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Articles 331 - 349 of 349

Full-Text Articles in Legal History

Costello V. Capital Cities Communications, Inc.: Illinois' Innocent Construction Rule Prevails Over The Constitutional Privilege For Expression Of Opinion, 21 J. Marshall L. Rev. 427 (1988), Jerald B. Holisky Jan 1988

Costello V. Capital Cities Communications, Inc.: Illinois' Innocent Construction Rule Prevails Over The Constitutional Privilege For Expression Of Opinion, 21 J. Marshall L. Rev. 427 (1988), Jerald B. Holisky

UIC Law Review

No abstract provided.

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Employer Abuse, Worker Resistance, And The Tort Of Intentional Infliction Of Emotional Distress, Regina Austin Jan 1988

Employer Abuse, Worker Resistance, And The Tort Of Intentional Infliction Of Emotional Distress, Regina Austin

All Faculty Scholarship

No abstract provided.

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Torts (Annual Survey Of Michigan Law, June 1, 1984 - May 31, 1985), Lawrence C. Mann Jan 1986

Torts (Annual Survey Of Michigan Law, June 1, 1984 - May 31, 1985), Lawrence C. Mann

Law Faculty Research Publications

Areas of particular significance during the Survey period include products liability and governmental immunity. In the area of products liability, the Michigan Supreme Court declined to determine whether a manufacturer of birth control pills has a duty to warn the ultimate user, stating that this determination is best left to the legislature. The court's reluctance to rule in the area of products liability for drugs sharply contrasted with its willingness to abolish implied warranty as a theory of liability for design defects. In the area of governmental immunity, the supreme court restructured the governmental immunity doctrine to shield state and …

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The Perils Of Writing An Intellectual History Of Torts, George C. Christie Mar 1981

The Perils Of Writing An Intellectual History Of Torts, George C. Christie

Michigan Law Review

A Review of Tort Law in America: An Intellectual History by G. Edward White

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Oliver Wendell Holmes And External Standards Of Criminal And Tort Liability: Application Of Theory On The Massachusetts Bench, William A. Lundquist Jul 1979

Oliver Wendell Holmes And External Standards Of Criminal And Tort Liability: Application Of Theory On The Massachusetts Bench, William A. Lundquist

Buffalo Law Review

No abstract provided.

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Probability Theory Meets Res Ipsa Loquitor, David H. Kaye Jan 1979

Probability Theory Meets Res Ipsa Loquitor, David H. Kaye

Journal Articles

Day in and day out, attorneys, judges, and jurors must estimate probabilities. To be sure, we rarely quantify such estimates of probability and almost never adopt the terminology and mathematics of probability theory to resolve matters. Nevertheless, the mathematical theory of probability can be applied to legal problems in various ways. This article uses probability theory normatively in an effort to clarify one aspect of the famous tort doctrine known as res ipsa loquitur. While not urging that jurors be instructed in probability theory or be equipped with microprocessors, it does seek an accurate statement of the res ipsa doctrine …

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Accident, Mistake, And Rules Of Liability In The Fourteenth-Century Law Of Torts, Morris S. Arnold Jan 1979

Accident, Mistake, And Rules Of Liability In The Fourteenth-Century Law Of Torts, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

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Trends In The Law Of Damages, John W. Reed Jan 1976

Trends In The Law Of Damages, John W. Reed

Articles

The law of damages deals with the process of translating harm into dollars. It is not, however, a coherent body of knowledge. Rather, it consists of an amalgam of many concepts and rules having to do with fundamental policy questions about loss-shifting, risk-spreading, and allocation of functions between judge and jury. Because damages is a "non-subject," little attention is paid to it in law school curricula and there is little writing about it. As one commentator put it, the law of damages "plods its way, ignored by academicians and 'accepted' by the courts. . . . The 'winds of change' …

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The Court, The Legislature, And Governmental Tort Liability In Michigan, Luke K. Cooperrider Dec 1973

The Court, The Legislature, And Governmental Tort Liability In Michigan, Luke K. Cooperrider

Michigan Law Review

In 1961, when Justice Edwards of the Michigan supreme court said, "From this date forward the judicial doctrine of governmental immunity from ordinary torts no longer exists in Michigan," he went on to say that he was eliminating from the law of Michigan "an ancient rule inherited from the days of absolute monarchy," a "whim of long-dead kings." Justice Carr, dissenting, agreed that the doctrine in question "came to us as a part of the common law," for which reason he thought it was protected by the reception clause of the Constitution of 1850 from the overruling action of the …

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Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva Jan 1966

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

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Foreseeability In American And English Law, Harry G. Fuerst Jan 1965

Foreseeability In American And English Law, Harry G. Fuerst

Cleveland State Law Review

Foreseeability is "the ability to see or know in advance, hence, the reasonable anticipation that harm or injury is the likely result of acts or omissions." In order to determine culpable negligence and establish the right to recover for a wrong, there must be a sequence of events like concatenation, or a series of united events like the links of a chain, called proximate cause. The definition of proximate cause is, "that cause which in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred."

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Latin-American Land Reform: The Uses Of Confiscation, Kenneth L. Karst Dec 1964

Latin-American Land Reform: The Uses Of Confiscation, Kenneth L. Karst

Michigan Law Review

This article examines the legislative techniques for taking land, showing their confiscatory operation. For many lawyers, the analysis would then be easily completed: confiscation is wrongful and must be condemned. Rejecting the implicit absolutism of that conclusion, this article inquires into the justifications that can be pleaded on behalf of selective confiscation as an aid in solving some of Latin America's economic and social ills.

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The Lex Fori - Basic Rule In The Conflict Of Laws, Albert A. Ehrenzweig Mar 1960

The Lex Fori - Basic Rule In The Conflict Of Laws, Albert A. Ehrenzweig

Michigan Law Review

The following summary of this thesis will show its essential connection with the progressing reform of the law of jurisdiction.

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Trial Of Legal Issues In Injunction Against Tort, Edgar N. Durfee Feb 1959

Trial Of Legal Issues In Injunction Against Tort, Edgar N. Durfee

Michigan Law Review

This essay appeared in a casebook on Equitable Remedies that was used for years in mimeographed form at the University of Michigan Law School. It was never prepared for final publication by Professor Durfee himself, but the numerous changes made in his own personal copy indicate that he had given much thought to the subject. Professor John P. Dawson who had collaborated with Professor Durfee has incorporated these changes in the present text. More changes might have been made by Professor Durfee if he had planned to publish it. The editors believe that as it stands it deserves a wider …

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Torts In English And American Conflict Of Laws: The Role Of The Forum, S. I. Shuman, S. Prevezer May 1958

Torts In English And American Conflict Of Laws: The Role Of The Forum, S. I. Shuman, S. Prevezer

Michigan Law Review

''Private international law owes its existence to the fact that there are in the world a number of separate territorial systems of law that differ greatly from each other in the rules by which they regulate the various legal relations arising in daily life." Where the systems are those of member states of a federal union, there should be less difference in their laws than where they are those of sovereign nations divided by strong cultural, social and political barriers. Interstate conflicts and international conflicts are likely to give rise to somewhat different considerations and rules, and it is surely …

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Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva Jan 1958

Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

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Gratuitous Promises-A New Writ?, Warren L. Shattuck Apr 1937

Gratuitous Promises-A New Writ?, Warren L. Shattuck

Michigan Law Review

Under the early common law, the fact situations which presented actionable wrongs were limited in number and stereotyped into various writs which issued from the Lord Chancellor. Only as new writs were devised by him was it possible for new fact situations to achieve the dignity of justiciability and so raise legal rights and duties. But with the liberalization of pleading the recognition of new legal rights and duties became a judicial function. In consequence, the constant struggle of new fact patterns for a place in the law is now principally waged before the courts. In this struggle some fail, …

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Liability Without Fault And Proximate Cause, Fowler V. Harper May 1932

Liability Without Fault And Proximate Cause, Fowler V. Harper

Michigan Law Review

As a logical matter there seem to be two possible schemes of legal liability. The first one may be stated as follows: One may be liable for all consequences of all of his acts. While it has been suggested that this was the principle of the mediaeval law, it has been pointed out by Professor Winfield that such was never literally the case. Under this principle, as he has shown, everyone would be in jail except for these reasons: no one could legally put anyone else in jail, no one could legally keep anyone else in jail, and no one …

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Torts-Imputed Negligence-Common Enterprise Mar 1928

Torts-Imputed Negligence-Common Enterprise

Michigan Law Review

The Supreme Court of Iowa has recently held that a family group engaged in a pleasure ride was a "common enterprise which no one had any particular right to control" and negligence on the part of the driver might be imputed to the other occupants of the car, barring recovery for an injury caused by the concurring negligence of the driver and the defendant. This, to say the least, is an expansion of the generally accepted doctrine of imputed negligence in America.

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