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Articles 1 - 30 of 63
Full-Text Articles in Torts
Overtreatment And Informed Consent: A Fraud-Based Solution To Unwanted And Unnecessary Care, Isaac D. Buck
Overtreatment And Informed Consent: A Fraud-Based Solution To Unwanted And Unnecessary Care, Isaac D. Buck
Florida State University Law Review
According to multiple accounts, the administration of American health care results in as much as $800 billion in wasted spending due largely to the provision of overly expensive, inefficient, and unnecessary services. Beyond inflicting fiscal pain on the nation’s pocketbook, this waste has no clinical benefit—and often results in unnecessary hospital stays, cascading follow-up procedures, and time-wasting inconvenience for American patients. But aside from the mere annoyance of unnecessary care, the administration of overtreatment—that is, unnecessary care in and of itself—causes harm to the patient. Excessive care is deficient care. Unnecessary care risks potential medical error and infection, and often …
The Medical Liability Exemption: A Path To Affordable Pharmaceuticals, Carrie E. Rosato
The Medical Liability Exemption: A Path To Affordable Pharmaceuticals, Carrie E. Rosato
Florida State University Law Review
Patent monopolies are tolerated because we believe they promote progress that benefits society. What should be done when these monopolies actually increase human suffering? Drug prices in America are fifty to eighty percent higher than the rest of the world, meaning many cannot afford drugs that will improve or even save their lives. When striking a balance between the interests of the patent holder and that of the public, it is important to bear in mind that the rewards granted to patentees are secondary to the public benefit derived from their labors. The ideal solution would come from Congress creating …
Impaired Physicians And The Scope Of Informed Consent: Balancing Patient Safety With Physician Privacy, Sarah Haston
Impaired Physicians And The Scope Of Informed Consent: Balancing Patient Safety With Physician Privacy, Sarah Haston
Florida State University Law Review
No abstract provided.
Florida's Tort Reform Act: Keeping The Faith With The Promise Of Hoffman V. Jones, George N. Meros, Jr., Chanta Hundley
Florida's Tort Reform Act: Keeping The Faith With The Promise Of Hoffman V. Jones, George N. Meros, Jr., Chanta Hundley
Florida State University Law Review
No abstract provided.
Tort Reform 1999: A Building Without A Foundation, Robert S. Peck, Richard Marshall, Kenneth D. Kranz
Tort Reform 1999: A Building Without A Foundation, Robert S. Peck, Richard Marshall, Kenneth D. Kranz
Florida State University Law Review
No abstract provided.
Information Liability: The Possible Chilling Effect Of Tort Claims Against Producers Of Geographic Information Systems Data, Jennifer L. Phillips
Information Liability: The Possible Chilling Effect Of Tort Claims Against Producers Of Geographic Information Systems Data, Jennifer L. Phillips
Florida State University Law Review
No abstract provided.
Toward A More Just And Predictable Civil Justice System, George N. Meros, Jr.
Toward A More Just And Predictable Civil Justice System, George N. Meros, Jr.
Florida State University Law Review
No abstract provided.
Tort Reform 1997-98: Profits V. People, Kenneth D. Kranz
Tort Reform 1997-98: Profits V. People, Kenneth D. Kranz
Florida State University Law Review
No abstract provided.
Sexual Harassment In The Legal Profession: Workplace Education And Reform, Civil Remedies, And Professional Discipline, Lisa Pfenninger
Sexual Harassment In The Legal Profession: Workplace Education And Reform, Civil Remedies, And Professional Discipline, Lisa Pfenninger
Florida State University Law Review
No abstract provided.
Sharing Accountability For Breast Implants: Strict Products Liability And Medical Professionals Engaged In Hybrid Sales/Service Cosmetic Products Transactions, Richard L. Cupp, Jr.
Sharing Accountability For Breast Implants: Strict Products Liability And Medical Professionals Engaged In Hybrid Sales/Service Cosmetic Products Transactions, Richard L. Cupp, Jr.
Florida State University Law Review
No abstract provided.
Liability For 'Knowing' Transmission Of Hiv: The Evolution Of A Duty To Disclose, Jody B. Gabel
Liability For 'Knowing' Transmission Of Hiv: The Evolution Of A Duty To Disclose, Jody B. Gabel
Florida State University Law Review
No abstract provided.
A Cry For Help: An Argument For Abrogation Of The Parent-Child Tort Immunity Doctrine In Child Abuse And Incest Cases, Caroline E. Johnson
A Cry For Help: An Argument For Abrogation Of The Parent-Child Tort Immunity Doctrine In Child Abuse And Incest Cases, Caroline E. Johnson
Florida State University Law Review
No abstract provided.
When The Shepherd Preys On The Flock: Clergy Sexual Exploitation And The Search For Solutions, Eduardo Cruz
When The Shepherd Preys On The Flock: Clergy Sexual Exploitation And The Search For Solutions, Eduardo Cruz
Florida State University 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 …
The Implications Of 42 U.S.C. § 1983 For The Privatization Of Prisons, Charles W. Thomas, Linda S. Calvert Hanson
The Implications Of 42 U.S.C. § 1983 For The Privatization Of Prisons, Charles W. Thomas, Linda S. Calvert Hanson
Florida State University Law Review
No abstract provided.
Byrd V. Lohr, 488 So. 2d 138 (Fla. 5th Dca 1986), Diane Wagner Carr
Byrd V. Lohr, 488 So. 2d 138 (Fla. 5th Dca 1986), Diane Wagner Carr
Florida State University Law Review
Torts-PUNITIVE DAMAGES-THE FLORIDA SUPREME COURT IS ASKED TO DECIDE WHETHER PUNITIVE DAMAGES MAY BE AWARDED AGAINST A DECEASED TORTFEASOR'S ESTATE
Constitutional Stumbling Blocks To Legislative Tort Reform, Kenneth Vinson
Constitutional Stumbling Blocks To Legislative Tort Reform, Kenneth Vinson
Florida State University Law Review
Recent attempts by state legislators to reform the tort system have frequently been struck down by the courts on constitutional grounds. In this light, the author reviews the hostile judicial reactions to tort reform from the turn-of-the-century challenges to workers' compensation schemes through present day reform efforts. In the discussion of modern day efforts, the author focuses on attempts by the Florida Legislature to deal with the insurance crisis and then examines the Florida Supreme Court's use of state constitutional provisions to block these efforts. The author concludes that the judiciary should allow the legislature and the voters a freer …
Avallone V. Board Of County Commissioners, 493 So. 2d 1002 (Fla. 1986)
Avallone V. Board Of County Commissioners, 493 So. 2d 1002 (Fla. 1986)
Florida State University Law Review
Torts-SOVEREIGN IMMUNITY-SUPREME COURT OF FLORIDA RULES THAT PLANNING/OPERATIONAL DICHOTOMY NOT APPLICABLE UNDER LIABILITY INSURANCE STATUTE
Kelley V. R.G. Industries, 497 A.2d 1143 (Md. 1985), Matthew S. Steffey
Kelley V. R.G. Industries, 497 A.2d 1143 (Md. 1985), Matthew S. Steffey
Florida State University Law Review
Torts--STRICT LIABILITY-MANUFACTURERS' OR MARKETERS' LIABILITY FOR THE CRIMINAL USE OF SATURDAY NIGHT SPECIALS: A NEW COMMON LAW APPROACH
Everton V. Willard, 468 So. 2d 936 (Fla. 1985), Donna Sessions Waters
Everton V. Willard, 468 So. 2d 936 (Fla. 1985), Donna Sessions Waters
Florida State University Law Review
Torts-SOVEREIGN IMMUNITY-THE FLORIDA SUPREME COURT DECIDES LAW ENFORCEMENT OFFICERS HAVE NO DUTY TO ARREST DRUNK DRIVERS
Proximate Cause Should Be Barred From Wandering Outside Negligence Law, Kenneth Vinson
Proximate Cause Should Be Barred From Wandering Outside Negligence Law, Kenneth Vinson
Florida State University Law Review
No abstract provided.
The Drug Manufacturer's Duty To Warn -- To Whom Does It Extend?, Donald E. Thompson, Ii
The Drug Manufacturer's Duty To Warn -- To Whom Does It Extend?, Donald E. Thompson, Ii
Florida State University Law Review
No abstract provided.
Miami Herald Publishing Co. V. Ane, 458 So. 2d 239 (Fla. 1984), M. David Shapiro
Miami Herald Publishing Co. V. Ane, 458 So. 2d 239 (Fla. 1984), M. David Shapiro
Florida State University Law Review
Torts-Defamation-PRIVATE CITIZENS NEED ONLY SHOW NEGLIGENCE IN ACTIONS AGAINST MEDIA DEFENDANTS. DOES THIS STIFLE THE MEDIA AT THE PUBLIC'S EXPENSE?
Snow V. Nelson, 450 So. 2d 269 (Fla. 3d Dca 1984), Kimberely Lionel King
Snow V. Nelson, 450 So. 2d 269 (Fla. 3d Dca 1984), Kimberely Lionel King
Florida State University Law Review
Torts-LIABILITY OF PARENTS FOR NEGLIGENT SUPERVISION OF THEIR MINOR CHILDREN
The Florida Legislature Tolls The Death Knell For Interspousal Immunity In Tort, Lansing C. Scriven
The Florida Legislature Tolls The Death Knell For Interspousal Immunity In Tort, Lansing C. Scriven
Florida State University Law Review
No abstract provided.
Landlord Liability For Crime To Florida Tenants -- The New Duty To Protect From Foreseeable Attack, Kevin Odonnell
Landlord Liability For Crime To Florida Tenants -- The New Duty To Protect From Foreseeable Attack, Kevin Odonnell
Florida State University Law Review
No abstract provided.
Insurance Co. Of North America V. Pasakarnis, 451 So. 2d 447 (Fla. 1984), David M. Shapiro
Insurance Co. Of North America V. Pasakarnis, 451 So. 2d 447 (Fla. 1984), David M. Shapiro
Florida State University Law Review
Torts/Evidence-SEAT BELT DEFENSE-WHETHER THEY KNOW IT OR NOT, FLORIDA MOTORISTS MUST "BUCKLE UP" OR RISK LOSS OF FULL RECOVERY
Florida's Approach To Choice-Of-Law Problems In Tort, Harold P. Southerland, Jerry J. Waxman
Florida's Approach To Choice-Of-Law Problems In Tort, Harold P. Southerland, Jerry J. Waxman
Florida State University Law Review
No abstract provided.
Computing Lost Future Earnings In Light Of Jones & Laughlin Steel Corp. V. Pfeifer, Patrick J. Maxwell
Computing Lost Future Earnings In Light Of Jones & Laughlin Steel Corp. V. Pfeifer, Patrick J. Maxwell
Florida State University Law Review
No abstract provided.
Malicious, Intentional And Negligent Mental Distress In Florida, Patricia V. Russo
Malicious, Intentional And Negligent Mental Distress In Florida, Patricia V. Russo
Florida State University Law Review
No abstract provided.