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Articles 1 - 30 of 43
Full-Text Articles in Law
(Un)Masking The Truth - The Cruel And Unusual Punishment Of Prisoners Amidst The Covid-19 Pandemic, Ariel Berkowitz
(Un)Masking The Truth - The Cruel And Unusual Punishment Of Prisoners Amidst The Covid-19 Pandemic, Ariel Berkowitz
Touro Law Review
No abstract provided.
Measures Of Preventing Crime Of Non-Performance Of Ones Duties In Their Profession, Sh. Khaydarov
Measures Of Preventing Crime Of Non-Performance Of Ones Duties In Their Profession, Sh. Khaydarov
Review of law sciences
The article defines the factors that determine the development of criminal legislation governing liability for crimes against life and health committed by the medical staff of Uzbekistan and foreign countries because of their inadequate responsibility. Taking into account the experience of foreign countries (USA, Australia, Canada), there are measures aimed at preventing the crime of medical personnel, unable to professionally perform their duties.
The Next Best Defendant: Examining A Remote Text Sender's Liability Under Kubert V. Best, Christopher P. Edwards
The Next Best Defendant: Examining A Remote Text Sender's Liability Under Kubert V. Best, Christopher P. Edwards
Akron Law Review
Texting and driving is a dangerous activity that is responsible for many of the avoidable accidents that occur due to distracted driving. While many state legislatures have responded by enacting formal prohibitions on texting and driving, the penalties are far less severe than other forms of distracted driving, namely driving while intoxicated. While a texting driver is exposed to some liability for their conduct, the text sender generally bears no responsibility. While prohibiting texting and driving on the part of the recipient-driver is the more obvious approach to addressing the issue, the very nature of texting requires the participation of …
Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe
Georgia Journal of International & Comparative Law
No abstract provided.
Why And How To Compensate Exonerees, Erik Encarnacion
Why And How To Compensate Exonerees, Erik Encarnacion
Michigan Law Review First Impressions
How can we bring greater uniformity to exoneree compensation in a principled and just way? This paper argues that answering this question becomes easier once we identify the principles of justice that best justify and explain compensation statutes. In particular, commentators have assumed incorrectly that the goal of compensating exonerees should be understood primarily in terms of corrective justice, which posits a duty to undo or repair wrongfully inflicted harms. This paper argues, by contrast, that restitutionary justice, which forces parties to relinquish unjust gains, better justifies and explains compensation statutes. The unjust gains at issue are fair wages withheld …
Mens Rea, Criminal Responsibility, And The Death Of Freddie Gray, Michael Serota
Mens Rea, Criminal Responsibility, And The Death Of Freddie Gray, Michael Serota
Michigan Law Review First Impressions
Who (if anyone) is criminally responsible for the death of Freddie Gray, the 25-year-old African-American man who died from injuries suffered while in the custody of Baltimore police? This question has been at the forefront of the extensive coverage of Gray’s death, which has inspired a national discussion about law enforcement’s relationship with black communities. But it is also a question that may never be fairly resolved for reasons wholly unrelated to the topic of community policing, with which Gray’s death has become synonymous. What may ultimately hamper the administration of justice in the prosecution of the police officers involved …
Victims And Self-Liability In Criminal Law: Beyond Contributive Negligence And Foreseeability (Without Blaming The Victim), Maniel Cancio Melia
Victims And Self-Liability In Criminal Law: Beyond Contributive Negligence And Foreseeability (Without Blaming The Victim), Maniel Cancio Melia
Pace Law Review
No abstract provided.
Conjunction And Aggregation, Saul Levmore
Conjunction And Aggregation, Saul Levmore
Michigan Law Review
This Article begins with the puzzle of why the law avoids the issue of conjunctive probability. Mathematically inclined observers might, for example, employ the "product rule," multiplying the probabilities associated with several events or requirements in order to assess a combined likelihood, but judges and lawyers seem otherwise inclined. Courts and statutes might be explicit about the manner in which multiple requirements should be combined, but they are not. Thus, it is often unclear whether a factfinder should assess if condition A was more likely than not to be present - and then go on to see whether condition B …
The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen
The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen
Touro Law Review
No abstract provided.
Third Party Liability For Drunken Driving: When One For The Road Becomes One For The Courts, Julius F. Lang Jr., John J. Mcgrath
Third Party Liability For Drunken Driving: When One For The Road Becomes One For The Courts, Julius F. Lang Jr., John J. Mcgrath
Villanova Law Review
No abstract provided.
Misrepresentation In Indiana: What Hath Fraud Wrought?, Daniel C. Emerson
Misrepresentation In Indiana: What Hath Fraud Wrought?, Daniel C. Emerson
Indiana Law Journal
No abstract provided.
Negligence-Stolen Vehicles - The Owner Of A Vehicle Parked By Employees Who Left The Keys In The Ignition Held Liable For Injuries To Third Parties Resulting From The Motoring Activities Of A Thief. Hergenrether V. East (Cal. 1964), Thomas J. Whelan
San Diego Law Review
This recent case discusses Hergenrether v. East (Cal. 1964)
Legislation, Law Review Staff
Legislation, Law Review Staff
Vanderbilt Law Review
Budget Planners--Regulation To Protect Debtors
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Criminal Law--Taxation of Court Costs
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Statute of Limitations--Professional Negligence--Foreign Objects Left in Patient's Body
Hunting Accident Liability, Vincent A. Feudo
Hunting Accident Liability, Vincent A. Feudo
Cleveland State Law Review
Increased interest in hunting for pleasure has led to an increased number of mishaps. Recent statistics show one injury for every 7,800 hunters, with one in every five or six fatal. From early to more recent cases it has generally been held that where one is not negligent in the handling of his weapon he is not liable. But "ordinary care" while hunting means a high degree of care, due to the inherent nature of the sport.
Torts: Right Of Brother And Sister To Sue, W. Kendall Lipscomb Jr.
Torts: Right Of Brother And Sister To Sue, W. Kendall Lipscomb Jr.
William & Mary Law Review
No abstract provided.
The Use Of Criminal Law As A Standard Of Civil Responsibility In Indiana, Cleon H. Foust
The Use Of Criminal Law As A Standard Of Civil Responsibility In Indiana, Cleon H. Foust
Indiana Law Journal
No abstract provided.
Criminal Law And Procedure -- 1956 Tennessee Survey, James B. Earle
Criminal Law And Procedure -- 1956 Tennessee Survey, James B. Earle
Vanderbilt Law Review
Homicide: Involuntary manslaughter by automobile was involved in the case of Smith v. State.' The evidence tended to show that while the defendant was operating his automobile at a speed of possibly 40 miles per hour, he attempted to turn at a dead-end intersection, skidded on loose gravel, and struck his victim at a point approximately four feet off the street. It also appeared that the victim was a child of six who was playing on a bridge leading to a school; that the accident occurred on Christmas day; and that the defendant had consumed an unknown quantity of intoxicating …
Negligence - Res Ipsa Loquitur - Application To Multiple Defendants In The Alternative, Edward H. Hoenicke
Negligence - Res Ipsa Loquitur - Application To Multiple Defendants In The Alternative, Edward H. Hoenicke
Michigan Law Review
Appellant, a minor, was injured by the explosion of an "aerial bomb" which he found on a county fair ground. Two of the defendants admitted having brought aerial bombs to the fair but each entered evidence which if believed would show that he had not left the article which injured the appellant. These two defendants were completely independent of each other and it was admitted that both could not be responsible for the injury to the child. The lower court instructed the jury that if they could not determine which of the two defendants was actionably negligent, they were compelled …
Negligence - Duties Of Railroad - Landowner Toward Frequent Trespasser - Limitations On Rights Of Trespasser, William D. Keeler S.Ed.
Negligence - Duties Of Railroad - Landowner Toward Frequent Trespasser - Limitations On Rights Of Trespasser, William D. Keeler S.Ed.
Michigan Law Review
The duties of a landowner toward one who enters the land without consent may no longer be determined, in many cases, by merely stating the fact that the intruder is a trespasser whose presence is unknown to the landowner. This comment will discuss an area in which the relationship of landowner and trespasser inter se has been greatly altered, and will deal in particular with a class of cases which serve to limit the expanded rights of the trespasser.
Torts - Infant's Liability For Battery - Parent's Liability For Child's, Richard S. Weinstein
Torts - Infant's Liability For Battery - Parent's Liability For Child's, Richard S. Weinstein
Michigan Law Review
Plaintiff, a baby sitter, suffered injuries when she was pushed violently to the floor by her four-year-old charge. Plaintiff brought an action against the child alleging battery and negligence, and against the parents alleging negligence in failing to warn plaintiff of the boy's habit of violently attacking people. The lower court sustained demurrers to all three counts. On appeal, held, reversed on the first and third counts. An infant may be charged with battery, and a parent may be negligent in failing to warn of an infant's violent tendencies. Ellis v. D'Angelo, 116 Cal. App. (2d) 310, 253 …
Negligent Homicide In The Operation Of An Automobile: Kentucky's 1952 Statute, Robert C. Moffit
Negligent Homicide In The Operation Of An Automobile: Kentucky's 1952 Statute, Robert C. Moffit
Kentucky Law Journal
No abstract provided.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
AUTOMOBILE INSURANCE--COMPREHENSIVE CLAUSE EXCLUDING MECHANICAL BREAKDOWN--REQUIREMENT THAT EXCLUDED RISK BE SOLE PROXIMATE CAUSE
BAILMENTS--DELIVERY OF POSSESSION--PROPERTY DEPOSITED IN PUBLIC LOCKER
CONSTITUTIONAL LAW--INFRINGEMENT OF CIVIL RIGHTS BY PRIVATE INDIVIDUALS--CAUSE OF ACTION UNDER FEDERAL STATUTE
CONSTITUTIONAL LAW--RIGHT TO JURY TRIAL--ACTION FOR STATUTORY PENALTY UNDER PRICE ..CONTROL ACT
CONSTITUTIONAL LAW--UNITED NATIONS CHARTER--APPLICATION AS TREATY TO RENDER STATE LAW INVALID
CONTRACTS--CONSIDERATION--NEW AGREEMENT TO PAY LESS THAN ORIGINAL CONTRACT PRICE
CONTRACTS--DEFINITION OF TERMS--EFFECT OF PART PERFORMANCE IN MAKING TERMS CERTAIN
COPYRIGHT--ARTIST'S RIGHTS IN PRODUCTION AFTER SALE--"MORAL RIGHT" TO PREVENT DESTRUCTION
CRIMINAL LAW--SEARCHES AND SEIZURES--EFFECTS OF VIOLATION OF CONSTITUTIONAL RIGHT ON JURISDICTION OF FEDERAL COURTS
JOINT …
Torts-Imposition Of Civil Liability For Conduct Constituting Violation Of Criminal Statute
Torts-Imposition Of Civil Liability For Conduct Constituting Violation Of Criminal Statute
Washington and Lee Law Review
No abstract provided.
The Negligent Murder--Is It Objective Or Subjective? (Subjective View), Arnett Mann
The Negligent Murder--Is It Objective Or Subjective? (Subjective View), Arnett Mann
Kentucky Law Journal
No abstract provided.
Should The Objective Test Be Applied In Negligent Murder Cases? (Affirmative View), Bertel M. Sparks
Should The Objective Test Be Applied In Negligent Murder Cases? (Affirmative View), Bertel M. Sparks
Kentucky Law Journal
No abstract provided.
A Rationale Of Criminal Negligence, Roy Mitchell Moreland
A Rationale Of Criminal Negligence, Roy Mitchell Moreland
Kentucky Law Journal
No abstract provided.
A Rationale Of Criminal Negligence, Roy Mitchell Moreland
A Rationale Of Criminal Negligence, Roy Mitchell Moreland
Kentucky Law Journal
No abstract provided.
Abstracts, Katherine Kempfer
Abstracts, Katherine Kempfer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Negligent Involuntary Manslaughter In Kentucky: Standard Of Care Required, Helen C. Stephenson
Negligent Involuntary Manslaughter In Kentucky: Standard Of Care Required, Helen C. Stephenson
Kentucky Law Journal
No abstract provided.