Open Access. Powered by Scholars. Published by Universities.®

Torts Commons

Open Access. Powered by Scholars. Published by Universities.®

5583 Full-Text Articles 3589 Authors 2369440 Downloads 124 Institutions

All Articles in Torts

Faceted Search

5583 full-text articles. Page 5 of 99.

The Home-Field Disadvantage: Tort Liability And Immunity For Paid Physicians During Disasters Within The Pacific Northwest Emergency Management Arrangement Member States, Stephen Seely 2017 Seattle University School of Law

The Home-Field Disadvantage: Tort Liability And Immunity For Paid Physicians During Disasters Within The Pacific Northwest Emergency Management Arrangement Member States, Stephen Seely

Seattle University Law Review

This Note identifies how the Pacific Northwest Emergency Management Arrangement member states of Alaska, Idaho, Oregon, and Washington apply tort liability and immunity to medical professionals during times of disaster. This Note also identifies an example statutory scheme that, if enacted, will provide equal protection to all physicians who provide care to disaster victims, regardless of their local or out-of-state status.


Conceptualizing The Intentional Torts, Mark A. Geistfeld 2017 New York University School of Law

Conceptualizing The Intentional Torts, Mark A. Geistfeld

New York University Law and Economics Working Papers

According to the most recent draft of the Restatement (Third) of Torts: Intentional Torts to Persons, the intentional torts protect the rightholder’s interests differently from negligence-based rules and strict liability, placing them into a distinct substantive category. This conceptualization, however, does not provide courts with adequate guidance on how to formulate the element of intent. Different formulations can protect the rightholder’s interests differently from negligence and strict liability, so something else must determine the appropriate way to formulate the element of intent.

The draft Restatement’s reasoning can be easily extended to provide a more useful conceptualization of ...


Conceptualizing The Intentional Torts, Mark A. Geistfeld 2017 NYU School of Law

Conceptualizing The Intentional Torts, Mark A. Geistfeld

New York University Public Law and Legal Theory Working Papers

According to the most recent draft of the Restatement (Third) of Torts: Intentional Torts to Persons, the intentional torts protect the rightholder’s interests differently from negligence-based rules and strict liability, placing them into a distinct substantive category. This conceptualization, however, does not provide courts with adequate guidance on how to formulate the element of intent. Different formulations can protect the rightholder’s interests differently from negligence and strict liability, so something else must determine the appropriate way to formulate the element of intent.

The draft Restatement’s reasoning can be easily extended to provide a more useful conceptualization of ...


Private Rights And Private Wrongs, Andrew S. Gold 2017 DePaul University College of Law

Private Rights And Private Wrongs, Andrew S. Gold

Michigan Law Review

Review of Private Wrongs by Arthur Ripstein.


Mass Torts And The Pursuit Of Ethical Finality, Lynn A. Baker 2017 University of Texas Law School

Mass Torts And The Pursuit Of Ethical Finality, Lynn A. Baker

Fordham Law Review

Judges, lawyers, and academics largely agree that comprehensive finality is a central goal of mass tort litigation and settlements. More controversial is whether such finality is normatively preferable, inherently ethically problematic, or can be achieved through nonclass aggregate settlements without running afoul of the existing ethics rules. This Article joins this important debate.


A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney 2017 Texas A&M University School of Law

A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney

Fordham Law Review

Using this broad connotation of justice, this Article questions whether many victims of legal malpractice are denied access to justice. In writing about the regulatory function of legal malpractice as a tort, Professor John Leubsdorf argues that legal malpractice relates to three important functions of the law of lawyering: “[D]elineating the duties of lawyers, creating appropriate incentives and disincentives for lawyers in their dealings with clients and others, and providing access to remedies for those injured by improper lawyer behavior.” Arguably, persons injured by lawyer misconduct are denied access to justice if our civil liability system does not provide ...


Mass Torts And The Pursuit Of Ethical Finality, Lynn A. Baker 2017 University of Texas Law School

Mass Torts And The Pursuit Of Ethical Finality, Lynn A. Baker

Fordham Law Review

Judges, lawyers, and academics largely agree that comprehensive finality is a central goal of mass tort litigation and settlements. More controversial is whether such finality is normatively preferable, inherently ethically problematic, or can be achieved through nonclass aggregate settlements without running afoul of the existing ethics rules. This Article joins this important debate.


A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney 2017 Texas A&M University School of Law

A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney

Fordham Law Review

Using this broad connotation of justice, this Article questions whether many victims of legal malpractice are denied access to justice. In writing about the regulatory function of legal malpractice as a tort, Professor John Leubsdorf argues that legal malpractice relates to three important functions of the law of lawyering: “[D]elineating the duties of lawyers, creating appropriate incentives and disincentives for lawyers in their dealings with clients and others, and providing access to remedies for those injured by improper lawyer behavior.” Arguably, persons injured by lawyer misconduct are denied access to justice if our civil liability system does not provide ...


The Domain Of Torts, Alex Stein 2017 alex.stein@brooklaw.edu

The Domain Of Torts, Alex Stein

Faculty Scholarship

No abstract provided.


La Familia Y La Responsabilidad Civil. Reflexiones Personales A Propósito De La Presentación De Un Libro, Mario Castillo Freyre 2017 Pontificia Universidad Catolica del Peru

La Familia Y La Responsabilidad Civil. Reflexiones Personales A Propósito De La Presentación De Un Libro, Mario Castillo Freyre

Marco Andrei Torres Maldonado

El autor, con motivo de la presentación del libro La responsabilidad en el Derecho de Familia. Daños derivados de las relaciones familiares de Marco Torres Maldonado, hace una presentación crítica de dicha obra, resaltando las virtudes y la complejidad de la materia abordada. En ese sentido, temas como la indemnización por ruptura de esponsales, por los daños derivados de la administración de una sociedad conyugal, por el divorcio y por el nacimiento defectuoso de un ser humano son comentados agudamente por el jurista nacional, quien resalta la importancia de estudiar estos tópicos de cara a una actitud holística.


Developing Exposure-Based Preconception Tort Liability: A Scientific Challenge To Traditional Tort Concepts, Nicholas P. Putz 2017 The Catholic University of America, Columbus School of Law

Developing Exposure-Based Preconception Tort Liability: A Scientific Challenge To Traditional Tort Concepts, Nicholas P. Putz

Catholic University Law Review

With all of the recent advances in science and technology, humans are being exposed to many new and complex substances for the first time. Such exposure has led to an array of medical complications, ranging from cancer to physical deformity. However, simultaneous advances in other areas of science and technology are, for the first time, beginning to provide humans with the tools to pinpoint the causes of disease. Unfortunately, a sufficient causal diagnosis in the medical field does not directly translate to an actionable harm in the U.S. legal system. In particular, injuries that may have resulted from prior ...


Rape On The Washington Southern: The Tragic Case Of Hines V. Garrett, Michael I. Krauss 2017 The Catholic University of America, Columbus School of Law

Rape On The Washington Southern: The Tragic Case Of Hines V. Garrett, Michael I. Krauss

Catholic University Law Review

In 1919, Ms. Julia May Garret, a young Virginian woman, was brutally raped by two different men as she was walking home after the Washington Southern Railway failed to stop at her designated station. What followed was a legal battle that created precedent still discussed in American casebooks today. Although most case law recognizes that the criminal acts of third parties severs liability because such conduct is considered unforeseeable, Hines v. Garrett held that the harm Ms. Garrett suffered was within the risk created by the railroad’s negligence, and as a common carrier, the railroad owed her a duty ...


Keep Out! The Efficacy Of Trespass, Nuisance And Privacy Torts As Applied To Drones, Hillary B. Farber 2017 University of Massachusetts School of Law

Keep Out! The Efficacy Of Trespass, Nuisance And Privacy Torts As Applied To Drones, Hillary B. Farber

Georgia State University Law Review

A few years ago one might have seen a small object flying overhead without any idea what it could be. Today, it is fairly commonplace to see drones flying around our neighborhood skies. The Federal Aviation Administration (FAA) predicts there will be seven million drones populating our skies by 2020. In 2015 hobbyists, recreational users, and commercial businesses purchased unmanned aerial vehicles, commonly referred to as drones, in record-breaking numbers. Estimates reveal that over 4.3 million drones were sold worldwide in 2015. Trade industry experts predicted that more than 2.8 million drones would be sold in the U ...


Having An Affair May Shorten Your Life: The Ashley Madison Suicides, Sakinah N. Jones 2017 Georgia State University College of Law

Having An Affair May Shorten Your Life: The Ashley Madison Suicides, Sakinah N. Jones

Georgia State University Law Review

Ashley Madison is an online dating service originally designed for people in committed relationships who want to cheat on their partners. In 2015, the website claimed to be “100% discreet.” Ashley Madison’s FAQs promised that its users would never compromise their “safety, privacy or security” and would never have to reveal their identities unless they chose to.

Ashley Madison’s concept attracted over forty million ostensibly anonymous members to its site. In July 2015, a group calling itself The Impact Team (Impact) hacked into Ashley Madison’s parent company, Avid Life Media, Inc. (Avid Life), breaching its security walls ...


Disability Rights In The Age Of Uber: Applying The Americans With Disabilities Act Of 1990 To Transportation Network Companies, Rachel Reed 2017 Georgia State University College of Law

Disability Rights In The Age Of Uber: Applying The Americans With Disabilities Act Of 1990 To Transportation Network Companies, Rachel Reed

Georgia State University Law Review

Within the past year, individual plaintiffs and disability rights organizations have initiated a number of lawsuits against Uber, and similar companies like Lyft, alleging violations of Title III of the Americans with Disabilities Act of 1990 (Title III). In each of these cases, the plaintiffs’ success turns on affirmatively answering one significant threshold question: Whether Uber, or a similar entity, falls within the scope of Title III. Traditional taxi companies fall squarely within the Americans with Disabilities Act of 1990’s (ADA) coverage under 42 U.S.C. § 12184 (§ 12184), which governs private companies that provide transportation services. Given the ...


Trial And Error: Legislating Adr For Medical Malpractice Reform, Lydia Nussbaum 2017 University of Maryland Francis King Carey School of Law

Trial And Error: Legislating Adr For Medical Malpractice Reform, Lydia Nussbaum

Maryland Law Review

The U.S. healthcare system has a problem: hundreds of thousands of people die each year, and over a million are injured, by medical mistakes that could have been avoided. Furthermore, over ninety percent of these patients and their families never learn of the errors or receive redress. This problem persists, despite myriad reforms to the medical malpractice system, because of lawmakers’ dominant focus on reducing providers’ liability insurance costs. Reform objectives are beginning to change, however, and the vehicle for implementing these changes is alternative dispute resolution (“ADR”). Historically, legislatures deployed ADR to curb malpractice litigation and restrict patients ...


Simmons V. Briones, 133 Nev. Adv. Op. 9, Annie Avery 2017 Nevada Law Journal

Simmons V. Briones, 133 Nev. Adv. Op. 9, Annie Avery

Nevada Supreme Court Summaries

A judgment for penalty attorney fees and costs against a driver in an action that arises out of a motor vehicle accident is not a “judgment . . . upon a cause of action” arising out of the use of a motor vehicle such that its nonpayment may result in the suspension of driving privileges under NRS § 485.302.


Retaliatory Rico And The Puzzle Of Fraudulent Claiming, Nora Freeman Engstrom 2017 Stanford Law School

Retaliatory Rico And The Puzzle Of Fraudulent Claiming, Nora Freeman Engstrom

Michigan Law Review

Over the past century, the allegation that the tort liability system incentivizes legal extortion and is chock-full of fraudulent claims has dominated public discussion and prompted lawmakers to ever-more-creatively curtail individuals’ incentives and opportunities to seek redress. Unsatisfied with these conventional efforts, in recent years, at least a dozen corporate defendants have “discovered” a new fraud-fighting tool. They’ve started filing retaliatory RICO suits against plaintiffs and their lawyers and experts, alleging that the initiation of certain non meritorious litigation constitutes racketeering activity— while tort reform advocates have applauded these efforts and exhorted more “courageous” companies to follow suit. Curiously ...


Carpooling Liability?: Applying Tort Law Principles To The Joint Emergence Of Self-Driving Automobiles And Transportation Network Companies, Jacob D. Walpert 2017 Fordham University School of Law

Carpooling Liability?: Applying Tort Law Principles To The Joint Emergence Of Self-Driving Automobiles And Transportation Network Companies, Jacob D. Walpert

Fordham Law Review

Self-driving automobiles have emerged as the future of vehicular travel, but this innovation is not developing in isolation. Simultaneously, the popularity of transportation network companies functioning as ride-hailing and ride-sharing services have altered traditional conceptions of personal transportation. Technology companies, conventional automakers, and start-up businesses each play significant roles in fundamentally transforming transportation methods. These transformations raise numerous liability questions. Specifically, the emergence of self-driving vehicles and transportation network companies create uncertainty for the application of tort law’s negligence standard. This Note addresses technological innovations in vehicular transportation and their accompanying legislative and regulatory developments. Then, this Note discusses ...


Compensatory Damages Granted In Personal Injuries: Supplementing Islamic Jurisprudence With Elements Of Common Law, Majed Alshaibani 2017 Indiana University Maurer School of Law

Compensatory Damages Granted In Personal Injuries: Supplementing Islamic Jurisprudence With Elements Of Common Law, Majed Alshaibani

Theses and Dissertations

This dissertation discusses the types of compensatory damages, monetary and non-monetary losses, granted in Saudi Arabian personal injury cases. The main issue of this paper is to determine the missing types of monetary and nonmonetary losses when estimating compensation, thereby unjustly leaving injured parties without fair compensation. The problem of this study is that some victims do not get compensation personal injuries claims, such as loss of wages, lost earning capacity, and emotional distress. This is due to many reasons. One of the most obvious reasons is the absence of clearly written personal injuries statutes that cover all types of ...


Digital Commons powered by bepress