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Full-Text Articles in Torts

Torts In Sports - "I'Ll See You In Court!", John F. Carrol Jul 2015

Torts In Sports - "I'Ll See You In Court!", John F. Carrol

Akron Law Review

This comment analyzes violence in the major professional sports of football, hockey, basketball, and baseball and the inability of the internal control systems of the various sports leagues to adequately control incidents of excessive violence. Judicial redress should be available for injuries resulting from acts committed outside of the rules of the game. The possible theories of recovery and applicable defenses to liability will be analyzed. Criminal liability also will be considered along with recently proposed congressional bills which advocate civil and criminal penalties for excessively violent acts in professional sports.


Unconventional Responses To Unique Catastrophes, Kenneth R. Feinberg Jun 2015

Unconventional Responses To Unique Catastrophes, Kenneth R. Feinberg

Akron Law Review

Mass disasters sometimes require creative remedies. The tort system may not provide the best means of compensation in unusual situations like the Agent Orange chemical exposure litigation, the Virginia Tech shootings,the attacks of September 11th (“9/11”), and the BP oil spill. Executive compensation after the financial meltdown may also require new, innovative approaches. From my work mediating and administering these cases over the last twenty-five years, I have concluded that such alternative compensation systems are—and should be—rare.