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- Torts (13)
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Articles 31 - 60 of 82
Full-Text Articles in Torts
Balance, Band-Aid, Or Tourniquet: The Illusion Oo Qualified Immunity For Federal Officials, H. Allen Black
Balance, Band-Aid, Or Tourniquet: The Illusion Oo Qualified Immunity For Federal Officials, H. Allen Black
William & Mary Law Review
No abstract provided.
Beyond Consolidation: Postaggregative Procedure In Asbestos Mass Tort Litigation, Linda S. Mullenix
Beyond Consolidation: Postaggregative Procedure In Asbestos Mass Tort Litigation, Linda S. Mullenix
William & Mary Law Review
No abstract provided.
Preserving Discretion Without Sacrificing Deterrence: Federal Governmental Liability In Tort, Harold J. Krent
Preserving Discretion Without Sacrificing Deterrence: Federal Governmental Liability In Tort, Harold J. Krent
All Faculty Scholarship
No abstract provided.
Historical Study Of Personal Injury Litigation: A Comment On Method, Thomas D. Russell
Historical Study Of Personal Injury Litigation: A Comment On Method, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
In this piece, Russell argues in favor of archival work in the trial-court records rather than appellate court reports in order to gain a more accurate historical view.
A Comparison Of Civil Procedure Practices In Products Liability Actions Between The United States And Japan: Underlying Reasons For Basic Differences, Akio Hayashi
LLM Theses and Essays
Both the U.S. and Japan are highly industrialized countries and many of the same products are used in both countries. So, why is there such a large difference in the number of products liability suits filed?
The present work explores the differences in the American and Japanese legal systems with a focus on products liability claims. The conclusion will show that it is the difference in the two countries applicable civil procedures that explain the disparity in suits.
The Quiet Revolution In Products Liability, James A. Henderson Jr., Theodore Eisenberg
The Quiet Revolution In Products Liability, James A. Henderson Jr., Theodore Eisenberg
Cornell Law Faculty Publications
Most revolutions are noisy, tumultuous affairs. This is as true of significant shifts in legal doctrine as it is of shifts of political power through force of arms. Indeed, the pro-plaintiff revolution in American products liability in the early 1960s will forever be associated with heroic, martial images, epitomized in Prosser's description of the assault upon, and fall of, the fortress citadel of privity. The same sort of terminology aptly could be used to describe the last five or ten years of legislative reform activity in the various states. Reacting to what many see as "crises" brought on by courts …
La Naturaleza Jurídica De Los Intereses : Punto De Conexión Entre Derecho Y Economía, Gastón Fernández Cruz
La Naturaleza Jurídica De Los Intereses : Punto De Conexión Entre Derecho Y Economía, Gastón Fernández Cruz
Gastón Fernández Cruz
No abstract provided.
Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson
Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson
Publications
The legal branch of the women's movement, although of one mind on some subjects, is divided on the proper approach to pornography. Some feminists oppose the imposition of any legal burdens on pornography because they fear that feminist speech will be caught in the general suppression, and others believe that any such burdens must violate the first amendment. Professor Wesson suggests that pornography should be defined to include only those materials that equate sexual pleasure with the infliction of violence or pain, and imply approval of conduct that generates the actor's arousal or satisfaction through this infliction. So defined, pornography …
Illinois Rejects Market Share Liability: A Policy Based Analysis Of Smith V. Eli Lilly & Co., 79 Ky. L.J. 617 (1991), Kurt M. Zitzer, Marc Ginsberg
Illinois Rejects Market Share Liability: A Policy Based Analysis Of Smith V. Eli Lilly & Co., 79 Ky. L.J. 617 (1991), Kurt M. Zitzer, Marc Ginsberg
UIC Law Open Access Faculty Scholarship
No abstract provided.
Lost Chance Of Survival In Illinois: The Need For Guidance From The Illinois Supreme Court, Shelly E. Smith
Lost Chance Of Survival In Illinois: The Need For Guidance From The Illinois Supreme Court, Shelly E. Smith
Loyola University Chicago Law Journal
No abstract provided.
How Privacy Got Its Gender, Anita L. Allen, Erin Mack
How Privacy Got Its Gender, Anita L. Allen, Erin Mack
All Faculty Scholarship
No abstract provided.
Judicially Imposed Liquor Liability And Developments In West Virginia Negligence Actions, R. Scott Summers
Judicially Imposed Liquor Liability And Developments In West Virginia Negligence Actions, R. Scott Summers
West Virginia Law Review
No abstract provided.
Assumption Of Risk After Comparative Negligence: Integrating Contract Theory Into Tort Doctrine, John L. Diamond
Assumption Of Risk After Comparative Negligence: Integrating Contract Theory Into Tort Doctrine, John L. Diamond
Faculty Scholarship
No abstract provided.
Recovery For The Wrongful Death Of A Fetus, Michael P. Mccready
Recovery For The Wrongful Death Of A Fetus, Michael P. Mccready
University of Richmond Law Review
This Note traces the history and development of actions for prenatal wrongful death. It emphasizes the state of the law in Virginia and examines the rationale of various jurisdictions where courts have chosen to draw a line for imposing liability. After discussing the role of wrongful death statutes, this Note concludes with an analysis of the trends in the law and a prediction of the direction the law will take in the future.
Virginia Law Of Products Liability, Thomas W. Williamson Jr.
Virginia Law Of Products Liability, Thomas W. Williamson Jr.
University of Richmond Law Review
When the history of Twentieth Century America's jurisprudence is chronicled, a prominent chapter will be devoted to the rise of product liability law. At the beginning of the century, a person injured by a defective product usually had no recourse against either the product's seller or manufacturer. By 1970, the barriers obstructing recovery had been dismantled and it was generally accepted that a seller or manufacturer of a product would be strictly liable to anyone injured by the defective condition of the product.
Damages For Loss Of The Enjoyment Of Life, 24 J. Marshall L. Rev. 423 (1991), John Dwight Ingram
Damages For Loss Of The Enjoyment Of Life, 24 J. Marshall L. Rev. 423 (1991), John Dwight Ingram
UIC Law Review
No abstract provided.
Privity, Products Liability, And Ucc Warranties: A Retrospect Of And Prospects For Illinois Commercial Code 2-318, 25 J. Marshall L. Rev. 177 (1991), Steven Bonanno
UIC Law Review
No abstract provided.
Milkovich V. Lorain Journal Co. - Demise Of The Opinion Privilege In Defamation, Lisa K. West
Milkovich V. Lorain Journal Co. - Demise Of The Opinion Privilege In Defamation, Lisa K. West
Villanova Law Review
No abstract provided.
The Uncertain Promise Of Law: Lessons From Bhopal, Jamie Cassels
The Uncertain Promise Of Law: Lessons From Bhopal, Jamie Cassels
Osgoode Hall Law Journal
This paper describes the course of the litigation following the Bhopal disaster. It begins with a brief description of the various failures in risk assessment and management that gave rise to the hazardous conditions in Bhopal, and then describes in more detail the resulting legal proceedings. Specifying a number of modest criteria against which the success of the litigation can be measured, the paper examines why traditional tort processes are unlikely to succeed in the case of mass hazards. The paper describes and analyzes a number of significant reforms forged by the Indian courts in response to the Bhopal disaster, …
Products Liability And Preemption: A Judicial Framework, Barbara L. Atwell
Products Liability And Preemption: A Judicial Framework, Barbara L. Atwell
Buffalo Law Review
No abstract provided.
The Price Of Beauty: An Economic Approach To Aesthetic Nuisance, George P. Smith Ii, Griffin W. Fernandez
The Price Of Beauty: An Economic Approach To Aesthetic Nuisance, George P. Smith Ii, Griffin W. Fernandez
Scholarly Articles
This Article advocates a wider judicial recognition of nuisance actions based on aesthetic considerations. Contrary to the majority of legal opinion to the contrary, it is argued that a right to enjoy property should include a right to be free from non-invasive aesthetic or visual nuisances. With modern real estate appraisal methods making it possible to express community aesthetic preferences in monetary terms, courts are now no longer prevented from using these tools in assessing injuries to real estate. Thus, determinations of aesthetic nuisance actions are not any more subjective than the current task of courts in the context of …
Employer Intentional Torts In Virginia: Proposal For An Exception To The Exclusive Workers' Compensation Remedy, Jodi Parrish Power
Employer Intentional Torts In Virginia: Proposal For An Exception To The Exclusive Workers' Compensation Remedy, Jodi Parrish Power
University of Richmond Law Review
Workers' compensation is a no-fault system of recovery implemented by statute in every state. Originating in the nature of a compromise, the workers' compensation system is the exclusive remedy between the employee and employer. The majority of states, however, recognize an exception to this exclusivity provision where an employer's actions constitute an intentional tort. Virginia has yet to recognize such an exception by statute or judicial action.
Products Liability And Preemption: A Judicial Framework, Barbara L. Atwell
Products Liability And Preemption: A Judicial Framework, Barbara L. Atwell
Elisabeth Haub School of Law Faculty Publications
Part I of this article examines the preemption doctrine while Part II explores the development of the law of products liability. Part III analyzes products liability cases in which the preemption defense has been raised—focusing on cases involving cigarettes and automobiles—and examines the approaches taken by the courts. Finally, Part IV articulates a framework for courts to use when the preemption defense is asserted in products liability cases.
Lender Liability: The Dilemma Of The Controlling Creditor, J. Dennis Hynes
Lender Liability: The Dilemma Of The Controlling Creditor, J. Dennis Hynes
Publications
No abstract provided.
The Illusive Meaning Of The Term "Product" Under Section 402a Of The Restatement (Second) Of Torts, Charles E. Cantu
The Illusive Meaning Of The Term "Product" Under Section 402a Of The Restatement (Second) Of Torts, Charles E. Cantu
Oklahoma Law Review
No abstract provided.
Governmental Inaction As A Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells
Governmental Inaction As A Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells
Scholarly Works
DeShaney v. Winnebago County Department of Social Services is the Supreme Court's first major effort to define the scope of state and local governments' affirmative obligations under the fourteenth amendment. The Court rejected liability against a county welfare agency and a caseworker for failing to prevent a father from severely beating his four-year-old son. The Court intimated that constitutional affirmative duties exist only where the plaintiff is in the state's custody. Scholarly commentary reads the case as announcing a sweeping prohibition against the imposition of affirmative duties in other contexts. Professors Eaton and Wells demonstrate that the DeShaney opinion is …
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Cleveland State Law Review
This article explores the policy reasons which courts have adopted to deny a private cause of action holding educators legally liable for deficiencies in a student's education. The introductory section provides the background on the basic issue of malpractice in education. Section two examines educational malpractice case law focusing first on cases involving negligence in basic academic skill instruction, then looking at negligence in special education. Section three explores the various duty of care arguments while section four discusses three alternate theories for recovery. Section five analyzes the policy reasons for denial of the tort of educational malpractice. New directions …
Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld
Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld
Cleveland State Law Review
Over the last thirty years, the Court has decided a number of cases which illustrate an on-going struggle to find the proper place for section 1983 in the federal court system and, consequently, what ultimately qualifies as adequate procedural due process within the context of the statute. This note will examine the history of Court decisions involving section 1983 in order to provide the proper background for examining the Court's most recent decision in Zinermon v. Burch, a case which itself has added to an already confusing field of legal study. Within this historical background, however, the Court has actually …
The Promissory Basis Of Section 90, Edward Yorio, Steve Thel
The Promissory Basis Of Section 90, Edward Yorio, Steve Thel
Faculty Scholarship
No abstract provided.
Dewey V. R. J. Reynolds Tobacco Company: A Change In Cigarette Labels In New Jersey, Donna M. Dever
Dewey V. R. J. Reynolds Tobacco Company: A Change In Cigarette Labels In New Jersey, Donna M. Dever
Villanova Law Review
No abstract provided.