Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- State and Local Government Law (7)
- Constitutional Law (6)
- Courts (5)
- Privacy Law (5)
- Contracts (4)
-
- First Amendment (4)
- Jurisprudence (4)
- Litigation (4)
- Commercial Law (3)
- Consumer Protection Law (3)
- Environmental Law (3)
- Insurance Law (3)
- Judges (3)
- Labor and Employment Law (3)
- Law and Gender (3)
- Law and Society (3)
- Legal History (3)
- Medical Jurisprudence (3)
- Health Law and Policy (2)
- Internet Law (2)
- Legislation (2)
- Marketing Law (2)
- Other Law (2)
- Accounting Law (1)
- Administrative Law (1)
- Air and Space Law (1)
- Antitrust and Trade Regulation (1)
- Applied Statistics (1)
- Institution
-
- Washington and Lee University School of Law (11)
- University of Michigan Law School (7)
- Cornell University Law School (4)
- UIC School of Law (4)
- University of Kentucky (4)
-
- Campbell University School of Law (3)
- Maurer School of Law: Indiana University (3)
- University of Baltimore Law (3)
- University of Richmond (3)
- West Virginia University (3)
- Brigham Young University Law School (2)
- Brooklyn Law School (2)
- Florida State University College of Law (2)
- Loyola University Chicago, School of Law (2)
- Pace University (2)
- Schulich School of Law, Dalhousie University (2)
- The Catholic University of America, Columbus School of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of New Hampshire (2)
- Vanderbilt University Law School (2)
- Villanova University Charles Widger School of Law (2)
- American University Washington College of Law (1)
- Boston University School of Law (1)
- Cleveland State University (1)
- Florida A&M University College of Law (1)
- Fordham Law School (1)
- Georgetown University Law Center (1)
- Mercer University School of Law (1)
- New York Law School (1)
- Keyword
-
- Torts (9)
- Tort (6)
- Liability (5)
- Libel and slander (5)
- Negligence (5)
-
- Compensation (4)
- Canada (3)
- Strict liability (3)
- Commercial speech (2)
- Contributory negligence (2)
- Corrective justice (2)
- Duty of care (2)
- Enterprise liability (2)
- First amendment (2)
- Freedom of speech (2)
- Pragmatism (2)
- Regulation (2)
- Remedies (2)
- Tort law (2)
- Tort reform (2)
- Accident costs (1)
- Accidents (1)
- Administrative compensation system (1)
- Allergic reactions (1)
- Allocative efficiency (1)
- Amaya v. Home Ice Fuel and Supply Co. (1)
- Amendments (1)
- Annual Survey of Virginia Law (1)
- Aristotelian (1)
- Automobile accident damages (1)
- Publication
-
- Washington and Lee Law Review (11)
- Michigan Law Review (6)
- Cornell Law Faculty Publications (4)
- Faculty Scholarship (4)
- Campbell Law Review (3)
-
- UIC Law Review (3)
- West Virginia Law Review (3)
- All Faculty Scholarship (2)
- BYU Law Review (2)
- Dalhousie Law Journal (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- Indiana Law Journal (2)
- Law Faculty Scholarly Articles (2)
- Loyola University Chicago Law Journal (2)
- RISK: Health, Safety & Environment (1990-2002) (2)
- Scholarly Articles (2)
- Touro Law Review (2)
- University of Arkansas at Little Rock Law Review (2)
- University of Baltimore Law Review (2)
- University of Richmond Law Review (2)
- Vanderbilt Law Review (2)
- Villanova Law Review (2)
- Articles (1)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Cleveland State Law Review (1)
- Continuing Legal Education Materials (1)
- Faculty Articles and Papers (1)
- Faculty Publications (1)
- Florida State University Law Review (1)
- Publication Type
Articles 1 - 30 of 83
Full-Text Articles in Torts
Torts, Cynthia Trimboli Adams, Charles R. Adams Iii
Torts, Cynthia Trimboli Adams, Charles R. Adams Iii
Mercer Law Review
In its formative years, the late nineteenth-century academic-judicial symbiosis placed a high value on the achievement of order and coherence in fields of law. A successful law review article or treatise was one that "illuminated" a field by propounding doctrines capable of continuing to organize an increasing number of cases in intelligible fashion.
Perhaps more than any other type of law review publication, the survey article continues to serve this lofty ideal. It will be for the reader to judge these writers" success in attaining it here.
To Quote Or Not To Quote: The Status Of Misquoted Material In Defamation Law, Sharon A. Mattingly
To Quote Or Not To Quote: The Status Of Misquoted Material In Defamation Law, Sharon A. Mattingly
Vanderbilt Law Review
To quote or not to quote' is no longer a valid question in defamation law because courts have lessened the burden on writers to use the exact words of the speaker in quoted language. If individuals feel that the press has misquoted them, they have three realistic options: First,ignore the misquotation; second, contact the media and request a re-traction; and third, file a lawsuit claiming defamation and seeking monetary damages.' The first alternative is the easiest, but given the emotional overtones of defamation, it is also the most unlikely. If the media were more sensitive and less defensive, the second …
The Use Of Risk Assessment Evidence To Prove Increased Risk And Alternative Causation In Toxic Tort Litigation, Michael S. Baram
The Use Of Risk Assessment Evidence To Prove Increased Risk And Alternative Causation In Toxic Tort Litigation, Michael S. Baram
Faculty Scholarship
Due to the difficulties of proving causation in most toxic tort suits, plaintiffs and defendants in toxic tort litigation have begun to develop and use scientifically sophisticated risk assessments as evidence in proving or disproving causation. This use has led to two new trends in tort liability. First, there is the trend in which risk assessment is used by plaintiffs to buttress claims for future injury or increased risk. Second, there is the trend in which risk assessment is used by defendants to establish that other factors caused, in whole or in part, plaintiffs’ injuries.
This article evaluates these two …
Reconsidering Efficient Tort Rules For Personal Injury: The Case Of Single Activity Accidents, Jennifer H. Arlen
Reconsidering Efficient Tort Rules For Personal Injury: The Case Of Single Activity Accidents, Jennifer H. Arlen
William & Mary Law Review
No abstract provided.
The Employer's Intentional Tort - Should It Be Recognized In Canadian Jurisdictions?, Leigh West
The Employer's Intentional Tort - Should It Be Recognized In Canadian Jurisdictions?, Leigh West
Dalhousie Law Journal
At the inception of Canadian worker compensation legislation, an historic trade off agreement was made between employers and their workers. By virtue of this agreement, the right of workers to sue their employer in tort was removed and in return workers were to receive swift, certain, but limited, compensation payments for job-related injuries and illness, regardless of fault. With a few minor exceptions, this agreement made worker compensation the exclusive remedy available to an injured worker. It also lodged with the various provincial worker compensation boards the responsibility to adjudicate whether or not the injury or illness claimed was one …
Product Health Claims And The First Amendment: Scientific Expression And The Twilight Zone Of Commercial Speech, Martin H. Redish
Product Health Claims And The First Amendment: Scientific Expression And The Twilight Zone Of Commercial Speech, Martin H. Redish
Vanderbilt Law Review
Imagine, for a moment, that Congress has enacted the "False and Misleading Medical and Scientific Reporting Act of 1990." The law is premised on a fear that scientific quackery may cause significant societal harm by confusing the public and inducing its members to seek out costly, worthless, and possibly harmful medical cures or supposed scientific advances. The Act establishes a special commission of scientific and medical experts to rule on the accuracy of any proposed scientific or medical theory that conceivably could cause public harm or confusion. Such scientific or medical assertions must be substantiated to the commission's satisfaction, or …
Products Liability: Principles Of Justice For The 21st Century, David G. Owen
Products Liability: Principles Of Justice For The 21st Century, David G. Owen
Faculty Publications
No abstract provided.
Damage Apportionment In Accounting Malpractice Actions: The Role Of Comparative Fault
Damage Apportionment In Accounting Malpractice Actions: The Role Of Comparative Fault
BYU Law Review
No abstract provided.
Eimann V. Soldier Of Fortune Magazine: Determining The Scope Of Duty In Negligence Cases, Whitney E. Peterson
Eimann V. Soldier Of Fortune Magazine: Determining The Scope Of Duty In Negligence Cases, Whitney E. Peterson
BYU Law Review
No abstract provided.
Tort Law As Corrective Justice: A Pragmatic Justification For Jury Adjudication, Catharine Pierce Wells
Tort Law As Corrective Justice: A Pragmatic Justification For Jury Adjudication, Catharine Pierce Wells
Michigan Law Review
The purpose of this article is to develop a pragmatic analysis of corrective justice that will serve as a partial justification for current practices of tort adjudication. Part I discusses the concept of corrective justice and explores its relationship to the problem of justifying tort law. Part II argues that certain contemporary theories of corrective justice fail to provide an adequate basis for regarding individual tort outcomes as just. Part III develops a pragmatic account of corrective justice and argues that it accurately describes current practices of tort adjudication. Finally, Part IV argues that these practices are justified in the …
From Res Ipsa Loquitur R To Diethylstilbestrol: The Unidentifiable Tortfeasor In California, Stephen A. Spitz
From Res Ipsa Loquitur R To Diethylstilbestrol: The Unidentifiable Tortfeasor In California, Stephen A. Spitz
Indiana Law Journal
No abstract provided.
Process Norms In Products Litigation: Liability For Allergic Reactions, James A. Henderson Jr.
Process Norms In Products Litigation: Liability For Allergic Reactions, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
State Choice Of Law In Mass Tort Cases: A Response To 'A View From The Legislature, Aaron Twerski, R. A. Sedler
State Choice Of Law In Mass Tort Cases: A Response To 'A View From The Legislature, Aaron Twerski, R. A. Sedler
Faculty Scholarship
No abstract provided.
Book Reviews, Thomas G. Field Jr.
Book Reviews, Thomas G. Field Jr.
RISK: Health, Safety & Environment (1990-2002)
Reviews of the following books prepared by Thomas G. Field, Jr., Editor-in-Chief of Risk:
Stephen D. Sugarman, Doing Away with Personal Injury Law, (1989).
Chet Fleming, If We can Keep a Severed Head Alive, (1988).
Note, Hedonic Damages For Wrongful Death: Are Tortfeasors Getting Away With Murder?, Erin O'Hara O'Connor
Note, Hedonic Damages For Wrongful Death: Are Tortfeasors Getting Away With Murder?, Erin O'Hara O'Connor
Scholarly Publications
No abstract provided.
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, Aaron Twerski, J. A. Henderson
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, Aaron Twerski, J. A. Henderson
Faculty Scholarship
No abstract provided.
The Question Of A Duty To Rescue In Canadian Tort Law: An Answer From France, Mitchell Mcinnes
The Question Of A Duty To Rescue In Canadian Tort Law: An Answer From France, Mitchell Mcinnes
Dalhousie Law Journal
A man witnesses a canoeist drowning a short distance from the shore.2 For over forty minutes the tenants of an apartment complex listen to the tortured screams of a woman being murdered in the streets below.3 A handful of railway employees watch a boy bleed to death for want of medical attention after he was struck by a passing car.4 The owner of a pleasure craft learns that one of his passengers has fallen overboard into an icy lake.' An innocent party to a motor vehicle accident finds that the driver at fault was injured as a result of the …
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
Liability for a manufacturer's failure to warn of product-related risks is a well-established feature of modern products liability law. Yet many serious doctrinal and conceptual problems underlie these claims. Professors Henderson and Twerski explore these problems and argue that failure-to-warn jurisprudence is confused, perhaps irreparably, and that this confusion often results in the imposition of excessive liability on manufacturers. The authors begin by exposing basic errors resulting from courts' confusion over whether to apply a strict liability or a negligence standard of care in failure-to-warn cases. Having determined that negligence is the appropriate standard, they then examine more substantial and …
The Product Liability Mess: How Business Can Be Rescued From The Politics Of State Courts, Matthew Harris
The Product Liability Mess: How Business Can Be Rescued From The Politics Of State Courts, Matthew Harris
Michigan Law Review
A Review of The Product Liability Mess: How Business Can Be Rescued from the Politics of State Courts by Richard Neely
In The Regulation Of Manmade Carcinogens, If Feasibility Analysis Is The Answer, What Is The Question?, Christopher H. Schroeder
In The Regulation Of Manmade Carcinogens, If Feasibility Analysis Is The Answer, What Is The Question?, Christopher H. Schroeder
Michigan Law Review
A Review of Environmentally Induced Cancer and the Law by Frank B. Cross
Re-Vision Of The Bankruptcy System: New Images Of Individual Debtors, Karen Gross
Re-Vision Of The Bankruptcy System: New Images Of Individual Debtors, Karen Gross
Michigan Law Review
A Review of As We Forgive Our Debtors: Bankruptcy and Consumer Credit in American by Teresa A. Sullivan, Elizabeth Warren, and Jay Lawrene Westbrook
Coup De Grace For Personal Injury Torts?, Alfred F. Conard
Coup De Grace For Personal Injury Torts?, Alfred F. Conard
Michigan Law Review
A Review of Doing Away with Personal Injury Law: New Compensation Mechanisms for Victims, Consumers and Business by Stephen D. Sugarman
A Physician's Respondeat Superior Liability For The Negligent Acts Of Other Medical Professionals—When The Captain Goes Down Without The Ship, Lynn D. Lisk
University of Arkansas at Little Rock Law Review
No abstract provided.
No More Teachers' Dirty Looks -- Now They Sue: Analysis Of Plaintiff Status Determinations In Defamation Actions By Public Educators, Richard E. Johnson
No More Teachers' Dirty Looks -- Now They Sue: Analysis Of Plaintiff Status Determinations In Defamation Actions By Public Educators, Richard E. Johnson
Florida State University Law Review
The constitutionalization of defamation law in 1964 created a revolution in first amendment jurisprudence. The United States Supreme Court established protection for statements concerning public officials unless the statements were made with actual malice, i.e., knowledge of falsity or reckless disregard of truth or falsity. Later, the Court extended much of that protection to statements about public figures who are not government employees. Though the Court eventually narrowed the scope of its public figure doctrine, it never receded from the protection accorded to statements about public officials. The author of this Article contends that this distinction has eluded many state …
Hospital Liability For Defamation Of Character During The Peer Review Process: Sticks And Stones May Break My Bones, But Words May Cost Me My Job
West Virginia Law Review
No abstract provided.
The Doctrine Of In Loco Parentis, Tort Liability And The Student-College Relationship, Theodore C. Stamatakos
The Doctrine Of In Loco Parentis, Tort Liability And The Student-College Relationship, Theodore C. Stamatakos
Indiana Law Journal
No abstract provided.
Book Reviews, Risk Editorial Board
Book Reviews, Risk Editorial Board
RISK: Health, Safety & Environment (1990-2002)
Reviews of the following books prepared by the editors of Risk on the topic of toxic tort litigation and/or public regulation of toxic substances:
Frank B. Cross, Environmentally Induced Cancer and the Law: Risks, Regulation and Victim Compensation, (1989).
Chemical Contamination and Its Victims: Medical Remedies, Legal Redress, and Public Policy (David W. Schnare & Martin T. Katzman, eds., 1989.
The Role of Science in Toxic Tort Litigation: Evaluating Causation and Risk: Drawn from Papers Presented at the TIPS Annual Meeting, August 1988, Toronto, Canada. Chicago, Ill: Tort and Insurance Practice Section, American Bar Association.
Corrective Justice From Aristotle To Second Order Liability: Who Should Pay When The Culpable Cannot?, Kathryn R. Heidt
Corrective Justice From Aristotle To Second Order Liability: Who Should Pay When The Culpable Cannot?, Kathryn R. Heidt
Washington and Lee Law Review
No abstract provided.