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Articles 1 - 30 of 106
Full-Text Articles in Torts
The Nil Glass Ceiling, Tan Boston
The Nil Glass Ceiling, Tan Boston
University of Richmond Law Review
Name, image, and likeness (“NIL”) produced nearly $1 billion in earnings for intercollegiate athletes in its inaugural year. Analysts argue that the shockingly high totals result from disproportionate
institutional support for revenue-generating sports.
Although NIL earnings have soared upwards of eight figures to date, first-year data reveals that significant gender disparities exist. Such disparities raise Title IX concerns, which this Article illustrates using a hypothetical university and NIL collective. As such, this Article reveals how schools can facilitate gender discrimination through NIL collectives, contrary to Title IX. Although plainly applicable to NIL transactions in which schools are involved, Title IX’s …
Disinformation And The Defamation Renaissance: A Misleading Promise Of “Truth”, Lili Levi
Disinformation And The Defamation Renaissance: A Misleading Promise Of “Truth”, Lili Levi
University of Richmond Law Review
Today, defamation litigation is experiencing a renaissance, with progressives and conservatives, public officials and celebrities, corporations and high school students all heading to the courthouse to use libel lawsuits as a social and political fix. Many of these suits reflect a powerful new rhetoric—reframing the goal of defamation law as fighting disinformation. Appeals to the need to combat falsity in public discourse have fueled efforts to reverse the Supreme Court’s press–protective constitutional limits on defamation law under the New York Times v. Sullivan framework. The anti–disinformation frame could tip the scales and generate a majority on the Court to dismantle …
Swimming Up The Stream Of Commerce: How Plaintiffs In Products Liability Litigation Are Disadvantaged By Current Personal Jurisdiction Doctrine, Lily S. Smith
University of Richmond Law Review
The growth of e-commerce has facilitated an increasing number of products’ travel, frequently across state and international lines. This development has subsequently increased litigation between parties who are of diverse residencies. These disputes have challenged the fundamental territorial principles that established early personal jurisdiction doctrine. Moreover, unprecedented corporate expansion—both geographically and economically—has created an environment that has outgrown a doctrine focused on protecting defendants’ rights. As courts are beginning to reform their analysis in products liability litigation towards finding Amazon and others like it strictly liable for injuries caused by products sold on their sites, Amazon will have to find …
Applying Products Liability Law To Facebook’S Platform And Algorithms: Addiction, Radicalization, And Real-World Harm, Grant W. Shea
Applying Products Liability Law To Facebook’S Platform And Algorithms: Addiction, Radicalization, And Real-World Harm, Grant W. Shea
University of Richmond Law Review
Facebook has become central to the lives of millions of Americans. As of 2021, 69% of U.S. adults use Facebook. Among those U.S. adults who use Facebook, roughly 70% visit Facebook at least once a day. Moreover, as of 2020, 36% of U.S. adults receive their news through Facebook. That means roughly 60 million U.S. adults receive their news through Facebook each day. Facebook’s impact on American society cannot be overstated when viewed through such a lens. Thus, it is important to ensure Facebook responsibly designs its products: its platform and its algorithms.
Strictly Speaking, What Needs To Change? A Review Of How Statutory Changes Could Bring Strict Products Liability To Virginia, Ryan C. Fowle
Strictly Speaking, What Needs To Change? A Review Of How Statutory Changes Could Bring Strict Products Liability To Virginia, Ryan C. Fowle
University of Richmond Law Review
Virginia remains one of five states that refuse to adopt strict products liability. To date, the Supreme Court of Virginia has declined to follow the path Justice Traynor set out nearly a century ago, as its recent decisions confirm its resistance to strict liability. However, given the change in control of the General Assembly following the elections of 2017 and 2019, the General Assembly is in new hands and may remain that way for some time. This new legislative majority, among its plans for new policies, may soon consider establishing strict products liability by statute. In doing so, Virginia would …
Eliminating Liability For Lack Of Informed Consent To Medical Treatment, Valerie Gutmann Koch
Eliminating Liability For Lack Of Informed Consent To Medical Treatment, Valerie Gutmann Koch
University of Richmond Law Review
The legal doctrine of informed consent, which imposes tort liability for failure to disclose the risks, benefits, and alternatives of a proposed medical intervention, is often criticized for emphasizing ritual over relationships, contributing to the deterioration of the doctor-patient relationship by encouraging the practice of defensive medicine. This article considers a rather radical response to the allegations that the tort of lack of informed consent does not serve the lofty goal of protecting patient self-determination by ensuring that treatment decisions are voluntary and informed, namely the elimination of liability for failure to provide informed consent to medical treatment. In doing …
America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, Paul Holdsworth
America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, Paul Holdsworth
University of Richmond Law Review
No abstract provided.
Roadblocks To Remedies: Recently Developed Barriers To Relief For Aliens Injured By U.S. Officials, Contrary To The Founders' Intent, Gwynne L. Skinner
Roadblocks To Remedies: Recently Developed Barriers To Relief For Aliens Injured By U.S. Officials, Contrary To The Founders' Intent, Gwynne L. Skinner
University of Richmond Law Review
No abstract provided.
Virginia Should Abolish The Archaic Tort Defense Of Contributory Negligence And Adopt A Comparative Negligence Defense In Its Place, Peter Nash Swisher
Virginia Should Abolish The Archaic Tort Defense Of Contributory Negligence And Adopt A Comparative Negligence Defense In Its Place, Peter Nash Swisher
University of Richmond Law Review
No abstract provided.
Election Of Remedies In The Twenty-First Century: Centra Health, Inc. V. Mullins, L. Steven Emmert
Election Of Remedies In The Twenty-First Century: Centra Health, Inc. V. Mullins, L. Steven Emmert
University of Richmond Law Review
No abstract provided.
Civil Practice And Procedure, Hon. Jane Marum Roush
Civil Practice And Procedure, Hon. Jane Marum Roush
University of Richmond Law Review
No abstract provided.
Order Out Of Chaos: Products Liability Design-Defect Law, Dominick Vetri
Order Out Of Chaos: Products Liability Design-Defect Law, Dominick Vetri
University of Richmond Law Review
No abstract provided.
Proposed Legislation: A (Second) Modest Proposal To Protect Virginia Consumers Against Defective Products, Peter Nash Swisher
Proposed Legislation: A (Second) Modest Proposal To Protect Virginia Consumers Against Defective Products, Peter Nash Swisher
University of Richmond Law Review
The purpose of this article is to suggest a viable, necessary, and eminently reasonable legislative alternative that the Virginia General Assembly should enact for legitimate and pressing public policy reasons in order to properly protect Virginia consumers from defective and unreasonably dangerous consumer products.Adopting this alternative would bring the Commonwealth of Virginia into the mainstream of twenty-first century American, and transnational, products liability law.
Construction Law, D. Stan Barnhill
Construction Law, D. Stan Barnhill
University of Richmond Law Review
No abstract provided.
Medical Malpractice Law, Kathleen M. Mccauley, William F. Demarest Iii
Medical Malpractice Law, Kathleen M. Mccauley, William F. Demarest Iii
University of Richmond Law Review
No abstract provided.
Indirect Infringement From A Tort Law Perspective, Charles W. Adams
Indirect Infringement From A Tort Law Perspective, Charles W. Adams
University of Richmond Law Review
No abstract provided.
Accrual Of Causes Of Action In Virginia, James W. Ellerman
Accrual Of Causes Of Action In Virginia, James W. Ellerman
University of Richmond Law Review
This article will examine major issues in Virginia law affecting the accrual of causes of action, specifically in the contexts of contract, tort, and property. In addition to surveying the basic accrual requirements for each area of law, this article will look more deeply into several specific issues that guide an accrual analysis particularly the distinction between causes and rights of action, as well as the continuous treatment, discovery, and economic loss rules.
Reassessing Charitable Immunity In Virginia, Carl Tobias
Reassessing Charitable Immunity In Virginia, Carl Tobias
University of Richmond Law Review
No abstract provided.
The Modern Age Of Informed Consent, Barbara L. Atwell
The Modern Age Of Informed Consent, Barbara L. Atwell
University of Richmond Law Review
This essay explores the informed consent ramifications of the confluence of these two phenomena: developments in medical technology and emerging adulthood. In particular, it explores consent to medical treatments by emerging adults that are both elective and irreversible. In such cases, policy considerations dictate that additional safeguards be implemented to ensure that the consent given is truly informed. Part II of this essay provides an overview of the informed consent doctrine and outlines a variety of advancements in elective medical technology. Part III explores the concept of emerging adulthood. Part IV suggests that when emerging adults seek medical treatments that …
Product Liability Law, Gary J. Spahn, Brent M. Timberlake
Product Liability Law, Gary J. Spahn, Brent M. Timberlake
University of Richmond Law Review
While Virginia is not typically seen as "progressive" in the field of product liability law, the Commonwealth is nonetheless a forum in which these product liability battles take place. This article summarizes selected decisions of the United States Court of Appeals for the Fourth Circuit, federal district courts in Virginia, and courts of the Commonwealth issued between July 1, 2004 and May 15, 2005. This article also includes a discussion of the most relevant legislative changes made by the Virginia General Assembly over the same time period. While a complete analysis of every decision and statute affecting product liability is …
The Avid Sportsman And The Scope For Self-Protection: When Exculpatory Clauses Should Be Enforced, Robert Heidt
The Avid Sportsman And The Scope For Self-Protection: When Exculpatory Clauses Should Be Enforced, Robert Heidt
University of Richmond Law Review
No abstract provided.
State Farm Mutual Automobile Insurance Co. V. Campbell: Refining Bmw Of North America, Inc. V. Gore And Further Restricting Punitive Damages, Bridget E. Leonard
State Farm Mutual Automobile Insurance Co. V. Campbell: Refining Bmw Of North America, Inc. V. Gore And Further Restricting Punitive Damages, Bridget E. Leonard
University of Richmond Law Review
No abstract provided.
Proximate Cause And The American Law Institute: The False Choice Between The "Direct-Consequences" Test And The "Risk Standard", Michael L. Wells
Proximate Cause And The American Law Institute: The False Choice Between The "Direct-Consequences" Test And The "Risk Standard", Michael L. Wells
University of Richmond Law Review
No abstract provided.
Correctional Services Corporation V. Malesko: Unmasking The Implied Damage Remedy, Matthew G. Mazefsky
Correctional Services Corporation V. Malesko: Unmasking The Implied Damage Remedy, Matthew G. Mazefsky
University of Richmond Law Review
No abstract provided.
Labor And Employment Law, Thomas M. Winn Iii
Labor And Employment Law, Thomas M. Winn Iii
University of Richmond Law Review
No abstract provided.
Factual Causation In Toxic Tort Litigation: A Philosophical View Of Proof And Certainty In Uncertain Disciplines, Danielle Conway-Jones
Factual Causation In Toxic Tort Litigation: A Philosophical View Of Proof And Certainty In Uncertain Disciplines, Danielle Conway-Jones
University of Richmond Law Review
The headline reads: "Town clenched in suffocating grip of as- bestos: W.R. Grace & Co. closed its vermiculite mine in Libby, Mont[ana], 10 years ago, but hazardous material was embedded in the ore. Experts attribute many cases of lung disease to what they call secondary exposure." Lately, exposure to toxic substances and harm to human health and the environment have become the norm, not the exception. Within the United States and its territories alone, environmental groups, as well as individuals, have documented the proliferation of harmful exposure to toxic substances from as far away as Kaho'olawe, Hawai'i, to as close …
The Parental Tort Immunity Doctrine: Is It A Defensible Defense?, Sandra L. Haley
The Parental Tort Immunity Doctrine: Is It A Defensible Defense?, Sandra L. Haley
University of Richmond Law Review
If the overriding purpose of tort law is to compensate those injured by the wrongdoing of another, then intrafamily tort immunities have historically defeated that purpose. Their effect is to leave an uncompensated injured party with no remedy simply by virtue of the tortfeasor's familial relationship to the injured person. This survey focuses on the doctrine of parental tort immunity and concludes that, although numerous exceptions exist, the rationales advanced for the doctrine's continued existence are of questionable relevance today.
Avoiding Takings "Accidents": A Tort Perspective On Takings Law, Eric Kades
Avoiding Takings "Accidents": A Tort Perspective On Takings Law, Eric Kades
University of Richmond Law Review
Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result.
Annual Survey Of Virginia Law: Charitable Immunity: What Price Hath Charity?, Barbara Ann Williams
Annual Survey Of Virginia Law: Charitable Immunity: What Price Hath Charity?, Barbara Ann Williams
University of Richmond Law Review
It is well settled in Virginia that charitable organizations are immune from liability arising from tort claims asserted by persons who accept the organizations' charitable benefits. The determination of whether a plaintiff is the beneficiary of charitable bounty is a legal issue for the court to decide. Although most older Virginia cases discuss charitable immunity as it applies to hospitals, the doctrine has been applied to many other types of charitable organizations.
Products Liability Tort Reform: Why Virginia Should Adopt The Henderson-Twerski Proposed Revision Of Section 402a Restatement (Second) Of Torts, Peter Nash Swisher
Products Liability Tort Reform: Why Virginia Should Adopt The Henderson-Twerski Proposed Revision Of Section 402a Restatement (Second) Of Torts, Peter Nash Swisher
University of Richmond Law Review
Over the past three decades, literally thousands of American products liability judicial opinions have explicitly referred to, and analyzed, section 402A of the Second Restatement of Torts. At least thirty-four states have judicially adopted section 402A, and
five other states have passed specific statutes adopting the section.3 Since the landmark products liability case of Greenman v. Yuba Power Products,Inc.4 in 1963, at least forty-five states have now adopted some form of strict liability in tort remedy in American products liability actions.5 Only Virginia and four other states do
not recognize a strict liability in tort remedy applied to state prod- …