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Articles 5581 - 5610 of 8892

Full-Text Articles in Torts

Proof Of Fault In Media Defamation Litigation, Lackland H. Bloom, Jr. Mar 1985

Proof Of Fault In Media Defamation Litigation, Lackland H. Bloom, Jr.

Vanderbilt Law Review

At common law, defamation was a strict liability tort. A defendant could be held liable for publishing a false and defamatory statement absent any evidence that the defendant suspected the statement's falsity or even its defamatory potential, and despite the fact that the defendant used reasonable care in attempting to ascertain the truth. The plaintiff only had to prove fault by the publisher when the plaintiff was attempting to overcome a qualified privilege or establish the liability of a secondary publisher such as a news vendor.' Since the United States Supreme Court's decision in New York Times v. Sullivan, however, …

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Viii. Torts Mar 1985

Viii. Torts

Washington and Lee Law Review

No abstract provided.

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Power Abuse As A Basis For Alienation Of Affections: Nelson V. Jacobsen, Karl N. Haws Mar 1985

Power Abuse As A Basis For Alienation Of Affections: Nelson V. Jacobsen, Karl N. Haws

BYU Law Review

No abstract provided.

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Civil Rights And "Personal Injuries": Virginia's Statute Of Limitations For Section 1983 Suits, John R. Pagan Feb 1985

Civil Rights And "Personal Injuries": Virginia's Statute Of Limitations For Section 1983 Suits, John R. Pagan

William & Mary Law Review

No abstract provided.

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An Inquiry Into The Merits Of Copyright - Notes On Property Parallels, Dukeminier/Krier Book, Among Other Things - 1985, Wendy J. Gordon Jan 1985

An Inquiry Into The Merits Of Copyright - Notes On Property Parallels, Dukeminier/Krier Book, Among Other Things - 1985, Wendy J. Gordon

Scholarship Chronologically

These are notes re thoughts sparked by reading Dukeminier & Krier, PROPERTY (little Brown 1981) and their TEACHERS MANUAL FOR PROPERTY (Little Brown 1981). What I may be doing is beginning a unified i/p. One part of that doctrine may be parallel ordinary Property, like so: HYPOTHESIS - The role played in ordinary property law by "possession" [,1] may be played in i/p law by "use. This can be very important.

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Snow V. Nelson, 450 So. 2d 269 (Fla. 3d Dca 1984), Kimberely Lionel King Jan 1985

Snow V. Nelson, 450 So. 2d 269 (Fla. 3d Dca 1984), Kimberely Lionel King

Florida State University Law Review

Torts-LIABILITY OF PARENTS FOR NEGLIGENT SUPERVISION OF THEIR MINOR CHILDREN

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Retribution And Deterrence: The Role Of Punitive Damages In Products Liability Litigation, Richard C. Ausness Jan 1985

Retribution And Deterrence: The Role Of Punitive Damages In Products Liability Litigation, Richard C. Ausness

Law Faculty Scholarly Articles

Punitive damages constitute an award to an injured party above what is necessary to compensate for actual loss. This Article considers whether punitive damages are an effective means of promoting the goals of products liability law. Section I traces the use of punitive damages in products liability litigation from the early 1960's to the present time. Section II examines the traditional rationales for punitive damages and considers whether they are appropriate in the products liability context. Finally, Section III evaluates some of the measures that commentators have proposed to adapt more fully the concept of punitive damages to products liability …

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Design For Challenge: The Kentucky Statute Of Repose For Improvements To Real Property, Jayne Moore Jan 1985

Design For Challenge: The Kentucky Statute Of Repose For Improvements To Real Property, Jayne Moore

Kentucky Law Journal

No abstract provided.

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Kentucky Law Survey: Torts, Jayne Moore Waldrop Jan 1985

Kentucky Law Survey: Torts, Jayne Moore Waldrop

Kentucky Law Journal

No abstract provided.

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Implied Indemnity In Illinois, Forrest Gunnison Jan 1985

Implied Indemnity In Illinois, Forrest Gunnison

Loyola University Chicago Law Journal

No abstract provided.

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Foreward: The Use And Control Of Punitive Damages, David Owen Jan 1985

Foreward: The Use And Control Of Punitive Damages, David Owen

Faculty Publications

No abstract provided.

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Torts, Ralph Michael Stein Jan 1985

Torts, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

About the only thing a teacher of tort law can be sure of is that each year he or she will witness new efforts, some successful and most not, to extend the reach and effect of the law of private wrongs. Last year's Survey article analyzed a wide range of tort issues and while New York courts handed down fewer tort opinions of broad implication this Survey year, there is much to study and to apply in future litigation. As always, tort law is a somewhat quixotic but nonetheless valid barometer of shifting societal and judicial values about the nature …

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Compensation For Victims Of Hazardous Substance Exposure, J. David Prince Jan 1985

Compensation For Victims Of Hazardous Substance Exposure, J. David Prince

Faculty Scholarship

Hazardous wastes, threatening environmental and human safety, are being generated at an alarming rate. In this Article, J. David Prince discusses the threats posed by hazardous wastes and the remedies that are available in Minnesota for dealing with those threats. Professor Prince analyzes a proposed compensation scheme for victims of hazardous waste exposure in Minnesota and suggests that a modification of that scheme be adopted by the Minnesota Legislature.

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Torts, Charles O. Lorenson Jan 1985

Torts, Charles O. Lorenson

West Virginia Law Review

No abstract provided.

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Social Host Liability: Opening A Pandora's Box, Marc E. Odier Jan 1985

Social Host Liability: Opening A Pandora's Box, Marc E. Odier

Indiana Law Journal

No abstract provided.

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The Florida Legislature Tolls The Death Knell For Interspousal Immunity In Tort, Lansing C. Scriven Jan 1985

The Florida Legislature Tolls The Death Knell For Interspousal Immunity In Tort, Lansing C. Scriven

Florida State University Law Review

No abstract provided.

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Informed Consent: A Study Of Decisionmaking In Psychiatry, 18 J. Marshall L. Rev. 803 (1985), Maureen D. Mudron Jan 1985

Informed Consent: A Study Of Decisionmaking In Psychiatry, 18 J. Marshall L. Rev. 803 (1985), Maureen D. Mudron

UIC Law Review

No abstract provided.

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Vaughn V. General Motors Corporation: Limiting Defective Product Tort Loss Recovery, 18 J. Marshall L. Rev. 525 (1985), Joyce A. Zizzo Jan 1985

Vaughn V. General Motors Corporation: Limiting Defective Product Tort Loss Recovery, 18 J. Marshall L. Rev. 525 (1985), Joyce A. Zizzo

UIC Law Review

No abstract provided.

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More Speech, Less Litigation: Extending The Noerr-Pennington Doctrine To The Law Of Defamation, 18 J. Marshall L. Rev. 683 (1985), Adam Kreuzer Jan 1985

More Speech, Less Litigation: Extending The Noerr-Pennington Doctrine To The Law Of Defamation, 18 J. Marshall L. Rev. 683 (1985), Adam Kreuzer

UIC Law Review

No abstract provided.

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Illinois Law In Distress: The Zone Of Danger And Physical Injury Rules In Emotional Distress Litigation, 19 J. Marshall L. Rev. 17 (1985), Edward A. Mccarthy Jan 1985

Illinois Law In Distress: The Zone Of Danger And Physical Injury Rules In Emotional Distress Litigation, 19 J. Marshall L. Rev. 17 (1985), Edward A. Mccarthy

UIC Law Review

No abstract provided.

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Battling A Receding Tort Frontier: Constitutional Attacks On Medical Malpractice Laws, David Randolph Smith Jan 1985

Battling A Receding Tort Frontier: Constitutional Attacks On Medical Malpractice Laws, David Randolph Smith

Oklahoma Law Review

No abstract provided.

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Bivens Actions For Federal Employees In The Aftermath Of Bush V. Lucas: Which Remedies For Whom?, Barry F. Smith Jan 1985

Bivens Actions For Federal Employees In The Aftermath Of Bush V. Lucas: Which Remedies For Whom?, Barry F. Smith

University of Baltimore Law Review

The recognition of the Bivens-style action, or the constitutional tort, has been followed by the Supreme Court's recent assertion that these actions will be unavailable where Congress has established an elaborate remedial scheme that should not be augmented by a judicial remedy. The author of this article posits that this necessary limitation on Bivens actions may produce an ironic result in the area of public personnel. The author reasons that those employees whom Congress has determined warrant no statutory protection may be permitted to pursue more lucrative judicial remedies than those employees whom Congress has sought to protect. The author …

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Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt Jan 1985

Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt

Seattle University Law Review

The recognition of the wrongful birth and wrongful life causes of action by the Washington State Supreme Court is supported by both policy rationales and legal theories. Wrongful birth and wrongful life causes of action receive support from traditional tort principles and, more important, further public policy by deterring negligent genetic counseling and negligent preconception medical treatment. This Note describes the legal history of these claims and analyzes several issues not addressed by the Washington court. In addition, this Note criticizes a more recent decision by the court, which limits wrongful conception causes of action, because that decision conflicts with …

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The Design Defect Test In Washington: The Requisite Balance, Joshua J. Preece Jan 1985

The Design Defect Test In Washington: The Requisite Balance, Joshua J. Preece

Seattle University Law Review

This Comment examines Washington's application of the design defect consumer expectations test. Washington courts have been inconsistent during the recent transition in products liability law. A case in point is Conner v. Skagit Corp.," in which the plaintiff was allowed to proceed with a design defect cause of action while offering proof of only one factor from the consumer expectations test. Accordingly, this Comment suggests that design defect plaintiffs must offer proof of multiple factors that relate to the issue of defectiveness and reasonableness. This proposal will be discussed in light of regional and national products liability theory and …

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The German And British Roots Of American Workers' Compensation Systems: When Is An Intentional Act Intentional, Michael L. Perlin Jan 1985

The German And British Roots Of American Workers' Compensation Systems: When Is An Intentional Act Intentional, Michael L. Perlin

Articles & Chapters

No abstract provided.

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Surrogate Motherhood And Tort Liability: Will The New Reproductive Technologies Give Birth To A New Breed Of Prenatal Tort, Nancy Hansbrough Jan 1985

Surrogate Motherhood And Tort Liability: Will The New Reproductive Technologies Give Birth To A New Breed Of Prenatal Tort, Nancy Hansbrough

Cleveland State Law Review

It seems inevitable that new causes of action will evolve as more childless couples resort to the use of the new reproductive methodologies. The prenatal tort claims abounding in precedent today lay a firm foundation for the recognition of a new form of tort liability. This Note will first examine briefly the history of prenatal torts, and present the status of recovery today. The Note will then examine the history and current status of the doctrine of parent-child immunity in the United States. Concentrating on these two concepts, the nature of a tort claim by an injured child for prenatal …

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Allen V. The United States Of America: The “Substantial” Connection Between Nuclear Fallout And Cancer, Daniel Swartzman, Tom Christoffel Jan 1985

Allen V. The United States Of America: The “Substantial” Connection Between Nuclear Fallout And Cancer, Daniel Swartzman, Tom Christoffel

Touro Law Review

No abstract provided.

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Herskovits V. Group Health Cooperative: Negligent Creation Of A Substantial Risk Of Injury Is A Compensable Harm, Warner Miller Jan 1985

Herskovits V. Group Health Cooperative: Negligent Creation Of A Substantial Risk Of Injury Is A Compensable Harm, Warner Miller

Seattle University Law Review

This Note commends the Herskovits court for recognizing the loss of-a-chance claim as a legitimate cause of action. Chance interests are worthy of the protection of tort law. We can be statistically certain that the destruction of chance interests in survival results in actual losses. The burden of such losses should not fall exclusively on the victim, particularly when the interfering conduct of the wrongdoer has deprived the individual victim of the ability to know and prove with certainty the value of the lost chance. The burden of the loss can be shifted in an equitable manner to the negligent …

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Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc Jan 1985

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

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Liability Of Bail Bondsmen Under Section 1983 Jan 1985

Liability Of Bail Bondsmen Under Section 1983

Washington and Lee Law Review

No abstract provided.

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