Alter Rules Of Liability,
2014
Georgia State University College of Law
Carriage Of Hazardous Cargoes By Sea - The Hns Convention,
2014
Abo Akedemi University, Finland
Carriage Of Hazardous Cargoes By Sea - The Hns Convention, Peter Wetterstein
Georgia Journal of International & Comparative Law
No abstract provided.
Port State Control: Strong Medicine To Cure A Sick Industry,
2014
University of Cape Town
Port State Control: Strong Medicine To Cure A Sick Industry, John Hare
Georgia Journal of International & Comparative Law
No abstract provided.
Exclusivity Of The Warsaw Convention's Cause Of Action: The U.S. Supreme Court Removes Some Of The Expansive Views Foundations In Zicherman V. Korean Air Lines Co. Ltd.,
2014
University of Georgia School of Law
Exclusivity Of The Warsaw Convention's Cause Of Action: The U.S. Supreme Court Removes Some Of The Expansive Views Foundations In Zicherman V. Korean Air Lines Co. Ltd., Brian S. Tatum
Georgia Journal of International & Comparative Law
No abstract provided.
Yamaha V. Calhoun: The Supreme Court Allows State Remedies In Certain Wrongful Death Cases In Admiralty,
2014
University of Georgia School of Law
Yamaha V. Calhoun: The Supreme Court Allows State Remedies In Certain Wrongful Death Cases In Admiralty, Nicolas R. Foster
Georgia Journal of International & Comparative Law
No abstract provided.
Toward Healing And Restoration For All: Reframing Medical Malpractice Reform,
2014
Georgia State University College of Law
Toward Healing And Restoration For All: Reframing Medical Malpractice Reform, Jonathan Todres
Jonathan Todres
The medical malpractice liability system is blamed for everything from the high cost of health care to quality assurance issues. This Article suggests that that one of the problems with the current approach to medical malpractice is that legal remedies for medical error are not viewed as part of the continuum of care. Thus, a new model - driven by the principle of care and the goal of healing - is needed to address medical errors more effectively. Building from these core principles of care and healing, the author develops a new healing-centered framework which provides a better assessment of …
Who's The Boss? Unmasking Oversight Liability Within The Corporate Power Puzzle,
2014
Georgia State University College of Law
Who's The Boss? Unmasking Oversight Liability Within The Corporate Power Puzzle, Anne Tucker
Anne Tucker
This article explores the competing interests between director authority and accountability within the doctrinal developments underpinning the arguments for and against director oversight liability. The historic losses suffered by companies entangled in the web of subprime mortgages, collateralized debt holdings, and the ensuing credit crisis have brought the role of corporate directors as risk managers under renewed public scrutiny. Directors' authority and their accountability to shareholders are two critical pieces to striking the appropriate balance among the roles, rights, and responsibilities of directors, officers, shareholders, and other corporate constituencies who operate within the corporate power puzzle. Numerous shareholder derivative suits …
Arkansas' New Choice-Of-Law Rule Of Interstate Torts: A Critique Of Wallis, Williams And The "Better Rule Of Law",
2014
Georgia State University College of Law
Arkansas' New Choice-Of-Law Rule Of Interstate Torts: A Critique Of Wallis, Williams And The "Better Rule Of Law", L. Lynn Hogue
L. Lynn Hogue
No abstract provided.
Schlemmer V. Fireman's Fund Insurance Co.: A Case For Rethinking Arkansas' Choice-Of-Law Rule For Interstate Torts,
2014
Georgia State University College of Law
Schlemmer V. Fireman's Fund Insurance Co.: A Case For Rethinking Arkansas' Choice-Of-Law Rule For Interstate Torts, L. Lynn Hogue
L. Lynn Hogue
No abstract provided.
Cgmp Violations Should Not Be Used As A Basis For Fca Actions Absent Fraud,
2014
Seattle University School of Law
Cgmp Violations Should Not Be Used As A Basis For Fca Actions Absent Fraud, Kyle Faget
Seattle University Law Review
Since Congress amended the False Claims Act (FCA) in 1986, the statute has evolved into a seemingly boundless weapon for enforcing other statutes and regulations applicable to every industry that accepts any form of government funding. Use of the FCA by the Department of Justice (DOJ) and by private citizens bringing actions on behalf of the U.S. government to enforce other statutes and regulations is particularly evident in the field of health care. The FCA has been utilized in actions where the allegations include off-label promotion of drugs, kickbacks, and violations of current good manufacturing practices (cGMPs) by linking the …
Fantasy Sports And The Right Of Publicity Are Under Further Review,
2014
Touro University Jacob D. Fuchsberg Law Center
Fantasy Sports And The Right Of Publicity Are Under Further Review, Christopher Miner
Touro Law Review
No abstract provided.
The International Air Transportation Association's Attempt To Modify International Air Disaster Liability: An Admirable Effort With An Impossible Goal,
2014
University of Georgia School of Law
The International Air Transportation Association's Attempt To Modify International Air Disaster Liability: An Admirable Effort With An Impossible Goal, Jonathan L. Neville
Georgia Journal of International & Comparative Law
No abstract provided.
"Mad Plaintiff Disease?" Tobacco Litigation And The British Debate Over Adoption Of U.S.-Style Tort Litigation Methods,
2014
University of Georgia School of Law
"Mad Plaintiff Disease?" Tobacco Litigation And The British Debate Over Adoption Of U.S.-Style Tort Litigation Methods, Kristen Gartman Rogers
Georgia Journal of International & Comparative Law
No abstract provided.
Adjudication Of International Human Rights Claims In The European Court Of Human Rights And The Inter-American Court Of Human Rights: Why Atca Suits In U.S. Courts Are The Better Alternative For Claims Against American Multinational Corporations,
2014
University of Georgia School of Law
Adjudication Of International Human Rights Claims In The European Court Of Human Rights And The Inter-American Court Of Human Rights: Why Atca Suits In U.S. Courts Are The Better Alternative For Claims Against American Multinational Corporations, Jenny N. Bounngaseng
Georgia Journal of International & Comparative Law
No abstract provided.
The Illusion Of Autonomy In Women's Medical Decision-Making,
2014
American University Washington College of Law
The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
This article considers why there is not more conflict between women and their doctors in obstetric decision-making. While patients in every other medical context have complete autonomy to refuse treatment against medical advice, elect high-risk courses of action, and prioritize their own interests above any other decision-making metric, childbirth is viewed anomalously because of the duty to the fetus that the state and the doctor owe at birth. Many feminist scholars have analyzed the complex resolution of these conflicts when they arise, particularly when the state threatens to intervene to override the birthing woman’s autonomy. This article instead considers the …
La Transacción En El Proceso Colectivo De Consumidores - Argentina,
2014
Universidad Nacional de Mar del Plata
La Transacción En El Proceso Colectivo De Consumidores - Argentina, Gabriel Martinez Medrano
Gabriel Martinez Medrano
Analisis de la Transaccion en el Proceso Colectivo (class action). Estudio de Brasil, EEUU y Argentina. Autor argentino.
Thin-Skull Plaintiffs, Socio-Cultural "Abnormalities" And The Dangers
Of An Objective Test For Hypersensitivity,
2014
University of Hong Kong
Thin-Skull Plaintiffs, Socio-Cultural "Abnormalities" And The Dangers Of An Objective Test For Hypersensitivity, Eugene C. Lim
Dalhousie Law Journal
The extent to which "hypersensitivity" can serve as a legal basis for demanding additional compensation has always been a controversial issue in tort law. A key challenge facing courts lies in determining how the "thin-skull rule," traditionally related to physical conditions that predispose an individual to additional injury, can be applied to claims from "hypersensitive" plaintiffs citing personality-linked vulnerabilities of a religious, socio-cultural, or psychiatric nature. This article critically evaluates the viability of the "ordinary-fortitude test" adopted by the Supreme Court of Canada in Mustapha v. Culligan, and discusses the relative merits of a "multi-factorial test" in determining the admissibility …
Constitutional Remedies: Reconciling Official Immunity With The Vindication Of Rights,
2014
University of Georgia School of Law
Constitutional Remedies: Reconciling Official Immunity With The Vindication Of Rights, Michael Wells
Scholarly Works
A great deal of scholarly attention is devoted to constitutional rights and comparatively little to remedies for their violation. Yet rights without remedies are not worth much, and remedial law does not always facilitate the enforcement of rights, even of constitutional rights. This Article discusses an especially challenging remedial context: suits seeking damages for constitutional wrongs that occurred in the past, that are unlikely to recur, and hence that cannot be remedied by forward-looking injunctive or declaratory relief. Typical fact patterns include charges that the police, prison guards, school administrators, or other officials have engaged in illegal searches and seizures, …
Warning! Barracudas May Bite: Third Circuit Puts "Teeth" In The Ftca's Discretionary Function Exception Analysis,
2014
Villanova University Charles Widger School of Law
Warning! Barracudas May Bite: Third Circuit Puts "Teeth" In The Ftca's Discretionary Function Exception Analysis, Lauren P. Deluca
Villanova Law Review
No abstract provided.
Summary Of Franchise Tax Board Of The State Of California V. Hyatt, 130 Nev. Adv. Op. 71,
2014
Nevada Law Journal
Summary Of Franchise Tax Board Of The State Of California V. Hyatt, 130 Nev. Adv. Op. 71, Stacy Newman, Jennifer Odell, Jaymes Orr, Patrick Phippen
Nevada Supreme Court Summaries
The Court (1) affirmed the intentional tort and bad faith exceptions to discretionary-function immunity under NRS 41.032; (2) recognized the common law tort of publicity in a false light; (3) adopted the sliding-scale approach to proving a claim of intentional infliction of emotional distress; (4) determined comity does not demand granting immunity from suit to foreign state government agencies if immunity would be available under that state’s laws, but not under Nevada law; and (5) determined comity does not require extending statutory caps to foreign state government agencies even if provided by law to Nevada government agencies.
