Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (10)
- Constitutional Law (8)
- Litigation (7)
- Legal Remedies (6)
- Criminal Law (5)
-
- Jurisprudence (5)
- Law and Society (5)
- Comparative and Foreign Law (4)
- Consumer Protection Law (4)
- Environmental Law (4)
- Legislation (4)
- Medical Jurisprudence (4)
- Civil Law (3)
- Contracts (3)
- Courts (3)
- Evidence (3)
- Insurance Law (3)
- Law and Economics (3)
- State and Local Government Law (3)
- Arts and Humanities (2)
- Bioethics and Medical Ethics (2)
- Civil Rights and Discrimination (2)
- Ethics and Political Philosophy (2)
- Family Law (2)
- First Amendment (2)
- Law and Gender (2)
- Law and Psychology (2)
- Legal Education (2)
- Institution
-
- West Virginia University (9)
- University of Maryland Francis King Carey School of Law (7)
- Cleveland State University (6)
- University of Oklahoma College of Law (6)
- Seattle University School of Law (5)
-
- University of Michigan Law School (5)
- University of Washington School of Law (5)
- Campbell University School of Law (4)
- University of Georgia School of Law (4)
- University of Kentucky (4)
- Boston University School of Law (3)
- Selected Works (3)
- University of Richmond (3)
- Villanova University Charles Widger School of Law (3)
- American University Washington College of Law (2)
- Brigham Young University Law School (2)
- Cornell University Law School (2)
- Georgetown University Law Center (2)
- Maurer School of Law: Indiana University (2)
- Mississippi College School of Law (2)
- Schulich School of Law, Dalhousie University (2)
- UIC School of Law (2)
- University of Pennsylvania Carey Law School (2)
- Vanderbilt University Law School (2)
- William & Mary Law School (2)
- Brooklyn Law School (1)
- Columbia Law School (1)
- Loyola University Chicago, School of Law (1)
- Mercer University School of Law (1)
- SelectedWorks (1)
- Keyword
-
- Torts (12)
- West Virginia (7)
- Wrongful death (7)
- Prenatal injuries (6)
- Damages (5)
-
- Preemption (5)
- Tort (5)
- Compensation (4)
- Negligence (4)
- Oklahoma (4)
- Products liability (4)
- Tort law (4)
- Liability (3)
- Product liability (3)
- Product safety (3)
- Common law (2)
- Due Process Clause (2)
- Federal Tort Claims Act (2)
- Governmental liability (2)
- Injuries (2)
- Juries (2)
- Legislation (2)
- Medical malpractice (2)
- Personal injuries (2)
- Product Liability (2)
- Punitive damages (2)
- Remedies (2)
- Risk (2)
- Settlements (2)
- Sovereign immunity (2)
- Publication
-
- West Virginia Law Review (9)
- Maryland Law Review (7)
- Oklahoma Law Review (6)
- Faculty Scholarship (5)
- Seattle University Law Review (5)
-
- Campbell Law Review (4)
- Journal of Law and Health (3)
- Law Faculty Scholarly Articles (3)
- Scholarly Works (3)
- Washington Law Review (3)
- All Faculty Scholarship (2)
- Articles (2)
- BYU Law Review (2)
- Cornell Law Faculty Publications (2)
- Dalhousie Law Journal (2)
- Faculty Publications (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Indiana Law Journal (2)
- Journal Articles (2)
- Law Faculty Articles and Essays (2)
- Law Faculty Publications (2)
- Michigan Law Review (2)
- Stephen D Sugarman (2)
- UIC Law Review (2)
- Vanderbilt Law School Faculty Publications (2)
- Villanova Environmental Law Journal (2)
- Washington International Law Journal (2)
- American University Journal of Gender, Social Policy & the Law (1)
- American University Law Review (1)
- Buffalo Law Review (1)
- Publication Type
Articles 1 - 30 of 102
Full-Text Articles in Torts
After Farley V. Sartin: The Consequences Of Declaring A Nonviable Fetus A Person For The Purpose Of Wrongful Death, Stacie L. Lude
After Farley V. Sartin: The Consequences Of Declaring A Nonviable Fetus A Person For The Purpose Of Wrongful Death, Stacie L. Lude
West Virginia Law Review
No abstract provided.
Farley V. Sartin And Tort Claims For The Wrongful Death Of A Nonviable Fetus: Paradigms, Imponderables And Proposals, Teree Foster
Farley V. Sartin And Tort Claims For The Wrongful Death Of A Nonviable Fetus: Paradigms, Imponderables And Proposals, Teree Foster
West Virginia Law Review
No abstract provided.
To Recover Or Not To Recover: A State By State Survey Of Fetal Wrongful Death Law, Jill D. Washburn Helbling
To Recover Or Not To Recover: A State By State Survey Of Fetal Wrongful Death Law, Jill D. Washburn Helbling
West Virginia Law Review
No abstract provided.
Relational And Liberal Feminism: The Ethic Of Care, Fetal Personhood And Autonomy, Joyce E. Mcconnell
Relational And Liberal Feminism: The Ethic Of Care, Fetal Personhood And Autonomy, Joyce E. Mcconnell
West Virginia Law Review
No abstract provided.
Life Begins At The Moment Of Conception For The Purposes Of W. Va. Code 55-7-5: The Supreme Court Of Appeals Of West Virginia Rewrites Our Wrongful Death Statute, Jason Cuomo
West Virginia Law Review
No abstract provided.
A Practical View Of Farley V. Sartin, Thomas J. Hurney Jr.
A Practical View Of Farley V. Sartin, Thomas J. Hurney Jr.
West Virginia Law Review
No abstract provided.
Whitner V. State: Expanding Child Abuse And Endangerment Laws To Protect Viable Fetuses From Prenatal Substance Abuse, Stephanie Hainer Ojeda
Whitner V. State: Expanding Child Abuse And Endangerment Laws To Protect Viable Fetuses From Prenatal Substance Abuse, Stephanie Hainer Ojeda
West Virginia Law Review
No abstract provided.
Torts, Cynthia Trimboli Adams, Charles R. Adams Iii
Torts, Cynthia Trimboli Adams, Charles R. Adams Iii
Mercer Law Review
These were purportedly among the last words of the tycoon John Jacob Astor as, clad in formal evening attire, he tenderly placed his wife into a lifeboat and, a gentleman to the last, prepared to meet his watery grave aboard the Titanic after it struck an iceberg in the frosty North Atlantic ocean on April 15, 1912. For the writers of this survey, faced with navigating through a record number of torts cases, this scene is rife with analogies. Obviously, asking for a little and getting a lot is appropriate. As usual, space requirements have forced us to make a …
Arkansas Tortious Interference Law: A Proposal For Change, Elisa Masterson White
Arkansas Tortious Interference Law: A Proposal For Change, Elisa Masterson White
University of Arkansas at Little Rock Law Review
No abstract provided.
Preventing The Discovery Of Plaintiff Genetic Profiles By Defendants Seeking To Limit Damages In Personal Injury Litigation, Mark A. Rothstein
Preventing The Discovery Of Plaintiff Genetic Profiles By Defendants Seeking To Limit Damages In Personal Injury Litigation, Mark A. Rothstein
Indiana Law Journal
No abstract provided.
Reply To Professors Wolkoff & Hanushek On The Economics Of Structured Judgments Under Cplr Article 50-B, Anthony H. Riccardi
Reply To Professors Wolkoff & Hanushek On The Economics Of Structured Judgments Under Cplr Article 50-B, Anthony H. Riccardi
Buffalo Law Review
No abstract provided.
The Choice Between Implied Warranty And Tort Liability For Recovery Of Pure Economic Loss In "Contract-Torts": A Comparison Of Judicial And Private Ordering In The Real Property Market, Norman Siebrasse
Dalhousie Law Journal
The Supreme Court's decision in Winnipeg Condo. Corp. No. 36 v. Bird Construction expanded recovery for pure economic loss in tort by allowing a subsequent purchaser to recover the cost of repairing a dangerous defect arising out of negligence in the construction of a building. This article outlines the theoretical justifications for extended tort liability when the parties are linked by a contractual chain but are not in privity, and concludes that it is not possible to determine whether extended liability is desirable without considering the details of the market in question. A comparison between tort liability and the protection …
A Note On The Nineteenth Century Law Of Seduction, J M. Bumsted, Wendy J. Owen
A Note On The Nineteenth Century Law Of Seduction, J M. Bumsted, Wendy J. Owen
Dalhousie Law Journal
The authors examine Prince Edward Island's Seduction Act of 1876, which departed from the model of seduction legislation of other Canadian provinces. Based on study of the limited surviving court records they note a number of ways in which the tort of seduction operated differently in nineteenth century Prince Edward Island than it did elsewhere
Legislative And Judicial Controls Of Contingency Fees In Tort Cases, Stephen D. Annand, Roberta F. Green
Legislative And Judicial Controls Of Contingency Fees In Tort Cases, Stephen D. Annand, Roberta F. Green
West Virginia Law Review
No abstract provided.
Toward A Tax-Based Explanation Of The Liability Insurance Crisis, Kyle D. Logue
Toward A Tax-Based Explanation Of The Liability Insurance Crisis, Kyle D. Logue
Articles
The so-called liability insurance crisis of 1985 and 1986 transformed the way we think about tort law and about liability insurance markets. The crisis phenomena, which first appeared in late 1984 and lasted until mid-1986, consisted of enormous increases in liability insurance premiums and alarming reductions in the availability of certain types of liability coverage. In the two principal liability lines of insurance (Other Liability and Medical Malpractice), premiums increased by hundreds (in some cases thousands) of percentage points in a matter of months. At the same time, the availability of liability insurance contracted sharply. The liability policies that were …
The Restatement's Rejection Of The Misappropriation Tort, Gary Myers
The Restatement's Rejection Of The Misappropriation Tort, Gary Myers
Faculty Publications
Some legal theories, like the proverbial vampire, refuse to die. The common law tort of misappropriation is one such legal theory, and the recent Restatement (Third) of Unfair Competition (Restatement) may finally lead to the demise of this outdated cause of action. Misappropriation began advisedly enough as a means of protecting certain intellectual property rights from unjust usurpation, often by direct competitors employing improper means. Arising before comprehensive copyright, patent, and trademark laws were fully developed, the tort may have played an important role in protecting intangible proprietary interests.The tort's high water mark was the 1918 Supreme Court decision in …
Personal Responsibility And The Law Of Torts , Douglas H. Cook
Personal Responsibility And The Law Of Torts , Douglas H. Cook
American University Law Review
No abstract provided.
Section L04(A)(2) After Commissioner U. Schleier: Litigating The Excludability Of Statutory Damages "Received On Account Of Personal Injuries", T. James Lee Jr.
Section L04(A)(2) After Commissioner U. Schleier: Litigating The Excludability Of Statutory Damages "Received On Account Of Personal Injuries", T. James Lee Jr.
BYU Law Review
No abstract provided.
Can Generic Products Be Disparaged? The "Of And Concerning" Requirement After Alar And The New Crop Of Agricultural Disparagement Statutes, Eric M. Stahl
Washington Law Review
Under the group libel principle, a statement broadly critical of a large group generally cannot give rise to a defamation claim; it is said that such a statement does not refer to, or is not of and concerning, any particular individual. This Comment addresses the extent to which the "of and concerning" requirement and group libel principle apply to claims of product disparagement, a tort similar to defamation but encompassing pecuniary injury, as opposed to damage to reputation, resulting from false statements. In particular, this Comment examines whether speech generally critical of a generic product can give rise to disparagement …
A Profile Of Tort Litigation In Georgia And Reflections On Tort Reform, Thomas A. Eaton, Susette M. Talarico
A Profile Of Tort Litigation In Georgia And Reflections On Tort Reform, Thomas A. Eaton, Susette M. Talarico
Scholarly Works
Fact-based studies of tort litigation in Georgia are almost nonexistent. Georgia is one of many states that does not provide the NCSC with any information regarding tort litigation patterns. Georgia does not provide such information because it is not compiled. It is not compiled because these data are not systematically maintained by local courts and reported to the Administrative Office of the Courts. Because the data are not routinely collected and reported, it is impossible to answer such elementary questions as: How many tort cases are filed in Georgia courts? What types of claims are brought? How many go to …
Farley V. Sartin: Viability Of A Fetus No Longer Required For Wrongful Death Liability, Robin C. Hewitt
Farley V. Sartin: Viability Of A Fetus No Longer Required For Wrongful Death Liability, Robin C. Hewitt
West Virginia Law Review
No abstract provided.
Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah
Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah
William & Mary Law Review
No abstract provided.
An Explanation Of Japan's Product Liability Law, Thomas Leo Madden
An Explanation Of Japan's Product Liability Law, Thomas Leo Madden
Washington International Law Journal
Japan has been contemplating the implementation of a product liability system since 1972. After much discussion, the Product Liability Law (Law No. 85 (1994)) was finally promulgated on July 1, 1994. It came into force one year later on July 1, 1995. In Japanese the law is called Seizōbutsu Sekinin Hō. The original article explains the law's historical significance and practical impact. It is commentary in style and is meant to serve as a basic guideline to help both consumers and businesses understand their respective rights and obligations under this new law.
Why Japan's New Products Liability Law Isn't, Andrew Marcuse
Why Japan's New Products Liability Law Isn't, Andrew Marcuse
Washington International Law Journal
The statutory language of Japan's 1994 Products Liability Act envisions a strict liability regime that would replace the previous negligence-based regime. This Comment reviews the development of the previous products liability regime, then analyzes the 1994 Products Liability Act in relation to Civil Code articles 415, 570, and 709 as well as EC Directive 85/374, and the 1975 Draft Model Law on Products Liability. The Comment concludes that because the 1994 Products Liability Act incorporates the Civil Code articles and their judicial interpretations, without addressing any of several structural and procedural barriers to suit, the 1994 Products Liability Act cannot …
Expediting Productive Reuse Of Superfund Sites: Some Legislative Solutions For Virginia And The Nation, Scott C. Whitney
Expediting Productive Reuse Of Superfund Sites: Some Legislative Solutions For Virginia And The Nation, Scott C. Whitney
William & Mary Environmental Law and Policy Review
No abstract provided.
The Utah Medical No-Fault Proposal: A Problem-Fraught Rejection Of The Current Tort System, Matthew K. Richards
The Utah Medical No-Fault Proposal: A Problem-Fraught Rejection Of The Current Tort System, Matthew K. Richards
BYU Law Review
No abstract provided.
Better Living Through Crime And Tort, Anita Bernstein
Better Living Through Crime And Tort, Anita Bernstein
Faculty Scholarship
No abstract provided.
Affirmative Duties, Systemic Harms, And The Due Process Clause, Barbara E. Armacost
Affirmative Duties, Systemic Harms, And The Due Process Clause, Barbara E. Armacost
Michigan Law Review
Part I of the article lays out the major academic criticisms of DeShaney v. Winnebago County Department of Social Services. Part II describes the contours of liability for failure to protect in tort. Part III offers a positive explanation for the strong presumption against governmental liability in failure-to-protect cases: permitting broad liability for failure to protect would involve the courts in second-guessing political decisions about the use of limited community resources. This explanation has two parts. First, as a matter of institutional competence, budgetary decisions about the appropriate level and distribution of public services are better suited to political rather …
Turning From Tort To Administration, Richard A. Nagareda
Turning From Tort To Administration, Richard A. Nagareda
Michigan Law Review
My objective here is to challenge the notion that the recent mass tort settlements - for all their novel qualities in the mass tort area - are truly sui generis in the law. Rather, I contend that the rise of such settlements in tort mirrors the development of public administrative agencies earlier in this century - that, in both instances, powerful new institutions emerged outside preexisting channels of control to wield significant power over human lives and resources. I argue that courts usefully may draw upon familiar doctrines of judicial review in administrative law to form a conceptual framework for …
The Case For A "Strong" Regulatory Compliance Defense, Richard C. Ausness
The Case For A "Strong" Regulatory Compliance Defense, Richard C. Ausness
Maryland Law Review
No abstract provided.