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- Vanderbilt University Law School (10)
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- Vanderbilt Law Review (9)
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Articles 1 - 30 of 42
Full-Text Articles in Law
Fuoco V. Polisena, 244 A.3d 124 (R.I. 2021), David Marks
Fuoco V. Polisena, 244 A.3d 124 (R.I. 2021), David Marks
Roger Williams University Law Review
No abstract provided.
Unbuckling The Seat Belt Defense In Arkansas, Spencer G. Dougherty
Unbuckling The Seat Belt Defense In Arkansas, Spencer G. Dougherty
Arkansas Law Review
The “seat belt defense” has been hotly litigated over the decades in numerous jurisdictions across the United States. It is an affirmative defense that, when allowed, reduces a plaintiff’s recovery for personal injuries resulting from an automobile collision where the defendant can establish that those injuries would have been less severe or avoided entirely had the plaintiff been wearing an available seat belt. This is an unsettled legal issue in Arkansas, despite the growing number of cases in which the seat belt defense is raised as an issue. Most jurisdictions, including Arkansas, initially rejected the defense, but the basis for …
Recovering Wagner V. International Railway Company, Kenneth S. Abraham, G. Edward White
Recovering Wagner V. International Railway Company, Kenneth S. Abraham, G. Edward White
Touro Law Review
No abstract provided.
Causation In Cases Of Evidential Uncertainty: Juridical Techniques And Fundamental Issues, Ken Oliphant
Causation In Cases Of Evidential Uncertainty: Juridical Techniques And Fundamental Issues, Ken Oliphant
Chicago-Kent Law Review
This paper reviews from a comparative legal perspective the range of juridical techniques that have been developed in different legal systems to address perceived problems of uncertain alternative causation. It finds that the process of development has generally proceeded in an ad hoc and unprincipled fashion, without regard for overall coherence. It argues for a more principled legal approach in which the appropriate legal response (full liability, proportional liability or no liability) is adopted on the basis of a ranking of the different categories of cases in which problems of causal uncertainty can arise, reflecting the strength (or weakness) of …
Presumptions And Modal Logic: A Hohfeldian Approach, John P. Finan
Presumptions And Modal Logic: A Hohfeldian Approach, John P. Finan
Akron Law Review
The difficulty of distinguishing between an inference and a presumption, a difficulty that bedevils tort and evidence teachers, (see Appendix I) among others, may be dispelled by a study of the deontic nature of permissible inferences and presumptions. Using scholastic terminology, an inference is a function of the intellect, not the will. Therefore, deontic notions of permission and duty seem foreign to inference. However, deontic notions are legitimate, because the law, in assigning a fact finding function to judge and jury, uses deontic notions in assigning fact finding competence. Thus, the statement that an inference is not permissible means that …
Common Ignorance: Medical Malpractice Law And The Misconceived Application Of The “Common Knowledge” And “Res Ipsa Loquitur” Doctrines, Amanda E. Spinner
Common Ignorance: Medical Malpractice Law And The Misconceived Application Of The “Common Knowledge” And “Res Ipsa Loquitur” Doctrines, Amanda E. Spinner
Touro Law Review
No abstract provided.
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon
Pepperdine Law Review
No abstract provided.
Clarifying Causation In Tort, Erik S. Knutsen
Clarifying Causation In Tort, Erik S. Knutsen
Dalhousie Law Journal
This article argues that there is nothing overly confusing about the law ofcausation in negligence. It attempts to define the current state of causation in Canadian negligence law with a simple goal in mind: to have a clearer more productive conversation about the law with the fundamental concepts clearly on the table. The author argues that while the leading decisions on causation are often couched in broad-based, universal terminology to refrain from inhibiting conceptual portability,the cases can be read as a sustained continuum of conversations about causation. A cohesive framework for the law is offered by taking a longitudinal perspective …
Working Without A Net: The Third Circuit Juggles Skepticism And Deference Inside The Ring Of Products Liability Experts After The Daubert Trilogy In Pineda V. Ford Motor Co. & (And) Calhoun V. Yamaha Corp., Jennifer E. Burke
Villanova Law Review
No abstract provided.
Constructing Products Liability: Reforms In Theory And Procedure, Frank J. Vandall
Constructing Products Liability: Reforms In Theory And Procedure, Frank J. Vandall
Villanova Law Review
No abstract provided.
Causation In Toxic Tort Litigation: Which Way Do We Go, Judge, Laurie Alberts
Causation In Toxic Tort Litigation: Which Way Do We Go, Judge, Laurie Alberts
Villanova Environmental Law Journal
No abstract provided.
Fishing For The Smoking Gun, Y. Daphne Coelho-Adam
Fishing For The Smoking Gun, Y. Daphne Coelho-Adam
Vanderbilt Journal of Transnational Law
Industry-wide tort litigation, such as tobacco and gun litigation, poses a new problem for extraterritorial discovery. These suits allege conspiracies on the part of the tobacco and gun industries to conceal the dangers of their products from the public. Much of the evidence needed to prove the industries' knowledge is in their possession. These industries are international with companies located in the United Kingdom. Under U.S. discovery law the evidence is discoverable, but such is not the case under British discovery law. Therefore, the evidence and witnesses located in the United Kingdom are outside the grasp of U.S. plaintiffs. The …
When Science Is Too Daunting: Multiple Chemical Sensitivity, Federal Courts, And The Struggling Spirit Of Daubert, Carl H. Johnson
When Science Is Too Daunting: Multiple Chemical Sensitivity, Federal Courts, And The Struggling Spirit Of Daubert, Carl H. Johnson
Villanova Environmental Law Journal
No abstract provided.
"Other Accident" Evidence In Product Liability Actions: Highly Probative Or An Accident Waiting To Happen?, Robert A. Sachs
"Other Accident" Evidence In Product Liability Actions: Highly Probative Or An Accident Waiting To Happen?, Robert A. Sachs
Oklahoma Law Review
No abstract provided.
In Support Of Huber, Jon F. Merz
In Support Of Huber, Jon F. Merz
RISK: Health, Safety & Environment (1990-2002)
The author takes exception to two recent reviews of GALILEO'S REVENGE.
Incentives To Spoliate Evidence In Civil Litigation: The Need For Vigorous Judicial Action, Charles R. Nesson
Incentives To Spoliate Evidence In Civil Litigation: The Need For Vigorous Judicial Action, Charles R. Nesson
Cardozo Law Review
No abstract provided.
Hear No Evil, See No Evil: A Comment On Professor Nesson’S Claims About Evidence Suppression, Dale A. Nance
Hear No Evil, See No Evil: A Comment On Professor Nesson’S Claims About Evidence Suppression, Dale A. Nance
Cardozo Law Review
No abstract provided.
Professor Weinrib's Coherence, Alan Brudner
Allen V. The United States Of America: The “Substantial” Connection Between Nuclear Fallout And Cancer, Daniel Swartzman, Tom Christoffel
Allen V. The United States Of America: The “Substantial” Connection Between Nuclear Fallout And Cancer, Daniel Swartzman, Tom Christoffel
Touro Law Review
No abstract provided.
Recent Developments, Various Editors
The Smith Rule And A Party's Burden Of Coming Forward When Relying On Circumstantial Evidence, Paul A. Kiefer
The Smith Rule And A Party's Burden Of Coming Forward When Relying On Circumstantial Evidence, Paul A. Kiefer
Villanova Law Review
No abstract provided.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Antitrust Law--Violation of Section 7 of the Clayton Act by Joint Venture
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Civil Rights--Anti-discrimination Law as a Vehicle for a Private Civil Action
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Condemnation--Landowner Cannot Recover From Federal Government for Damages Caused Before Date of Taking Where Government Did Not Previously Contemplate, Condemning Property
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Constitutional Law--Loss of Nationality--Foreign Residency Statute Held Violative of Due Process
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Constitutional Law--Reapportionment--Both Houses of a State Legislature Must Be Based as Nearly as Is Practicable on Population
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Constitutional Law--Twenty-first Amendment--Scope of State Power Over Intoxicants Moving Within Its Borders
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Evidence--Statutory Presumptions--Reasonableness Is Implicit in Test of Rational Connection
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Liability Insurance And The Rule Of Exclusion In Tort Actions
Liability Insurance And The Rule Of Exclusion In Tort Actions
Washington and Lee Law Review
No abstract provided.
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
West Virginia Law Review
No abstract provided.
Exhibition Of Person In Personal Injury Cases, Dennis M. Burgoon
Exhibition Of Person In Personal Injury Cases, Dennis M. Burgoon
Cleveland State Law Review
It is to be admitted that the proof of injury, which is directed to the senses, is a most convincing means of proof, and is the best evidence of a material fact, but it is not the fact that such exhibition is material that comes into dispute when such an exhibition is sought to be admitted, rather it is the claimed prejudicial effect of such exhibition, or the possibility that it might be indecent that raises the objection to this form of evidence.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Constitutional Law--Due Process--Duty of Non-Resident Vendor to Collect Use Tax
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Evidence--Criminal Law--Circumstantial Evidence Sufficient to Establish Corpus Delicti
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Evidence--Presumptions--Rebuttable Presumption Persists Until Trier of Fact Finds Nonexistence of Presumed Fact as Probable as its Existence
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Restraint of Trade--Sherman Act--Refusal to Sell as Unlawful Means of Effecting Price Maintenance
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Torts--Negligence--Vendor of Alcoholic Beverage to Intoxicated Minor Liable to Third Party
Evidence--Personal Injury Cases--Blackboard Summation, F. C. B.
Evidence--Personal Injury Cases--Blackboard Summation, F. C. B.
West Virginia Law Review
No abstract provided.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
CONFLICT OF LAWS--JURISDICTION--RESIDENCE AS A JURISDICTIONAL BASIS FOR DIVORCE
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CORPORATIONS-SECURITIES ACTS--DISTINCTION BETWEEN "CLASS" AND "SERIES" UNDER SECTION 16(b) OF SECURITIES EXCHANGE ACT
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CORPORATIONS-STOCK DIVIDENDS-INCONSISTENCY BETWEEN TRADITIONAL AND MODERN CONCEPTS OF STOCK DIVIDENDS
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CRIMINAL PROCEDURE-EVIDENCE-STATUTORY LIMITATION OF JENCKS DECISION
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EVIDENCE--SEARCHES AND SEIZURES--INADMISSIBILITY IN FEDERAL COURT OF EVIDENCE OBTAINED THROUGH AN UNREASONABLE SEARCH BY STATE OFFICERS
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EVIDENCE--WITNESSES-ABILITY OF ONE SPOUSE TO TESTIFY AGAINST THE OTHER IN FEDERAL CRIMINAL PROCEEDINGS
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HABEAS CORPUS--FEDERAL COURT REMAND OF PETITIONER TO STATE COURT FOR NEW TRIAL
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MUNICIPAL CORPORATIONS--TORT LIABILITY--DUTY TOPROVIDE POLICE PROTECTION TO INFORMERS
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TAXATION--ESTATE TREASURY REGULATIONS ON GOVERNMENT …
The Use Of Expert Evidence In Res Ipsa Loquitor Cases, Graham L. Fricke
The Use Of Expert Evidence In Res Ipsa Loquitor Cases, Graham L. Fricke
Villanova Law Review
No abstract provided.
Medical-Legal Relations - The Brighter Side, C. Joseph Stetler
Medical-Legal Relations - The Brighter Side, C. Joseph Stetler
Villanova Law Review
No abstract provided.