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Full-Text Articles in Law and Gender
The Hidden Victims Of Tort Reform: Women, Children, And The Elderly, Lucinda M. Finley
The Hidden Victims Of Tort Reform: Women, Children, And The Elderly, Lucinda M. Finley
Journal Articles
I have conducted empirical research from several states on how juries in medical malpractice and other tort suits allocate their damage awards between economic loss damages and noneconomic loss damages. I then compared cases in which men are the victims and cases in which women are the victims. This research demonstrates that while overall men tend to recover greater total damages, juries consistently award women more in noneconomic loss damages than men, and that the noneconomic portion of women's total damage awards is significantly greater than the percentage of men's tort recoveries attributable to noneconomic damages. Consequently, any cap on …
Female Trouble: The Implications Of Tort Reform For Women, Lucinda M. Finley
Female Trouble: The Implications Of Tort Reform For Women, Lucinda M. Finley
Journal Articles
No abstract provided.
A Paradigm For Sexual Harassment: Toward The Optimal Level Of Loss, Marie T. Reilly
A Paradigm For Sexual Harassment: Toward The Optimal Level Of Loss, Marie T. Reilly
Journal Articles
This article proposes a paradigm that draws from the common-law rule of negligence. It defines actionable sexual conduct in the workplace in terms of the cost of precautionary conduct and the increased safety such precaution would have yielded. Like the rule of negligence, the proposed paradigm creates incentives for men and women to take steps to prevent sexual conduct loss to the point at which the cost of an additional increment of precaution is equal to the value of the reduction in risk of loss. This point is the optimal level of precaution. After this point, additional precaution might further …
A Break In The Silence: Including Women's Issues In A Torts Course, Lucinda M. Finley
A Break In The Silence: Including Women's Issues In A Torts Course, Lucinda M. Finley
Journal Articles
No abstract provided.