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Articles 1 - 30 of 41
Full-Text Articles in Law
Putting The Plaintiff Class' Needs In The Lead: Reforming Class Action Litigation By Extending The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Kendra S. Langlois
Putting The Plaintiff Class' Needs In The Lead: Reforming Class Action Litigation By Extending The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Kendra S. Langlois
William & Mary Law Review
No abstract provided.
Labor And Employment Law, Thomas M. Winn Iii
Labor And Employment Law, Thomas M. Winn Iii
University of Richmond Law Review
No abstract provided.
Product Liabiity And Game Theory: One More Trip To The Choice-Of-Law Well, Michael I. Krauss
Product Liabiity And Game Theory: One More Trip To The Choice-Of-Law Well, Michael I. Krauss
BYU Law Review
No abstract provided.
Appellate Malpractice, Steven Wisotsky
Appellate Malpractice, Steven Wisotsky
The Journal of Appellate Practice and Process
No abstract provided.
Pliability Rules, Abraham Bell, Gideon Parchomovsky
Pliability Rules, Abraham Bell, Gideon Parchomovsky
Michigan Law Review
In 1543, the Polish astronomer, Nicolas Copernicus, determined the heliocentric design of the solar system. Copernicus was motivated in large part by the conviction that Claudius Ptolemy's geocentric astronomical model, which dominated scientific thought at that time, was too incoherent, complex, and convoluted to be true. Hence, Copernicus made a point of making his model coherent, simple, and elegant. Nearly three and a half centuries later, at the height of the impressionist movement, the French painter Claude Monet set out to depict the Ruen Cathedral in a series of twenty paintings, each presenting the cathedral in a different light. Monet's …
Products Liability - Emerging Consensus And Persisting Problems: An Analytical Review Presenting Some Options, Dr. J. Stanley Mcquade
Products Liability - Emerging Consensus And Persisting Problems: An Analytical Review Presenting Some Options, Dr. J. Stanley Mcquade
Campbell Law Review
No abstract provided.
A Right Without A Potent Remedy: Indiana's Bad Faith Insurance Doctrine Leaves Injured Third Parties Without Full Redress, Gregory A. Bullman
A Right Without A Potent Remedy: Indiana's Bad Faith Insurance Doctrine Leaves Injured Third Parties Without Full Redress, Gregory A. Bullman
Indiana Law Journal
No abstract provided.
"United We Stand": Managing Choice-Of- Law Problems In September-11-Based Toxic Torts Through Federal Substantive Mass- Tort Law, Kenneth G. Kubes
"United We Stand": Managing Choice-Of- Law Problems In September-11-Based Toxic Torts Through Federal Substantive Mass- Tort Law, Kenneth G. Kubes
Indiana Law Journal
No abstract provided.
Modern Tort Law Demystified, Carl Tobias
Replacing A Solid Wall With A Chain-Link Fence: Special Relationship Analysis For Tort Recovery Of Purely Economic Loss, Robert M. Stonestreet
Replacing A Solid Wall With A Chain-Link Fence: Special Relationship Analysis For Tort Recovery Of Purely Economic Loss, Robert M. Stonestreet
West Virginia Law Review
No abstract provided.
Unloved: Tort In The Modern Legal Academy, John C.P. Goldberg
Unloved: Tort In The Modern Legal Academy, John C.P. Goldberg
Vanderbilt Law Review
In The Idea of Private Law, Ernest Weinrib makes an arresting claim. He says that private law-by which he means primarily the law of contract, restitution, and especially tort-is "just like love."'
Even members of a discipline devoted to analogies may be forgiven for not immediately perceiving the point of this one, particularly if we focus on the private law of tort. Few law students would mistake negligence, defamation, or battery for love, and if they did, their professors might be concerned for their well-being. Likewise, it is difficult to recall another law professor writing of love and tort in …
Tort Law, Robin Jean Davis, Louis J. Palmer Jr.
Tort Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker
Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker
Nevada Law Journal
No abstract provided.
Insurance Causation Issues: The Legacy Of Bird V. St. Paul Fire & Marine Ins. Co., Peter Nash Swisher
Insurance Causation Issues: The Legacy Of Bird V. St. Paul Fire & Marine Ins. Co., Peter Nash Swisher
Nevada Law Journal
No abstract provided.
Crisci V. Security Insurance Co.: The Dawn Of The Modern Era Of Insurance: Bad Faith And Emotional Distress Damages, Jeffrey E. Thomas
Crisci V. Security Insurance Co.: The Dawn Of The Modern Era Of Insurance: Bad Faith And Emotional Distress Damages, Jeffrey E. Thomas
Nevada Law Journal
No abstract provided.
Arkansas Surfers And Their Privacy, Or Lack Thereof: Does The Common Law Invasion Of Privacy Tort Prohibit E-Tailers' Use Of "Cookies"?, Bryan T. Mckinney, Dwayne Whitten
Arkansas Surfers And Their Privacy, Or Lack Thereof: Does The Common Law Invasion Of Privacy Tort Prohibit E-Tailers' Use Of "Cookies"?, Bryan T. Mckinney, Dwayne Whitten
University of Arkansas at Little Rock Law Review
No abstract provided.
Rising Seas And Disappearing Islands: Can Island Inhabitants Seek Redress Under The Alient Tort Claims Act?, Rosemary Reed
Rising Seas And Disappearing Islands: Can Island Inhabitants Seek Redress Under The Alient Tort Claims Act?, Rosemary Reed
Washington International Law Journal
Sea levels are rising as a result of increasing greenhouse gas concentrations and global warming. The rising seas threaten to submerge many Pacific Island nations within the next century. The island inhabitants have sought help from the global community, but thus far have been denied assistance. However, the island inhabitants could seek redress in U.S. District Courts against major greenhouse gas emitters under the Alien Tort Claims Act. To satisfy the ATCA's requirement that tort claims must be in violation of international law, the islanders could claim that they are victims of environmental human rights violations and possibly genocide. While …
The New Federalism Jurisprudence And National Tort Reform, Betsy J. Grey
The New Federalism Jurisprudence And National Tort Reform, Betsy J. Grey
Washington and Lee Law Review
No abstract provided.
Intential Infliction Of Mental Distress In Nevada, Carl Tobias
Intential Infliction Of Mental Distress In Nevada, Carl Tobias
Nevada Law Journal
No abstract provided.
Locating Inevitable Disclosure's Place In Trade Secret Analysis, Jennifer L. Saulino
Locating Inevitable Disclosure's Place In Trade Secret Analysis, Jennifer L. Saulino
Michigan Law Review
For ten years, William Redmond, Jr., worked for PepsiCo, the maker of the sports drink All-Sport. Redmond's status as General Manager gave him access to trade secrets. PepsiCo protected those trade secrets by contract, and, as is typical, PepsiCo required Redmond to sign a confidentiality agreement covering all "confidential information relating to the business of [PepsiCo]." This confidentiality agreement, like most of its kind, protected the company from the danger that an employee who knew secret information would change jobs and disclose that information. In late 1994, Redmond accepted a position with Quaker's Gatorade division, a major competitor of PepsiCo's …
Outlaws And Outlier Doctrines: The Serious Misconduct Bar In Tort Law, Joseph H. King Jr.
Outlaws And Outlier Doctrines: The Serious Misconduct Bar In Tort Law, Joseph H. King Jr.
William & Mary Law Review
No abstract provided.
Look What They've Done To My Tort, Ma: The Unfortunate Demise Of "Abuse Of Process" In Maryland, Jeffrey J. Utermohle
Look What They've Done To My Tort, Ma: The Unfortunate Demise Of "Abuse Of Process" In Maryland, Jeffrey J. Utermohle
University of Baltimore Law Review
No abstract provided.
E.R.I.S.A. Subrogation As Interpreted Within The Seventh Circuit - A Roadmap For Managing First Dollar Recovery, 35 J. Marshall L. Rev. 765 (2002), Gregory Pitts
UIC Law Review
No abstract provided.
Novel Approach To Mass Tort Class Actions: The Billion Dollar Settlement In The Sulzer Artificial Hip And Knee Litigation: A Symposium, Susan J. Becker, R. Eric Kennedy, Kathleen Mcdonald O'Malley The Honorable, Sidney A. Backstrom
Novel Approach To Mass Tort Class Actions: The Billion Dollar Settlement In The Sulzer Artificial Hip And Knee Litigation: A Symposium, Susan J. Becker, R. Eric Kennedy, Kathleen Mcdonald O'Malley The Honorable, Sidney A. Backstrom
Journal of Law and Health
This is a transcript of a two hour symposium which deals with the Sulzer knee and hip replacement class action. A copy of the settlement is included as an appendix. The settlement in the U.S. District Court for the N.D. Ohio was unique and creative approach to resolving a mass tort class action. In a novel move, Sulzer agreed to open its books to an independent review firm to determine how much the firm could pay without going bankrupt. The number was $1 billion. As negotiated by the parties and approved by the court, the final settlement provides compensation for …
Medical Errors: Causes, Cures, And Capitalism, Keith Myers
Medical Errors: Causes, Cures, And Capitalism, Keith Myers
Journal of Law and Health
This article explores the causes of medical error, the medical profession's responses to errors, and how the legal system responds to medical error through litigation and legislation. Part II discusses the definition of "medical error," the frequency and pervasiveness of the problem, and the causes at the individual and system level. Part III considers how the culture of medicine has largely failed to address medical errors as a systems-based problem, and how the legal culture discourages admitting errors due to the threat of litigation. Focusing on systems, data must be collected and analyzed, and legal guidelines developed to encourage error …
Determining Punitive Damages: Empirical Insights And Implications For Reform, Jennifer K. Robbennolt
Determining Punitive Damages: Empirical Insights And Implications For Reform, Jennifer K. Robbennolt
Buffalo Law Review
No abstract provided.
Punitive Damages: Cooper Industries V. Leatherman Tool Group: Will A Constitutional Objection To The Excessiveness Of A Punitive Damages Award Save Defendants From Oklahoma's Punitive Damages Statute, Amanda L. Maxfield
Oklahoma Law Review
No abstract provided.
Licensees In Landoccupiers' Liability Law - Should They Be Exterminated Or Resurrected, Osborne M. Reynolds Jr.
Licensees In Landoccupiers' Liability Law - Should They Be Exterminated Or Resurrected, Osborne M. Reynolds Jr.
Oklahoma Law Review
No abstract provided.
Lost Chance In Illinois? That May Still Be The Case, 36 J. Marshall L. Rev. 249 (2002), Lisa Petrilli
Lost Chance In Illinois? That May Still Be The Case, 36 J. Marshall L. Rev. 249 (2002), Lisa Petrilli
UIC Law Review
No abstract provided.
The Voluntary Practices: The Last-Gasp Of Big Time College Football And The Ncaa, Sarah Lemons
The Voluntary Practices: The Last-Gasp Of Big Time College Football And The Ncaa, Sarah Lemons
Vanderbilt Journal of Entertainment & Technology Law
College football is desperately in need of new NCAA rules governing voluntary practices and the real problem is that coaches will always find a way to slip around the rules in order to seize the rewards of winning. Therefore, the NCAA must perform its duty and reform the rules to protect the health and well being of the collegiate football player, because as a voluntary association of a coalition of 960 member colleges, it has been given the authority to adopt rules governing its member institutions' recruiting, eligibility, financial aid and admissions.
Part II of this Note will begin by …