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Full-Text Articles in Torts

Perpetuating Injustice: Analyzing The Maryland Court Of Appeals’S Refusal To Change The Common Law Doctrine Of Contributory Negligence, Andrew White Aug 2019

Perpetuating Injustice: Analyzing The Maryland Court Of Appeals’S Refusal To Change The Common Law Doctrine Of Contributory Negligence, Andrew White

Maryland Law Review

No abstract provided.


Rescuing Maryland Tort Law: A Tribute To Judge Sally Adkins, Donald G. Gifford Jul 2019

Rescuing Maryland Tort Law: A Tribute To Judge Sally Adkins, Donald G. Gifford

Maryland Law Review

No abstract provided.


Take-Home Toxin: Following Kesner’S Lead And Creating A Consistent Framework For Determining Duty Toward Victims Of Secondary Asbestos Exposure, Brendan Kelly Jun 2018

Take-Home Toxin: Following Kesner’S Lead And Creating A Consistent Framework For Determining Duty Toward Victims Of Secondary Asbestos Exposure, Brendan Kelly

Maryland Law Review

No abstract provided.


Jackson V. Dackman Co.: The Legislative Modification Of Common Law Tort Remedies Under Article 19 Of The Maryland Declaration Of Rights, Dan Friedman Jun 2018

Jackson V. Dackman Co.: The Legislative Modification Of Common Law Tort Remedies Under Article 19 Of The Maryland Declaration Of Rights, Dan Friedman

Maryland Law Review

No abstract provided.


The Privacy Of The Public Schools, Emily Suski May 2018

The Privacy Of The Public Schools, Emily Suski

Maryland Law Review

This Article compares the liability of the public schools with that of families for harms to children in their care. Families serve as an apt vehicle for comparative analysis because families’ and schools’ responsibilities for children overlap substantially. Despite these overlapping responsibilities, however, the law allows schools to evade liability for harms to children and penalizes families for the same or similar harms.

Drawing on feminist theory on privacy and the public/private divide, this Article argues that the limits of public school liability mean they have privacy. Feminist theorists identify privacy as freedom from regulation and intrusion into decision-making. Public …


Trial And Error: Legislating Adr For Medical Malpractice Reform, Lydia Nussbaum Mar 2017

Trial And Error: Legislating Adr For Medical Malpractice Reform, Lydia Nussbaum

Maryland Law Review

The U.S. healthcare system has a problem: hundreds of thousands of people die each year, and over a million are injured, by medical mistakes that could have been avoided. Furthermore, over ninety percent of these patients and their families never learn of the errors or receive redress. This problem persists, despite myriad reforms to the medical malpractice system, because of lawmakers’ dominant focus on reducing providers’ liability insurance costs. Reform objectives are beginning to change, however, and the vehicle for implementing these changes is alternative dispute resolution (“ADR”). Historically, legislatures deployed ADR to curb malpractice litigation and restrict patients’ access …


Blackburn Limited Partnership V. Paul: The Birth Of Maryland’S Statute Or Ordinance Rule And Its Ill-Defined “Targeted Class” Requirement, Monica Basche May 2015

Blackburn Limited Partnership V. Paul: The Birth Of Maryland’S Statute Or Ordinance Rule And Its Ill-Defined “Targeted Class” Requirement, Monica Basche

Maryland Law Review

No abstract provided.


Warr V. Jmgm Group: Maryland Dram Shops Escape Duty To Foreseeable Victims Of Drunk Driving, Katherine O'Konski Jan 2014

Warr V. Jmgm Group: Maryland Dram Shops Escape Duty To Foreseeable Victims Of Drunk Driving, Katherine O'Konski

Maryland Law Review

No abstract provided.


Hostile Educational Environments, Ari Ezra Waldman Jan 2012

Hostile Educational Environments, Ari Ezra Waldman

Maryland Law Review

No abstract provided.


Sexual Harassment 2.0, Mary Anne Franks Jan 2012

Sexual Harassment 2.0, Mary Anne Franks

Maryland Law Review

No abstract provided.


Hatfill V. New York Times Co.: From Watchdog To Attack Dog—Transforming The Modern Media Into “Big Brother”, William C. Ferguson Iv Jan 2009

Hatfill V. New York Times Co.: From Watchdog To Attack Dog—Transforming The Modern Media Into “Big Brother”, William C. Ferguson Iv

Maryland Law Review

No abstract provided.


Asbestos Fraud Should Lead To Fairness: Why Congress Should Enact The Fairness In Asbestos Injury Resolution Act, Elise Gelinas Jan 2009

Asbestos Fraud Should Lead To Fairness: Why Congress Should Enact The Fairness In Asbestos Injury Resolution Act, Elise Gelinas

Maryland Law Review

No abstract provided.


Tort Liability For Vendors Of Insecure Software: Has The Time Finally Come?, Michael D. Scott Jan 2008

Tort Liability For Vendors Of Insecure Software: Has The Time Finally Come?, Michael D. Scott

Maryland Law Review

No abstract provided.


Sexual Harassment In Education And Student Athletics: A Case For Why Title Ix Sexual Harassment Jurisprudence Should Develop Independently Of Title Vii, Michael E. Buchwald Jan 2008

Sexual Harassment In Education And Student Athletics: A Case For Why Title Ix Sexual Harassment Jurisprudence Should Develop Independently Of Title Vii, Michael E. Buchwald

Maryland Law Review

No abstract provided.


Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington Jan 2006

Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington

Maryland Law Review

No abstract provided.


Introduction Of Guido Calabresi, Oscar S. Gray Jan 2005

Introduction Of Guido Calabresi, Oscar S. Gray

Maryland Law Review

No abstract provided.


The Costs Of Dispositionism: The Premature Demise Of Situationist Law And Economics, Adam Benforado, Jim Hanson Jan 2005

The Costs Of Dispositionism: The Premature Demise Of Situationist Law And Economics, Adam Benforado, Jim Hanson

Maryland Law Review

No abstract provided.


Calabresi And The Intellectual History Of Law And Economics, Keith N. Hylton Jan 2005

Calabresi And The Intellectual History Of Law And Economics, Keith N. Hylton

Maryland Law Review

No abstract provided.


"There Have To Be Four" , Frank I. Michelman Jan 2005

"There Have To Be Four" , Frank I. Michelman

Maryland Law Review

No abstract provided.


The Costs Of The Costs Of Accidents , Jules Coleman Jan 2005

The Costs Of The Costs Of Accidents , Jules Coleman

Maryland Law Review

No abstract provided.


The Costs Of Accidents: A Retrospect View From The Cathedral, Izhak Englard Jan 2005

The Costs Of Accidents: A Retrospect View From The Cathedral, Izhak Englard

Maryland Law Review

No abstract provided.


The Renaissance Of Accident Law Plans Revisited, Robert L. Rabin Jan 2005

The Renaissance Of Accident Law Plans Revisited, Robert L. Rabin

Maryland Law Review

No abstract provided.


Calabresi's The Costs Of Accidents: A Generation Of Impact On Law And Scholarship, Donald G. Gifford Jan 2005

Calabresi's The Costs Of Accidents: A Generation Of Impact On Law And Scholarship, Donald G. Gifford

Maryland Law Review

No abstract provided.


Pricelessness And Life: An Essay For Guido Calabresi , Gregory C. Keating Jan 2005

Pricelessness And Life: An Essay For Guido Calabresi , Gregory C. Keating

Maryland Law Review

No abstract provided.


The Rise And Fall Of Law And Economics: An Essay For Judge Guido Calabresi, Ugo Mattei Jan 2005

The Rise And Fall Of Law And Economics: An Essay For Judge Guido Calabresi, Ugo Mattei

Maryland Law Review

No abstract provided.


Are Tradeoffs Between Justice And Welfare Possible? Calabresi And Dworkin On The Normative Foundations Of Law And Economics, Hanoch Sheinman Jan 2005

Are Tradeoffs Between Justice And Welfare Possible? Calabresi And Dworkin On The Normative Foundations Of Law And Economics, Hanoch Sheinman

Maryland Law Review

No abstract provided.


Revisiting The Noninsurable Costs Of Accidents, Catherine M. Sharkey Jan 2005

Revisiting The Noninsurable Costs Of Accidents, Catherine M. Sharkey

Maryland Law Review

No abstract provided.


The Peculiar Challenges Posed By Latent Diseases Resulting From Mass Products, Donald G. Gifford Jan 2005

The Peculiar Challenges Posed By Latent Diseases Resulting From Mass Products, Donald G. Gifford

Maryland Law Review

No abstract provided.


Neologisms Revisited, Guido Calabresi Jan 2005

Neologisms Revisited, Guido Calabresi

Maryland Law Review

No abstract provided.


Causation And Responsibility: The Compensation Principle From Grotius To Calabresi, Francesco Parisi, Vincy Fon Jan 2005

Causation And Responsibility: The Compensation Principle From Grotius To Calabresi, Francesco Parisi, Vincy Fon

Maryland Law Review

No abstract provided.