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Articles 61 - 65 of 65
Full-Text Articles in Torts
Judicial Boilerplate Language As Torts Decisional Litany: Four Problem Areas In North Carolina, Charles E. Daye
Judicial Boilerplate Language As Torts Decisional Litany: Four Problem Areas In North Carolina, Charles E. Daye
Campbell Law Review
This article discusses four selected examples from the tort law of North Carolina. These examples isolate instances in which the result of a case might not have warranted the language used or when the language of the cases was picked up and carried forward in subsequent cases without adequate analysis. Perhaps attorneys can point out these problems to the courts, and perhaps the courts might choose to make helpful clarifications.
Jane Doe, On Behalf Of Herself And All Others Similarly Situated: Radovan Karadzic In United States District Court, Susan L. Ronn
Jane Doe, On Behalf Of Herself And All Others Similarly Situated: Radovan Karadzic In United States District Court, Susan L. Ronn
Seattle University Law Review
In perhaps the only method available to respond with power to the horrors of "ethnic cleansing" in Bosnia-Herzegovina, Muslim women turned to a United States court for redress under the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA) The district court denied jurisdiction. This Article examines the opinion of the United States District Court in Doe v. Karadzic and concludes that Jane Doe and all others similarly situated should find redress in the courts of the United States for the brutalities inflicted upon them. Federal courts should not interpret the ATCA and the TVPA so narrowly …
Toward A Pragmatic Model Of Judicial Decisionmaking: Why Tort Law Provides A Better Framework Than Constitutional Law For Deciding The Issue Of Medical Futility, Brent D. Lloyd
Seattle University Law Review
Recognizing that courts will eventually have to confront the issue of medical futility, this Comment argues that there is no principled basis for omitting these difficult questions from a legal analysis of the issue and that courts should therefore decide the issue in a manner that honestly confronts them. Specifically, the argument advanced here is that courts confronted with cases of medical futility should decide the issue under principles of tort law, rather than under principles of constitutional law. The crux of this argument is that tort principles provide an open-ended analytical framework conducive to considering troublesome questions like those …
Dram Shop Law - Gambling While Intoxicated: The Winner Takes It All - The Third Circuit Examines A Casino's Liability For Allowing A Patron To Gamble While Intoxicated, Jessica L. Krentzman
Dram Shop Law - Gambling While Intoxicated: The Winner Takes It All - The Third Circuit Examines A Casino's Liability For Allowing A Patron To Gamble While Intoxicated, Jessica L. Krentzman
Villanova Law Review
No abstract provided.
Does Fifra Label State Tort Claims For Inadequate Warning Preempted - Welchert V. American Cyanamid, Inc., Ian M. Hughes
Does Fifra Label State Tort Claims For Inadequate Warning Preempted - Welchert V. American Cyanamid, Inc., Ian M. Hughes
Villanova Environmental Law Journal
No abstract provided.