREDIVORCE PROPERTY SETTLEMENT--EFFECT OF PROVISION IN SETTLEMENT THAT IT WOULD BE BINDING REGARDLESS OF TERMS OF DIVORCE DECREE
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INSURANCE--NOTICE TO AGENT REPRESENTING TWO INSURERS--ESTOPPEL PREVENTING COMPANY SECONDARILY LIABLE FROM CLAIMING AGAINST COMPANY …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases
Automobiles--Family Purpose Doctrine--Automobile Owned by other than Head of Family
Contracts--Effect of Illegality--Recover Where No Moral Turpitude involved and Purpose of Statute Not Violated
Corporations--Liability of Officer to Creditors for Excessive Salary--Burden of Proof on Defendant to Show Reasonableness
Criminal Law--Proximate Cause--Responsibility for Death Due to Acts of Persons Opposing a Felony
Criminal Law--Violation of the Mann Act--Actual Transportation Entirely within a Single State
Evidence--Confidential Communications between Spouses--Admissibility of Testimony as to Conduct of Party Spouse
Insurance--Commercial--Radius Endorsement in Automobile Insurance--Effect of Breach after Return to Designated Area
Personal Property--Finding Lost Goods--Chambermaid's Right to Goods Found by Her …
Tennessee Judicial Highlights, Journal Staff
Tennessee Judicial Highlights, Journal Staff
Vanderbilt Law Review
CASES OF CURRENT INTEREST AND IMPORTANCE PREVIOUSLY NOTED
Baker v. State, 184 Tenn. 503 (1947), 1 Vand. L. Rev. 127 (1947). Accessory after the fact--when is felony complete?
Black v. Black, 202 S. W. 2d 659 (Tenn. 1947), 20 Tenn. L. Rev. 201 (1948).' Effect of reciting an oral contract to sell land in an undelivered deed.
Churn v. State, 184 Tenn. 646 (1947), 20 Tenn. L. Rev. 195 (1948). Testimony of arresting officers.
Davis v. Beeler, 207 S. W. 2d 343 (Tenn. 1947), 1 Vand. L. Rev. 451 (1948). Prohibition of practice of naturopathy in Tennessee.
Elliott v. Fuqua, …
Evidence--Seven Years Absence--Presumption Of Time Of Death, Elizabeth H. Simonton
Evidence--Seven Years Absence--Presumption Of Time Of Death, Elizabeth H. Simonton
West Virginia Law Review
No abstract provided.