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Articles 1 - 10 of 10

Full-Text Articles in Torts

A Case For A Bill Recognizing Primary Assumption Of Risk As Limiting Liability For Persons And Providers Who Take Part In Sports & Recreational Activities, J. Russell Versteeg Oct 2013

A Case For A Bill Recognizing Primary Assumption Of Risk As Limiting Liability For Persons And Providers Who Take Part In Sports & Recreational Activities, J. Russell Versteeg

University of Arkansas at Little Rock Law Review

No abstract provided.


The End Of An Era: The Supreme Court (Finally) Butts Out Of Punitive Damages For Good, Jim Gash Feb 2013

The End Of An Era: The Supreme Court (Finally) Butts Out Of Punitive Damages For Good, Jim Gash

Florida Law Review

It is finally over. The Supreme Court’s incursion into punitive damages jurisprudence has unceremoniously ended, but not before the Court, under the guise of substantive due process, erected a complex and constitutionally dubious set of rules in an effort to fix the heretofore-intractable multiple punishments problem. As is often the case, the incrementalist approach taken by the Court allowed this conquest to occur somewhat quietly. Professor Pamela Karlan observes that “most constitutional law scholars have hardly noticed that the most significant innovation in substantive due process during the Rehnquist and Roberts Court years” has been the Court’s punitive damages jurisprudence. …


Corporate Homicide: The Stark Realities Of Artificial Beings And Legal Fictions , Douglas S. Anderson Feb 2013

Corporate Homicide: The Stark Realities Of Artificial Beings And Legal Fictions , Douglas S. Anderson

Pepperdine Law Review

In the aftermath of one of the most highly publicized trials in product liability annals-the celebrated Pinto case-the legal question raised by that litigation remains unresolved. Controversy continues as to whether a corporation should be convicted of homicide when it knowingly markets an unsafe product that results in death. Today the answer is a resounding "no", in light of state statutes defining homicide as the killing of one human being by another, difficulties in finding the requisite criminal intent; and the practical problems of placing a legal fiction behind bars. However, there are recent indications that these present obstacles to …


Aviation Litigation: Federal Preemption And The Creation Of A Federal Remedy As A Means To Extinguish The Current Confusion In The Courts, Deborah J. Olsen Feb 2013

Aviation Litigation: Federal Preemption And The Creation Of A Federal Remedy As A Means To Extinguish The Current Confusion In The Courts, Deborah J. Olsen

Pepperdine Law Review

No abstract provided.


Constitutional Considerations: Government Responsibility And The Right Not To Be A Victim , Richard L. Aynes Feb 2013

Constitutional Considerations: Government Responsibility And The Right Not To Be A Victim , Richard L. Aynes

Pepperdine Law Review

Within a democratic society, citizens are provided with certain rights and liberties. Among those rights and liberties is the right not to be a victim. In this article, the author examines and analyzes the growing concern for the protection of victims of crimes. Recent legislative enactments have been designed to alter the role of the victim in the civil and criminal justice systems by defining and implementing a series of "victims' rights." The author concludes by recognizing that one of the most important duties of government is to provide for the physical safety of those within its jurisdiction. To implement …


Air Bag Litigation: Plaintiffs, Start Your Engines, Frank Waters Jan 2013

Air Bag Litigation: Plaintiffs, Start Your Engines, Frank Waters

Pepperdine Law Review

No abstract provided.


Easton: The Birth Of Negligence In Real Estate Broker-Purchaser Relationships, Gilbert A. Partida Jan 2013

Easton: The Birth Of Negligence In Real Estate Broker-Purchaser Relationships, Gilbert A. Partida

Pepperdine Law Review

No abstract provided.


Liability Of Political Candidates And Their Staffs For Campaign Committee Obligations , Anthony J. Mohr Jan 2013

Liability Of Political Candidates And Their Staffs For Campaign Committee Obligations , Anthony J. Mohr

Pepperdine Law Review

No abstract provided.


California Liquor Liability: A Decade After Coulter V. Superior Court , Darla R. Desteiguer Jan 2013

California Liquor Liability: A Decade After Coulter V. Superior Court , Darla R. Desteiguer

Pepperdine Law Review

No abstract provided.


Florida's Motor Vehicle Crashworthiness Enhanced Injury Doctrine: "Wanted Dead Or . . .", Larry M. Roth Jan 2013

Florida's Motor Vehicle Crashworthiness Enhanced Injury Doctrine: "Wanted Dead Or . . .", Larry M. Roth

Barry Law Review

No abstract provided.