Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- African Americans (1)
- Bioethics (1)
- Black market (1)
- Book reviews (1)
- Cherry (Mark) (1)
-
- Commodification (1)
- Cruel and unusual punishment (1)
- Damages (1)
- Donation of organs (1)
- Eight Amendment (1)
- Ethics (1)
- Helling v. McKinney (1)
- Income distribution (1)
- Injurers (1)
- Liability (1)
- Medical malpractice (1)
- Medicine (1)
- National Organ Transplant Act (1)
- Offsetting risks (1)
- Organ transplantation (1)
- Passive smoking (1)
- Precautions (1)
- Prisoners (1)
- Prisons (1)
- Risk management (1)
- Second hand smoke (1)
- Smoking (1)
- Social Justice (1)
- Third parties (1)
- Transplant patients (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Offsetting Risks, Ariel Porat
Offsetting Risks, Ariel Porat
Michigan Law Review
Under prevailing tort law, an injurer who must choose between Course of Action A, which creates a risk of 500 (there is a probability of .1 that a harm of 5000 will result), and Course of Action B, which creates a risk of 400 (there is a probability of.] that a harm of 4000 will result), and who negligently opts for the former will be held liable for the entire harm of 5000 that materializes. This full liability forces the injurer to pay damages that are five times higher than would be necessary to internalize the risk of 100 that …
Private Ordering And Intimate Spaces: Why The Ability To Negotiate Is Non-Negotiable, Michele Goodwin
Private Ordering And Intimate Spaces: Why The Ability To Negotiate Is Non-Negotiable, Michele Goodwin
Michigan Law Review
This review moves beyond a critique of Cherry's study to incorporate a radical new way of thinking about organ commodification as a social justice issue. Part I provides a brief empirical overview of organ demand in the United States, offering an alternative perspective and introducing data illexamined in commodification debates. Part II challenges the notion that private ordering abandons liberal and egalitarian values in favor of individualism over communitarianism. It also acknowledges the limitations of private ordering and addresses how its more problematic features, including the abuse of power, might be avoided. Part III argues for a hybrid system that …
Secondhand Smoke Signals From Prison, Scott C. Wilcox
Secondhand Smoke Signals From Prison, Scott C. Wilcox
Michigan Law Review
This Note argues that courts should acknowledge current societal and medical perspectives on second hand smoke (SHS) and afford real protection to prisoners against SHS through injunctive relief. Part I examines evidence that conclusively demonstrates the serious risk of harm posed by SHS to the health of inmates. It reports that inmates' long-term exposure to SHS increases their risk of contracting lung cancer, heart disease, and other potentially life threatening conditions. Part II argues that, as required by the Helling standard, contemporary society does not tolerate involuntary, long-term exposure to SHS and that prison officials exhibit deliberate indifference by allowing …