Understanding Medical Records In The Twenty-First Century, 2017 Barry University School of Law
Understanding Medical Records In The Twenty-First Century, Samuel D. Hodge, Jr., Joanne Callahan
Barry Law Review
No abstract provided.
Pizarro-Ortega V. Cervantes-Lopez, 133 Nev. Adv. Op. 37 (June 22, 2017), 2017 Nevada Law Journal
Pizarro-Ortega V. Cervantes-Lopez, 133 Nev. Adv. Op. 37 (June 22, 2017), Andrew Hart
Nevada Supreme Court Summaries
The court held that future medical expenses are a category of damages to which NRCP 16.1(a)(1)(C)’s computation requirement applies, and that a plaintiff is not absolved of complying with NRCP 16.1(a)(1)(C) simply because the plaintiff’s treating physician has indicated in medical records that future medical care is necessary.
"Local Data" In European Choice Of Law: A Trojan Horse From Across The Atlantic?, 2017 Leuphana Law School
"Local Data" In European Choice Of Law: A Trojan Horse From Across The Atlantic?, T.W. Dornis
Georgia Journal of International & Comparative Law
No abstract provided.
Crime Spectators And The Tort Of Objectification, 2017 University of Massachusetts School of Law
Crime Spectators And The Tort Of Objectification, Amelia J. Uelmen
University of Massachusetts Law Review
Reports of how some bystanders interact with victims on the scene of an emergency are shocking. Instead of assisting or calling for help, these individuals take pictures or recordings of the victims on their cell phones. This Article concentrates on the question of whether such an interaction with a victim might in certain circumstances constitute a distinct and legally actionable harm. This Article proposes a new tort: exploitative objectification of a person in need of emergency assistance. It works to articulate the moral and legal foundations for an argument that treating a person in need of emergency assistance as an ...
The Original Source Of The Cause Of Action In Federal Courts: The Example Of The Alien Tort Statute, 2017 Notre Dame Law School
The Original Source Of The Cause Of Action In Federal Courts: The Example Of The Alien Tort Statute, Anthony J. Bellia, Bradford R. Clark
Anthony J. Bellia
Judges and scholars have long debated the legitimacy and contours of federal common law causes of action — actions created neither by Congress nor by state law. The question of federal judicial power to recognize federal common law causes of action arises in a range of contexts in the field of federal courts, including with respect to whether federal courts may recognize an implied right of action for the violation of a constitutional or statutory provision that does not specifically create one. Recently, the power of federal courts to recognize federal common law causes of action has emerged as a key ...
Arkansas, Meet Tarasoff: The Question Of Expanded Liability To Third Persons For Mental Health Professionals, 2017 University of Arkansas at Little Rock William H. Bowen School of Law
Arkansas, Meet Tarasoff: The Question Of Expanded Liability To Third Persons For Mental Health Professionals, J. Thomas Sullivan
No abstract provided.
Punitive Damages Revisited: A Statistical Analysis Of How Federal Circuit Courts Decide The Constitutionality Of Such Awards, 2017 Hokkaido University of Education
Punitive Damages Revisited: A Statistical Analysis Of How Federal Circuit Courts Decide The Constitutionality Of Such Awards, Hironari Momioka
Cleveland State Law Review
Using data from punitive damages decisions of U.S. federal circuit courts from 2004 to 2012, this paper attempts to establish empirically the following: (1) there is no apparent statistical difference between the levels of jury and judge awards; (2) U.S. Supreme Court decisions such as Philip Morris (2007) or Exxon (2008) do not actually or substantially affect the level of punitive damage awards; (3) with regard to the cases involving remittitur, or reduction of awards, the Exxon decision did not radically affect the decreasing ratio of punitive to compensatory damage awards; (4) as the levels of compensatory awards ...
Positive Externalities And The Economics Of Proximate Cause, 2017 Hebrew University of Jerusalem
Positive Externalities And The Economics Of Proximate Cause, Israel Gilead, Michael D. Green
Washington and Lee Law Review
No abstract provided.
Products Liability And The Internet Of (Insecure) Things: Should Manufacturers Be Liable For Damage Caused By Hacked Devices?, 2017 Electronic Privacy Information Center
Products Liability And The Internet Of (Insecure) Things: Should Manufacturers Be Liable For Damage Caused By Hacked Devices?, Alan Butler
University of Michigan Journal of Law Reform
While the application of products liability to insecure software is a frequently-discussed concept in academic literature, many commentators have been skeptical of the viability of such claims for several reasons. First, the economic loss doctrine bars recovery for productivity loss, business disruption, and other common damages caused by software defects. Second, the application of design defects principles to software is difficult given the complexity of the devices and recent tort reform trends that have limited liability. Third, the intervening cause of damage from insecure software is typically a criminal or tortious act by a third party, so principles of causation ...
Forty-Eight States Are Probably Not Wrong: An Argument For Modernizing Georgia’S Legal Malpractice Statute Of Limitations, 2017 Georgia State University College of Law
Forty-Eight States Are Probably Not Wrong: An Argument For Modernizing Georgia’S Legal Malpractice Statute Of Limitations, Ben Rosichan
Georgia State University Law Review
The legal profession is largely self-regulated, and each state has a bar association charged with creating and enforcing basic standards of professionalism and competence for attorneys. Unfortunately, attorneys do not always adhere to these standards. In Georgia, the State Bar can address attorney misconduct through remedial measures up to and including disbarment. The State Bar cannot, however, compensate wronged clients through monetary damages.Thus, some wronged clients must resort to a lawsuit for legal malpractice where a financial recovery is necessary to make the client whole again.
The statute of limitations for legal malpractice claims should not be so restrictive ...
The Anti-Deference Pro-Preemption Paradox At The U.S. Supreme Court: The Business Community Weighs In, Catherine M. Sharkey
New York University Law and Economics Working Papers
Two indicia of the Roberts Court’s alleged pro-business leanings are, first, its readiness to find state tort law preempted by federal law and, second, its skepticism toward Auer deference to federal agencies. But it is difficult to reconcile individual Justices’ — particularly those identified as part of the “conservative core” — pro-preemption positions and anti-Auer positions, and this tension suggests that the oft-advanced pro-business narrative warrants a closer look. The tension is on clearest display in drug preemption cases, where even the most anti-agency deference Justices readily defer to the Food and Drug Administration (FDA), particularly when the agency’s interpretation ...
Hurricanes, Fraud, And Insurance: The Supreme Court Weighs In On, But Does Not Wade Into, The Concurrent Causation Conundrum In State Farm Fire And Casualty Company V. Rigsby, Chris French
Christopher C. French
In the December 6, 2016 Supreme Court decision, State Farm v. Rigsby, a homeowner’s house was damaged by Hurricane Katrina. The homeowner had homeowners insurance with State Farm and a flood insurance policy that was administered by State Farm on behalf of the federal government. The claims adjusters assigned by State Farm to handle the homeowner’s claim allegedly were instructed by State Farm to misclassify wind damage as flood damage in order to shift State Farm’s own liability for the loss to the federal government. The claims handlers filed a lawsuit against State Farm under the False ...
Copyright Owners' Putative Interests In Privacy, Reputation, And Control: A Reply To Goold, 2017 Boston University School of Law
Copyright Owners' Putative Interests In Privacy, Reputation, And Control: A Reply To Goold, Wendy J. Gordon
In a recent article, Patrick Goold argues for five sub-torts to be recognized in copyright, including inter alia protections for privacy, reputation, and 'creative control.' See Patrick R. Goold, Unbundling the 'Tort' of Copyright Infringement, 102 VA. L. REV. 1833 (2016). He suggests that standards for both infringement and fair use might be profitably tailored to each sub-tort. In this Reply I explore Goold's arguments. I address issues such as: how copyright cases implicitly define cause-in-fact; potential relevance of the plagiarism/copyright distinction; and what implications (if any) for interpreting federal copyright law might flow from the statutory changes ...
Riparian Rights In A Polluted World: Property Right Or Tort?, 2017 Barry University School of Law
Riparian Rights In A Polluted World: Property Right Or Tort?, Daniel P. Fernandez
Barry Law Review
No abstract provided.
Toward The Search For The Proper Liability Rule For Harms Resulting From Sources Of Risk: A Different Approach To The Choice Between Strict Liability And Fault-Based Regime, 2017 Indiana University Maurer School of Law
Toward The Search For The Proper Liability Rule For Harms Resulting From Sources Of Risk: A Different Approach To The Choice Between Strict Liability And Fault-Based Regime, Wen-Hsuan Yang
Theses and Dissertations
An important issue in Taiwan today concerns the rising tension between strict liability and negligence. Article 191-3 of the Civil Code of Taiwan imposes a fault-based standard of liability on persons conducting dangerous activities. On the other hand, the majority of scholars believe that to afford greater protection, this rule should be changed into a strict liability rule.
Traditionally, three arguments make it preferable to impose strict liability under certain circumstances. First, strict liability induces more safety incentives on the part of the defendant. Second, fairness requires that one who benefits from conducting dangerous activities should bear the risk of ...
Leaders And Laggards: Tackling State Legislative Responses To The Youth Sports Concussion Epidemic, 2017 Fordham University School of Law
Leaders And Laggards: Tackling State Legislative Responses To The Youth Sports Concussion Epidemic, Chris Lau
Fordham Law Review
In 2009, state legislatures began to enact concussion safety laws to protect youth athletes suffering from traumatic brain injuries sustained during the course of play. By 2014, all fifty states and the District of Columbia had enacted some form of youth sports concussion legislation. Yet these statutes vary widely across states in terms of the protections offered to youth athletes. This Note provides an analysis of state legislation by classifying all fifty-one statutes among distinct tiers ranging from least to most protective.
Amendment Of The Abortion Law: Relevant Data And Judicial Opinion, 2017 Selected Works
Amendment Of The Abortion Law: Relevant Data And Judicial Opinion
No abstract provided.
‘Relational Privacy’ & Tort, 2017 College of William & Mary Law School
‘Relational Privacy’ & Tort, Stuart Hargreaves
William & Mary Journal of Race, Gender, and Social Justice
This Article argues that the current interpretation given to the four-part invasion of privacy framework by the courts is inadequate in the face of modern privacy challenges. In particular, it struggles with claims for privacy over public matters or other ‘non-secret’ matters that an individual may nonetheless have some ongoing privacy interest in. This Article suggests that this struggle is the result of the courts adopting a fixed, binary approach to privacy, which is itself grounded in a liberal-individualistic account of autonomy. While this may be a natural response to concerns about limiting the scope of the tort, it is ...
Obesity Prevention Policies At The Local Level: Tobacco's Lessons, 2017 University of Maine School of Law
Obesity Prevention Policies At The Local Level: Tobacco's Lessons, Paul A. Diller
Maine Law Review
For at least a decade, commentators have speculated that obesity is the next tobacco, a public health scourge that might nonetheless offer a gold mine to ambitious plaintiffs’ lawyers. Successful lawsuits, as in the tobacco context, might spur the food industry to reform its practices so as to help reduce the alarmingly high national obesity rate. The obesity narrative, however, has not played out accordingly to the same script as tobacco. Relatively quick action by most state legislatures immunized the food industry to tort lawsuits seeking obesity-related damages, and the scant judicial opinions on the issue have skeptically assessed plaintiffs ...
The Home-Field Disadvantage: Tort Liability And Immunity For Paid Physicians During Disasters Within The Pacific Northwest Emergency Management Arrangement Member States, 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.