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Articles 1 - 30 of 65
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.
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 …
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.
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.
Predicting Future Sources Of Mass Toxic Tort Litigation, Jeffrey A. Foran, Bernard D. Goldstein, John A. Moore, Paul Slovic
Predicting Future Sources Of Mass Toxic Tort Litigation, Jeffrey A. Foran, Bernard D. Goldstein, John A. Moore, Paul Slovic
RISK: Health, Safety & Environment (1990-2002)
The authors describe the efforts of an expert working group to identify potential sources, over the next five to ten years, of future mass litigation and report on the group's consensus conclusions.
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 …
Municipal Liability For Negligent Inspections In Sinning V. Clark - A 'Hollow' Victory For The Public Duty Doctrine, Frank Swindell
Municipal Liability For Negligent Inspections In Sinning V. Clark - A 'Hollow' Victory For The Public Duty Doctrine, Frank Swindell
Campbell Law Review
This Note examines the North Carolina Court of Appeal's decision in Sinning v. Clark. First, the Note briefly reviews governmental immunity in code enforcement cases. Second, the Note provides an historical overview of the public duty doctrine and examines the legal analysis which other jurisdictions have used to reject the public duty doctrine in inspection cases. Next, the Note discusses North Carolina's concept of governmental immunity and surveys North Carolina's application of the public duty doctrine, including the doctrine's application in Lynn v. Overlook Development. Fourth, the Note analyzes the Sinning court's application of the public duty doctrine in light …
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.