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Articles 1 - 8 of 8
Full-Text Articles in Torts
Contributory Negligence, Comparative Negligence, And Stare Decisis In North Carolina, Steven Gardner
Contributory Negligence, Comparative Negligence, And Stare Decisis In North Carolina, Steven Gardner
Campbell Law Review
Part I of this article examines the contributory negligence doctrine and its history in the United States and North Carolina. Part II describes some of the criticism levelled at the contributory negligence doctrine. Part III examines the comparative negligence doctrine, including a-description of the types of comparative negligence systems, a history of the doctrine, and a look at the history of comparative negligence bills in the North Carolina General Assembly, concentrating on the several comparative negligence bills introduced in the 1980s and one of the principal arguments made against the bills. Part IV discusses North Carolina's stare decisis jurisprudence and …
Wanted: Privacy Protection For Doctors Who Performed Abortions, Angela Christina Couch
Wanted: Privacy Protection For Doctors Who Performed Abortions, Angela Christina Couch
American University Journal of Gender, Social Policy & the Law
No abstract provided.
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 …
Developments In Liability Theories And Defenses, Robert A. Destro
Developments In Liability Theories And Defenses, Robert A. Destro
Scholarly Articles
Litigators with experience in the field of religious liberty believe that courts do not seem to take religious liberty claims and defenses very seriously; however, it is difficult to know why. To be sure, the anecdotal evidence is certainly there, not only in the reported cases, but also in the actual courtroom experiences of those who attempt to raise religious liberty claims and defenses. In one Texas tort case, a trial court judge stated that she would not permit the Church "to hide behind the first amendment;" in a Maryland case a number of years ago, I was asked by …
Product Liability Law In The Federal Arena, Sherman Joyce
Product Liability Law In The Federal Arena, Sherman Joyce
Seattle University Law Review
The law of product liability has been created by state judges and legislatures. Although not widely noticed, this tradition changed when Congress enacted the General Aviation Revitalization Act of 1994. That legislation established an eighteen-year statute of repose for claims brought by non-commercial passengers injured or killed in accidents involving light aircraft. Until that time, product liability law had been exclusively a function of state law. Nevertheless, product liability reform legislation has been the subject of extensive examination and scrutiny by Members of the United States Congress for one and a half decades. This Article analyzes the constitutional underpinnings for …
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.
Punitive Damages For Constitutional Torts, Michael L. Wells
Punitive Damages For Constitutional Torts, Michael L. Wells
Scholarly Works
Critics complain that punitive damages often serve no good purpose. Whatever the merit of this charge as a general proposition, it is not universally valid across the range of tort suits. This article examines the issues raised by punitive damages for constitutional torts and takes issue with the general failure of commentators on punitive damages to recognize differences between constitutional tort and common law torts. I shall argue that constitutional tort is one area where punitive damage awards are essential to the effective enforcement of our rights. Constitutional tort is a special domain, in which the policy issues that bear …
A Missed Opportunity: The Federal Tort Claims Act And Civil Rights Actions, Diana Hassel
A Missed Opportunity: The Federal Tort Claims Act And Civil Rights Actions, Diana Hassel
Oklahoma Law Review
No abstract provided.