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Articles 1 - 30 of 69
Full-Text Articles in Torts
Public Trauma: Why Utah Should Waive Immunity For Mental Anguish Injuries, Adam Reed Moore
Public Trauma: Why Utah Should Waive Immunity For Mental Anguish Injuries, Adam Reed Moore
BYU Law Review
No abstract provided.
Strict Liability For The Information Age, Kevin Alden
Strict Liability For The Information Age, Kevin Alden
BYU Law Review
No abstract provided.
Medical Device Artificial Intelligence: The New Tort Frontier, Charlotte A. Tschider
Medical Device Artificial Intelligence: The New Tort Frontier, Charlotte A. Tschider
BYU Law Review
The medical device industry and new technology start-ups have dramatically increased investment in artificial intelligence (AI) applications, including diagnostic tools and AI-enabled devices. These technologies have been positioned to reduce climbing health costs while simultaneously improving health outcomes. Technologies like AI-enabled surgical robots, AI-enabled insulin pumps, and cancer detection applications hold tremendous promise, yet without appropriate oversight, they will likely pose major safety issues. While preventative safety measures may reduce risk to patients using these technologies, effective regulatory-tort regimes also permit recovery when preventative solutions are insufficient.
The Food and Drug Administration (FDA), the administrative agency responsible for overseeing the …
Conflict Of Laws For The Age Of Cybertorts: A Game Theoretic Study Of Corporate Profiteering From Choice Of Law Loopholes And Interstate Torts, Yunsieg P. Kim
Conflict Of Laws For The Age Of Cybertorts: A Game Theoretic Study Of Corporate Profiteering From Choice Of Law Loopholes And Interstate Torts, Yunsieg P. Kim
BYU Law Review
This Article identifies a choice of law loophole that corporations can exploit to commit interstate torts against individuals without paying damages by inducing victims to sue in a state where they are guaranteed to lose. The Second Restatement effectively requires plaintiffs bringing interstate tort claims to allege which state has the most significant relationship to their injury, because most federal courts rely on plaintiffs allegations to choose a state law for the purpose of resolving motions to dismiss. However, when torts are committed over state lines (for example, over the internet), plaintiffs can be misinformed or misled as to where …
Forward: State Enforcement In An Interstate World, Margaret H. Lemos
Forward: State Enforcement In An Interstate World, Margaret H. Lemos
BYU Law Review
“State Enforcement in an Interstate World” is an important topic—fully deserving of all the attention it has received. Past commentators on this topic have generally treated the federal government as a unitary entity. Building on prior work on the subject, this Article explores the polycentric nature of federal regulatory authority and shows how cooperation and rivalry have long been dominant realities of the modern administrative state. The Article discusses how these dynamics complicate analysis of state enforcement in an interstate world and identifies strategies for reducing the frequency and magnitude of the seemingly inevitable conflicts.
Class Actions, Jurisdiction, And Principle In Doctrinal Design, David Marcus, Will Ostrander
Class Actions, Jurisdiction, And Principle In Doctrinal Design, David Marcus, Will Ostrander
BYU Law Review
No abstract provided.
The (Surprisingly) Prevalent Role Of States In An Era Of Federalized Class Actions, Linda S. Mullenix
The (Surprisingly) Prevalent Role Of States In An Era Of Federalized Class Actions, Linda S. Mullenix
BYU Law Review
In enacting the Class Action Fairness Act of 2005 (CAFA), Congress intended to expand access to the federal courts for interstate class actions by creating minimal diversity and removal jurisdiction. In Section 2 of the Act, “Findings and Purposes,” Congress stated that class action abuses undermined “the concept of diversity jurisdiction as intended by the Framers of the United States Constitution” in that state courts kept cases of national importance out of federal court and sometimes demonstrated bias against out-of-state defendants. Congress stated that a purpose of CAFA was to “restore the intent of the framers of the United States …
Student-On-Teacher Violence: A Proposed Solution, Perris E. Nelson
Student-On-Teacher Violence: A Proposed Solution, Perris E. Nelson
Brigham Young University Education and Law Journal
No abstract provided.
Behind The Curtain Of Tort Reform, Roland Christensen
Behind The Curtain Of Tort Reform, Roland Christensen
BYU Law Review
No abstract provided.
Rethinking Injury: The Case Of Informed Consent, Erin Sheley
Rethinking Injury: The Case Of Informed Consent, Erin Sheley
BYU Law Review
This article argues that the traditional debates between the expressive and compensatory views of tort law ignore the way in which an injury may itself have an expressive component, one that in turn increases the extent of physical harm suffered by a victim. I take up the example of informed consent in the medical malpractice context to show how an excessively narrow idea of physical harm has negative consequences for tort law in general. In these situations, when a physician performs a procedure without providing the patient with sufficient information, we can better understand the harm that occurs through a …
Did The Sixth Circuit Get It Right In Stadnyk?: What To Do About The § 104(A)(2) Personal Injury Damages Exclusion, Genny Barrett
Did The Sixth Circuit Get It Right In Stadnyk?: What To Do About The § 104(A)(2) Personal Injury Damages Exclusion, Genny Barrett
BYU Law Review
No abstract provided.
Working The Unworkable Rule Established In Philip Morris: Acknowledging The Difference Between Actual And Potential Injury To Nonparties, Daniel Sulser Agle
Working The Unworkable Rule Established In Philip Morris: Acknowledging The Difference Between Actual And Potential Injury To Nonparties, Daniel Sulser Agle
BYU Law Review
No abstract provided.
The Discretionary Function Exception To The Federal Tort Claims Act: A Proposal For A Workable Analysis, Andrelv Hyer
The Discretionary Function Exception To The Federal Tort Claims Act: A Proposal For A Workable Analysis, Andrelv Hyer
BYU Law Review
No abstract provided.
Caveat Vendor: Potential Progeny, Paternity, And Product Liability Online, Dawn R. Swink, J. Brad Reich
Caveat Vendor: Potential Progeny, Paternity, And Product Liability Online, Dawn R. Swink, J. Brad Reich
BYU Law Review
No abstract provided.
Don't Ask, Don't Tell: Hipaa's Effect On Informal Discovery In Products Liability And Personal Injury Cases, Daniel M. Roche
Don't Ask, Don't Tell: Hipaa's Effect On Informal Discovery In Products Liability And Personal Injury Cases, Daniel M. Roche
BYU Law Review
No abstract provided.
Predator In The Primary: Applying The Tort Of Negligent Hiring To Volunteers In Religious Organizations, Morgan Fife
Predator In The Primary: Applying The Tort Of Negligent Hiring To Volunteers In Religious Organizations, Morgan Fife
BYU Law Review
No abstract provided.
Sosa V. Alvarez-Machain And Abu Ghraib--Civil Remedies For Victims Of Extraterritorial Torts By U.S. Military Personnel And Civilian Contractors, Scott J. Borrowman
Sosa V. Alvarez-Machain And Abu Ghraib--Civil Remedies For Victims Of Extraterritorial Torts By U.S. Military Personnel And Civilian Contractors, Scott J. Borrowman
BYU Law Review
No abstract provided.
The Effects Of Judicial Immunization Of Passive Sellers In Sanns V. Butterfield Ford And A Proposal For The Shifting Nature Of Fault, Jason R. Burt
The Effects Of Judicial Immunization Of Passive Sellers In Sanns V. Butterfield Ford And A Proposal For The Shifting Nature Of Fault, Jason R. Burt
BYU Law Review
No abstract provided.
Rethinking Optimality In Tort Litigation: The Promis Of Reverse Cost-Shifting, Jonathan Fischbach, Michael Fischbach
Rethinking Optimality In Tort Litigation: The Promis Of Reverse Cost-Shifting, Jonathan Fischbach, Michael Fischbach
Brigham Young University Journal of Public Law
No abstract provided.
Advisory Juries And Their Use And Misuse In Federal Tort Claims Act Cases, Matthew L. Zabel
Advisory Juries And Their Use And Misuse In Federal Tort Claims Act Cases, Matthew L. Zabel
BYU Law Review
No abstract provided.
Priority, Probability, And Proximate Cause: Lessons From Tort Law About Imposing Esa Responsibility For Wildlife Harm On Water Users And Other Joint Habitat Modifiers, James R. Rasband
Faculty Scholarship
No abstract provided.
Product Liabiity And Game Theory: One More Trip To The Choice-Of-Law Well, Michael I. Krauss
Product Liabiity And Game Theory: One More Trip To The Choice-Of-Law Well, Michael I. Krauss
BYU Law Review
No abstract provided.
A Psychological Approach To Understanding The Legal Basis Of The No Duty To Rescue Rule, David N. Kelley
A Psychological Approach To Understanding The Legal Basis Of The No Duty To Rescue Rule, David N. Kelley
Brigham Young University Journal of Public Law
No abstract provided.
Alcaraz V. Vece: If You Mow Or Water Your Next-Door-Neighbor's Yard, You Might Be Liable To Anyone Injured There, Thomas D. Jex
Alcaraz V. Vece: If You Mow Or Water Your Next-Door-Neighbor's Yard, You Might Be Liable To Anyone Injured There, Thomas D. Jex
Brigham Young University Journal of Public Law
No abstract provided.
Make It, Market It, And You May Have To Pay For It: An Evaluation Of Gun Manufacturer Liability For The Criminal Use Of Uniquely Dangerous Firearms In Light Of In Re 101 California Street, Joi Gardner Pearson
Make It, Market It, And You May Have To Pay For It: An Evaluation Of Gun Manufacturer Liability For The Criminal Use Of Uniquely Dangerous Firearms In Light Of In Re 101 California Street, Joi Gardner Pearson
BYU Law Review
No abstract provided.
Section L04(A)(2) After Commissioner U. Schleier: Litigating The Excludability Of Statutory Damages "Received On Account Of Personal Injuries", T. James Lee Jr.
Section L04(A)(2) After Commissioner U. Schleier: Litigating The Excludability Of Statutory Damages "Received On Account Of Personal Injuries", T. James Lee Jr.
BYU Law Review
No abstract provided.
The Utah Medical No-Fault Proposal: A Problem-Fraught Rejection Of The Current Tort System, Matthew K. Richards
The Utah Medical No-Fault Proposal: A Problem-Fraught Rejection Of The Current Tort System, Matthew K. Richards
BYU Law Review
No abstract provided.
The Complex Litigation Project's Choice Of Law Rules For Mass Torts And How To Escape Them, Fred I. Williams
The Complex Litigation Project's Choice Of Law Rules For Mass Torts And How To Escape Them, Fred I. Williams
BYU Law Review
No abstract provided.
Sullivan V. Scoular Grain Co. And The 1994 Amendments: Is Joint And Several Liability Really Dead In Utah?, Lee Edwards
Sullivan V. Scoular Grain Co. And The 1994 Amendments: Is Joint And Several Liability Really Dead In Utah?, Lee Edwards
Brigham Young University Journal of Public Law
No abstract provided.
Peer Abuse In Public Schools: Should Schools Be Liable For Student To Student Injuries Under Section 1983?, Robert L. Phillips
Peer Abuse In Public Schools: Should Schools Be Liable For Student To Student Injuries Under Section 1983?, Robert L. Phillips
BYU Law Review
No abstract provided.