Torts Commons^™

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

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 …

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

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

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 …

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

BYU Law Review

No abstract provided.

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

Indiana Law Journal

No abstract provided.

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).

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 …

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

Michigan Law Review

A Review of Environmentally Induced Cancer and the Law by Frank B. Cross

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

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

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

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 Doctrine Of In Loco Parentis, Tort Liability And The Student-College Relationship, Theodore C. Stamatakos

Indiana Law Journal

No abstract provided.

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.

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

Washington and Lee Law Review

No abstract provided.

Vii. Federal Tort Claims Act

Washington and Lee Law Review

No abstract provided.

Iv. Defamation & Libel

Washington and Lee Law Review

No abstract provided.

Women, Mothers, And The Law Of Fright: A History, Martha Chamallas, Linda K. Kerber

Michigan Law Review

This article presents a gendered history of the law's treatment of fright-based physical injuries. Our goal is to connect the law of fright to the changing cultural and intellectual forces of the twentieth century. Through a feminist lens, we reexamine the accounts of the legal treatment of fright-based injuries offered by Victorian-erajurists, traditionalist legal scholars of the first two decades of the twentieth century, a legal realist in the 1930s, and a Freudian medical-legal commentator from the 1940s, all of whom helped to shape present-day tort doctrine. We conclude with an account of Dillon v. Legg, in which the …

Casenotes: Torts — Loss Of Consortium — Children Do Not Have A Cause Of Action For Loss Of Parental Consortium When A Parent Survives A Tortious Injury. Gaver V. Harrant, 316 Md. 17, 557 A.2d 210 (1989), James E. Myers

University of Baltimore Law Review

No abstract provided.

Tort Liability For Artificial Intelligence And Expert Systems, 10 Computer L.J. 127 (1990), George S. Cole

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Frame V. Kothari: May Plaintiffs Recover In New Jersey For The Emotional Distress Suffered Due To The Negligent Misdiagnosis Of Third Persons, Michael P. Gaughan

Villanova Law Review

No abstract provided.

The Duty To Warn In Aviation Law: A New Tort Theory In The Aftermath Of Pan American Flight 103, Cynthia Dokas

NYLS Journal of Human Rights

No abstract provided.

Notes: Torts — Parent-Child Immunity: Parent-Child Tort Immunity Defense Is Applicable In Wrongful Death And Survival Actions Despite The Modern Trend Toward Abrogation Of The Doctrine. Smith V. Gross, 319 Md. 138, 571 A.2d 1219 (1990), Sallie M. Brinkley

University of Baltimore Law Review

No abstract provided.

Annual Survey Of Virginia Law: Tort Law, Sharon Maitland Moon

University of Richmond Law Review

This article addresses tort legislation considered during the 1990 Session of the Virginia General Assembly. This article also reviews significant cases involving torts and products liability decided from January 1, 1989, through May 31, 1990, by the Supreme Court of Virginia, The United States Supreme Court, and the federal courts sitting in Virginia.