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Recent Articles in Torts
Letting The Apes Run The Zoo: Using Tort Law To Provide Animals With A Legal Voice, Tania Rice 
Pepperdine University
Letting The Apes Run The Zoo: Using Tort Law To Provide Animals With A Legal Voice, Tania Rice
Pepperdine Law Review
Science is increasingly showing us that animals have many cognitive similarities with humans. In addition to calls for changes in our animal protection statutes, members of the legal community have begun debating over whether animals, or a certain category of animals, should be granted legal rights. This approach has the potential for drastic societal ramifications. David S. Favre has proposed a tort action for animals as a compromise to the animal rights debate. This Comment explores the different approaches to seeking improved conditions for animals, and proposes an adjusted tort cause of action in response to criticisms of Favre's ...
Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky 
Touro College Jacob D. Fuchsberg Law Center
Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky
Touro Law Review
Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.
Intimate Liability: Emotional Harm, Family Law, And Stereotyped Narratives In Interspousal Torts, Fernanda G. Nicola 
College of William & Mary Law School
Intimate Liability: Emotional Harm, Family Law, And Stereotyped Narratives In Interspousal Torts, Fernanda G. Nicola
William & Mary Journal of Women and the Law
Tort liability expanded in the twentieth century, a shift scholars generally attribute to the reorganization of tort law around the fault principle. In privileging compensation and deterrence, this reconfiguration ended various restrictions on liability, long viewed as arbitrary, including limits to the recovery for emotional harm and interspousal immunities. Tort and family law scholars alike portray the end of such immunities as a milestone for gender equality. Their elimination enables spouses and partners to secure compensation for emotional and physical abuse arising in intimate relationships. Yet, tort law is not operating in this way. On the contrary, by endorsing a ...
When Certainty Dissolves Into
Probability: A Legal Vision Of Toxic
Causation For The Post-Genomic Era, Steve C. Gold 
Washington & Lee University School of Law
When Certainty Dissolves Into Probability: A Legal Vision Of Toxic Causation For The Post-Genomic Era, Steve C. Gold
Washington and Lee Law Review
Proof of causation in toxic torts has presented persistent problems for the legal system, because the probabilities that science can know fit poorly with the demands for particularistic proof imposed by the law’s deterministic model of causation. Some scholars have hoped that genomic and molecular information will at last provide scientific certainty—definitive, individualized proof of toxic causation. This Article argues that the opposite is true. Scientific research will increasingly elucidate the ways in which environmental exposures and human genes interact to produce disease, but this deeper knowledge will extend rather than resolve the problem of causal indeterminacy in ...
Steed V. Imperial Airlines, Clay Plotkin Pepperdine University
The Battered Child Syndrome, Jerry A. Ramsey, Byron J. Lawler Pepperdine University
The Battered Child Syndrome, Jerry A. Ramsey, Byron J. Lawler
Pepperdine Law Review
No abstract provided.
The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr. Pepperdine University
The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr.
Pepperdine Law Review
No abstract provided.
Infant Pain And Suffering: The Valuation Dilemma, Peter N. Kalionzes Pepperdine University
Infant Pain And Suffering: The Valuation Dilemma, Peter N. Kalionzes
Pepperdine Law Review
No abstract provided.
Remedy For The Intentional Torts Of A Workmen's Compensation Carrier, Everett E. Demler Pepperdine University
Remedy For The Intentional Torts Of A Workmen's Compensation Carrier, Everett E. Demler
Pepperdine Law Review
No abstract provided.
Losing The Struggle To Define The Proper Balance Between The Law Of Defamation And The First Amendment - Gertz V. Robert Welch, Inc.: One Step Forward, Two Steps Back, Douglas B. Large, Kristopher Kallman Pepperdine University
Losing The Struggle To Define The Proper Balance Between The Law Of Defamation And The First Amendment - Gertz V. Robert Welch, Inc.: One Step Forward, Two Steps Back, Douglas B. Large, Kristopher Kallman
Pepperdine Law Review
No abstract provided.
The Landlord's Tort Liability For Injuries Caused By Defects Upon The Demised Premises , Michael K. McKibbin Pepperdine University
The Landlord's Tort Liability For Injuries Caused By Defects Upon The Demised Premises , Michael K. Mckibbin
Pepperdine Law Review
No abstract provided.
California's Response For Wrongful Death Of A Stillborn Fetus: Justus V. Atchison, Phyllis A. Dow Pepperdine University
California's Response For Wrongful Death Of A Stillborn Fetus: Justus V. Atchison, Phyllis A. Dow
Pepperdine Law Review
No abstract provided.
Management's Right To Resort To Injunctive Relief And Self-Help In Order To Prevent Trespassory Union Activity: An Examination Of May Department Stores Co. V. Teamsters Union Local No. 743, Frank J. D'Oro Jr Pepperdine University
Management's Right To Resort To Injunctive Relief And Self-Help In Order To Prevent Trespassory Union Activity: An Examination Of May Department Stores Co. V. Teamsters Union Local No. 743, Frank J. D'Oro Jr
Pepperdine Law Review
No abstract provided.
Emergence Of The "Tender Years" Doctrine: Too Young To Drink, But Capable Of Escaping The Civil Consequences?, William R. Slomanson Pepperdine University
Emergence Of The "Tender Years" Doctrine: Too Young To Drink, But Capable Of Escaping The Civil Consequences?, William R. Slomanson
Pepperdine Law Review
No abstract provided.
Head In The Clouds, Feet Firmly Grounded In Physical Proof: Emphasis On The Tangible In Actions Against Internet Search Engines And Aggregators, Briehan Moran 
Seton Hall Law
Head In The Clouds, Feet Firmly Grounded In Physical Proof: Emphasis On The Tangible In Actions Against Internet Search Engines And Aggregators, Briehan Moran
Student Scholarship
No abstract provided.
Workers' Compensation: Alternatives Are Limited, Irvin Stander Pepperdine University
Workers' Compensation: Alternatives Are Limited, Irvin Stander
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Managed Care Grievance Procedures: The Dilemma And The Cure , Joyce Krutick Craig Pepperdine University
Managed Care Grievance Procedures: The Dilemma And The Cure , Joyce Krutick Craig
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The September 11th Victim Compensation Fund Of 2001: A Better Alternative To Litigation?, Wendy Floering Pepperdine University
The September 11th Victim Compensation Fund Of 2001: A Better Alternative To Litigation?, Wendy Floering
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Finding Fault?: Exploring Legal Duties To Return Incidental Findings In Genomic Research, Elizabeth R. Pike, Karen H. Rothenberg, Benjamin E. Berkman 
University of Maryland Francis King Carey School of Law
Finding Fault?: Exploring Legal Duties To Return Incidental Findings In Genomic Research, Elizabeth R. Pike, Karen H. Rothenberg, Benjamin E. Berkman
Faculty Scholarship
The use of whole genome sequencing in biomedical research is expected to produce dramatic advances in human health. The increasing use of this powerful, data-rich new technology in research, however, will inevitably give rise to incidental findings (IFs), findings with individual health or reproductive significance that are beyond the aims of the particular research, and the related questions of whether and to what extent researchers have an ethical obligation to return IFs. Many have concluded that researchers have an ethical obligation to return some findings in some circumstances, but have provided vague or context-dependent approaches to determining which IFs must ...
Showing On-Field Racism The Red Card: How The Use Of Tort Law And Vicarious Liability Can Save The Mls From Joining The English Premier League On Racism Row, Joseph B. Kenney 
Villanova University School of Law
Showing On-Field Racism The Red Card: How The Use Of Tort Law And Vicarious Liability Can Save The Mls From Joining The English Premier League On Racism Row, Joseph B. Kenney
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Popular Institutions
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College of William & Mary Law School
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Popular Articles
When Is A Teacher Or School Liable In Negligence?
Doctors, Apologies, And The Law: An Analysis And Critique Of Apology Laws, Marlynn Wei
Absolute Immunity From Civil Liability: Lessons For Litigation Lawyers
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Fundamentos Del Derecho Procesal Civil
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A Pothole On The Information Superhighway: Bbs Operator Liability For Defamatory Statements
Wrongful Dishonor Of A Check: Payor Bank's Liability Under Section 4-402
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