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Re-Examining Reasonableness: Negligence Liability In Adult Defendants With Cognitive Disabilities, Johnny Criscoe, Lisa Lukasik 2016 Campbell University School of Law

Re-Examining Reasonableness: Negligence Liability In Adult Defendants With Cognitive Disabilities, Johnny Criscoe, Lisa Lukasik

Lisa Lukasik

No abstract provided.


States Vs. Fda, Catherine M. Sharkey 2016 NYU School of Law

States Vs. Fda, Catherine M. Sharkey

New York University Law and Economics Working Papers

In the United States, food and drug safety is regulated in two ways: a stringent ex ante, national regime led by the Food and Drug Administration (“FDA”) and a robust ex post system of state-law enforcement. This federalist structure, operating on dual regulatory levels, sets the stage for synergy and for conflict.

Two recent high-profile preemption lawsuits showcase a novel dimension of the dual regulatory structure: the role of states as competing and/or complementary actors vis-à-vis the FDA in regulating food and drug safety. In Zogenix, Inc. v. Patrick, a federal district court enjoined the Massachusetts government from enacting ...


The Bp Oil Spill Settlements, Classwide Punitive Damages, And Societal Deterrence, Catherine M. Sharkey 2016 NYU School of Law

The Bp Oil Spill Settlements, Classwide Punitive Damages, And Societal Deterrence, Catherine M. Sharkey

New York University Law and Economics Working Papers

The BP oil spill litigation and subsequent settlements provide an opportunity to explore a novel societal economic deterrence rationale for classwide supra-compensatory damages. Judge Jack Weinstein was a pioneer in the field of punitive damages class certification. In In re Simon II, he certified a nationwide punitive-damages-only class in a multijurisdiction, multidefendant tobacco lawsuit. Using Judge Weinstein’s innovations in In re Simon II as an analytical lens, the Article evaluates the future prospects for classwide punitive damages claims.

Specifically, the Article considers how private litigants might adopt a societal damages approach in negotiating and achieving class action settlements. Class ...


States Vs. Fda, Catherine M. Sharkey 2016 NYU School of Law

States Vs. Fda, Catherine M. Sharkey

New York University Public Law and Legal Theory Working Papers

In the United States, food and drug safety is regulated in two ways: a stringent ex ante, national regime led by the Food and Drug Administration (“FDA”) and a robust ex post system of state-law enforcement. This federalist structure, operating on dual regulatory levels, sets the stage for synergy and for conflict.

Two recent high-profile preemption lawsuits showcase a novel dimension of the dual regulatory structure: the role of states as competing and/or complementary actors vis-à-vis the FDA in regulating food and drug safety. In Zogenix, Inc. v. Patrick, a federal district court enjoined the Massachusetts government from enacting ...


Distribution To Undo Excess: The Ninth Circuit Looks To An Equitable Approach To Apportion The Costs Of Environmental Cleanup In Ameripride Services Inc. V. Texas Eastern Overseas Inc., Sean A. Feener 2016 Boston College Law School

Distribution To Undo Excess: The Ninth Circuit Looks To An Equitable Approach To Apportion The Costs Of Environmental Cleanup In Ameripride Services Inc. V. Texas Eastern Overseas Inc., Sean A. Feener

Boston College Law Review

On April 2, 2015, in AmeriPride Services Inc. v. Texas Eastern Overseas Inc., the U.S. Court of Appeals for the Ninth Circuit joined the U.S. Court of Appeals for the First Circuit in holding that district courts are not bound to a single method of distributing response costs in contribution actions under § 9613(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). The First and Ninth Circuits have held that courts may allocate such costs according to the most equitable method as long as it is consistent with the language and the purposes of CERCLA. The ...


The Treatment For Malpractice – Physician, Enhance Thyself: The Impact Of Neuroenhancements For Medical Malpractice, Harvey L. Fiser 2016 Else School of Management, Milsaps College

The Treatment For Malpractice – Physician, Enhance Thyself: The Impact Of Neuroenhancements For Medical Malpractice, Harvey L. Fiser

Pace Law Review

This article will introduce some of the issues and offer some possible guidelines which may eventually guide cases of medical malpractice and medical care in the face of neurointerventions. First, I will briefly address the standard of care in medical malpractice cases in general. Second, I will discuss some of the existing and potential physical and neurological enhancements available for physicians. Finally, I will explore how these neurointerventions could alter the standards for medical malpractice for both the enhanced doctors and the entire medical profession.


Newsroom: Goldstein On Fossil Fuel Fraud Liability 04-12-2016, Edward Fitzpatrick, Roger Williams University School of Law 2016 Providence Journal

Newsroom: Goldstein On Fossil Fuel Fraud Liability 04-12-2016, Edward Fitzpatrick, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


A Tort Report: Christ V. Exxon Mobil And The Extension Of The Discovery Rule To Third-Party Representatives Of Decedents In Wrongful Death And Survival Suits, Jeremy McManus 2016 Boston College Law School

A Tort Report: Christ V. Exxon Mobil And The Extension Of The Discovery Rule To Third-Party Representatives Of Decedents In Wrongful Death And Survival Suits, Jeremy Mcmanus

Boston College Journal of Law & Social Justice

On June 23, 2015, the Wisconsin Supreme Court allowed representatives of deceased employees of a tire manufacturing facility to use the “discovery rule” to extend the statute of limitations for their wrongful death and survival suits associated with the decedents’ forced benzene exposure at the facility, provided they could show the information necessary for making their claims had not been available upon diligent effort within the statute’s timeframe. The majority reasoned that public policy is in favor of allowing meritorious claims to be heard, there is no significant difference between direct victims and representatives to render an extension untenable ...


The Cost Of Raising A Killer -- Parental Liability For The Parents Of Adult Mass Murderers, Shaundra K. Lewis 2016 Villanova University Charles Widger School of Law

The Cost Of Raising A Killer -- Parental Liability For The Parents Of Adult Mass Murderers, Shaundra K. Lewis

Villanova Law Review

No abstract provided.


Where Kafka Reigns: A Call For Metamorphosis In Unlawful Detainer Law, John Campbell 2016 University of Denver Sturm College of Law

Where Kafka Reigns: A Call For Metamorphosis In Unlawful Detainer Law, John Campbell

University of Michigan Journal of Law Reform

This story reflects a new reality in which nonjudicial foreclosure, combined with draconian unlawful detainer laws, concretizes the injuries associated with wrongful foreclosure, degrades the perceived legitimacy of the courts, and suppresses valid claims of wrongful foreclosure. Indeed, this very scenario happens regularly in a variety of states. This story is a very real tale of how homeowners are harmed by a foreclosure process that has largely escaped scholarly review. Rooted in the belief that sunshine is a powerful disinfectant, this Article aims to shed light on states that hogtie homeowners and makes a normative argument that such a process ...


Three Problems (And Two Solutions) In The Law Of Partnership Formation, Shawn Bayern 2016 Florida State University College of Law

Three Problems (And Two Solutions) In The Law Of Partnership Formation, Shawn Bayern

University of Michigan Journal of Law Reform

This Article considers several foundational questions concerning the formation of general partnerships, a topic that has received little modern attention and that is governed largely by classical axioms rather than adaptive modern considerations. Its three main topics concern (1) the timing of partnership formation, (2) the aggregation of multiple distinct questions under the single heading of “partnership formation,” and (3) the rarely challenged proposition that general partners ought to be liable for partnership obligations, a doctrine that is surprisingly at odds with the rest of modern business-entity law.


Military Mothers And Claims Under The Federal Tort Claims Act For Injuries That Occur Pre-Birth, Tara Willke 2016 Duquesne University School of Law

Military Mothers And Claims Under The Federal Tort Claims Act For Injuries That Occur Pre-Birth, Tara Willke

Notre Dame Law Review Online

In order to right a longstanding wrong perpetrated against military mothers and their children, the Court should grant review in Ortiz v. United States ex rel. Evans Army Community Hospital. Part I of this Essay provides a brief discussion of the FTCA and the Feres doctrine. Part II discusses the facts and holding in Ortiz and its rejection of the approaches taken in other circuits involving pregnant service members and pre-birth injuries, which has caused a clear split in the circuits. Part III argues that these types of claims are not subject to the Feres doctrine because pregnancy and injuries ...


To Touch And Concern The United States With Sufficient Force: How American Due Process And Choice Of Law Cases Inform The Reach Of The Alien Tort Statute After Kiobel, Karima Tawfik 2016 University of Michigan Law School

To Touch And Concern The United States With Sufficient Force: How American Due Process And Choice Of Law Cases Inform The Reach Of The Alien Tort Statute After Kiobel, Karima Tawfik

Michigan Journal of International Law

This Note explores the post-Kiobel ATS cases and argues that the Fourth Circuit’s approach to considering claims that manifest a close connection to the United States as potentially entitling the plaintiff to relief under the ATS is preferable to approaches that categorically bar claims when the alleged conduct has occurred abroad. Part I describes the Kiobel decision in more depth and the subsequent ATS case law to outline the contours of recent circuit cases. Part II demonstrates how domestic personal jurisdiction and choice of law principles weigh in favor of a more expansive reading of the ATS, as ...


The Emergence And Doctrinal Development Of Tort Law, 1870–1930, G. Edward White 2016 University of St. Thomas, Minnesota

The Emergence And Doctrinal Development Of Tort Law, 1870–1930, G. Edward White

University of St. Thomas Law Journal

No abstract provided.


At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits, Jarod S. Gonzalez 2016 The Catholic University of America, Columbus School of Law

At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits, Jarod S. Gonzalez

Catholic University Law Review

Reviewing the intersection of a religious organization’s right to select employees based on their goals and mission and modern employment law, this article argues that the analysis of the ministerial exception will depend on the type of suit brought. Specifically, the Article identifies five analytical categories: (1) employment discrimination/employment retaliation claims; (2) breach of employment contract claims; (3) whistleblower claims; (4) tort claims; and (5) miscellaneous claims.

The Article begins by describing the ministerial exception and ecclesiastical abstention doctrines that exist under the First Amendment through the lens of the Supreme Court’s decision in Hosanna-Tabor Evangelical Lutheran ...


Newsroom: Can Court 'Restore Fundamental Liberties'? 03-23-2016, Sheldon Whitehouse, David A. Logan 2016 Roger Williams University School of Law

Newsroom: Can Court 'Restore Fundamental Liberties'? 03-23-2016, Sheldon Whitehouse, David A. Logan

Life of the Law School (1993- )

No abstract provided.


Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post 2016 Touro Law School

Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post

Touro Law Review

No abstract provided.


Preface To The Gateway Thread, Deborah Post 2016 Touro Law School

Preface To The Gateway Thread, Deborah Post

Touro Law Review

No abstract provided.


Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh 2016 Touro College Jacob D. Fuchsberg Law Center

Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh

Touro Law Review

No abstract provided.


Cognition And Common Sense In Contract Law, Beverly Horsburgh, Andrew Cappel 2016 Touro College Jacob D. Fuchsberg Law Center

Cognition And Common Sense In Contract Law, Beverly Horsburgh, Andrew Cappel

Touro Law Review

No abstract provided.


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