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Articles 1 - 30 of 66
Full-Text Articles in Law
Torts, Cynthia Trimboli Adams, Charles R. Adams Iii
Torts, Cynthia Trimboli Adams, Charles R. Adams Iii
Mercer Law Review
Who can be wise, amazed, temperate and furious, Loyal and neutral, in a moment? No man.
—William Shakespeare, Macbeth, act 2, sc. 3 (Signet Classic ed., Signet Books 1963) (1606).
Macbeth may have feigned this plight as he covered up his foul murder of King Duncan, but it precisely describes the survey writer's dilemma. Some of the legal theories advanced in survey period cases were as arcane as the contents of the witches' cauldron. Some of the holdings were as unsettling as Banquo's ghost at the feast? And, as always, the accumulation of cases was as inexorable as Birnam Wood's …
Causation And Injury In Corporate Control Transactions: Cede & Co. V. Technicolor, Inc., Jacqueline M. Veneziani
Causation And Injury In Corporate Control Transactions: Cede & Co. V. Technicolor, Inc., Jacqueline M. Veneziani
Washington Law Review
In Cede & Co. v. Technicolor, Inc., the Delaware Supreme Court held that shareholders are not required to prove injury from corporate directors' failure to exercise due care in approving a merger transaction. Tort principles, the court stated, have no role in a business judgment rule analysis. Therefore, once shareholders prove a violation of the directors' duty of care, the burden is shifted to the directors to prove the entire fairness of the transaction despite the absence of a breach of the duty of loyalty. This Note argues that the entire fairness review of a disinterested board transaction is unworkable. …
The Revival Of Tort Theory In Canada, Jamie Cassels
The Revival Of Tort Theory In Canada, Jamie Cassels
Dalhousie Law Journal
Tort scholarship in Canada has not traditionally been preoccupied with theory. Apart from several fine (doctrinally oriented) texts, by far the greatest amount of tort writing found in the journals is ad hoc and responsive to current is sues. It consists for the most part of case comments or 'recent development' articles inspired by important decisions from higher courts. Beyond this, a number of substantive topics and problem areas have recently been dealt with in some detail. There is alarge amount of literature, for example, on the liability of public authorities and professionals, sporting injuries, asbestos and environmental liability, and …
Truth & Beauty, Deception & Disfigurement: A Feminist Analysis Of Breast Implant Litigation, Kerith Cohen
Truth & Beauty, Deception & Disfigurement: A Feminist Analysis Of Breast Implant Litigation, Kerith Cohen
William & Mary Journal of Race, Gender, and Social Justice
In her recent book, The Beauty Myth,' Naomi Wolf discusses the phenomenon in which a woman links her identity to her physical appearance. Wolf presents the beauty myth as a sequel to the feminine mystique2 "discovered" by Betty Friedan.3 The feminine mystique depicts happy womanhood as a "modern" suburban housewife.4 The beauty myth, on the other hand, depicts the modern happy woman as physically perfect. 5 "The beauty myth tells a story: the quality called 'beauty' objectively and universally exists. Women must want to embody it and men must want to possess women who embody it."'
This Note explores how …
An Index And Table Of Contents To The Ali Reporters' Study On Enterprise Responsibility For Personal Injury, Jeffrey O'Connell, Alexander S. Glovsky
An Index And Table Of Contents To The Ali Reporters' Study On Enterprise Responsibility For Personal Injury, Jeffrey O'Connell, Alexander S. Glovsky
San Diego Law Review
In 1986, the American Law Institute (ALI) published a report to analyze and appraise the state of the tort system and to recommend reform. This study lacked crucial aids that could make it more accessible: it was devoid of any index and the table of contents did not contain any subheadings. The authors of this Article created an index and a comprehensive table of contents, in order to make the report more "user friendly." This Article contains a brief description of the 1986 ALI Reporter's Study, followed by an expanded table of contents and an index.
Review Of: Making Decisions About Liability And Insurance (Colin Camerer & Howard Kunreuther Eds.), Joseph M. Carreiro Jr.
Review Of: Making Decisions About Liability And Insurance (Colin Camerer & Howard Kunreuther Eds.), Joseph M. Carreiro Jr.
RISK: Health, Safety & Environment (1990-2002)
Review of: Making Decisions about Liability and Insurance (Colin Camerer & Howard Kunreuther eds., Kluwer Academic Publishers 1993). Figures, index, notes, tables. ISBN 0-7923-9393-7 [139 pp. Cloth $89.95. 101 Phillip Drive, Assinippi Park, Norwell MA 02061.1
Guns For Hire, Commercial Speech And Tort Liability: Making A Case For Preserving First Amendment Free Speech Rights, Stephen T. Raptis
Guns For Hire, Commercial Speech And Tort Liability: Making A Case For Preserving First Amendment Free Speech Rights, Stephen T. Raptis
West Virginia Law Review
No abstract provided.
A Process Theory Of Torts, Jay Tidmarsh
A Process Theory Of Torts, Jay Tidmarsh
Washington and Lee Law Review
No abstract provided.
Your Money Or Your Life?: Thinking About The Use Of Willingness-To-Pay Studies To Calculate Hedonic Damages, Dennis C. Taylor
Your Money Or Your Life?: Thinking About The Use Of Willingness-To-Pay Studies To Calculate Hedonic Damages, Dennis C. Taylor
Washington and Lee Law Review
No abstract provided.
Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice, James A. Henderson Jr., John A. Siliciano
Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice, James A. Henderson Jr., John A. Siliciano
Cornell Law Faculty Publications
No abstract provided.
The Graying Of Products Liability Law: Paths Taken And Untaken In The New Restatement, David G. Owen
The Graying Of Products Liability Law: Paths Taken And Untaken In The New Restatement, David G. Owen
Faculty Publications
No abstract provided.
Sexual Harassment In The Legal Profession: Workplace Education And Reform, Civil Remedies, And Professional Discipline, Lisa Pfenninger
Sexual Harassment In The Legal Profession: Workplace Education And Reform, Civil Remedies, And Professional Discipline, Lisa Pfenninger
Florida State University Law Review
No abstract provided.
Liberty And Property: Lord Bramwell And The Political Economy Of Liberal Jurisprudence Individualism, Freedom, And Utility, David Abraham
Liberty And Property: Lord Bramwell And The Political Economy Of Liberal Jurisprudence Individualism, Freedom, And Utility, David Abraham
Articles
No abstract provided.
A World That Won't Stand Still: Enterprise Liability By Private Contract, William M. Sage, James M. Jorling
A World That Won't Stand Still: Enterprise Liability By Private Contract, William M. Sage, James M. Jorling
Faculty Scholarship
The purpose of this article is to help health care providers and insurers create such an approach by explaining the benefits and risks of voluntarily reassigning liability for medical injury along an enterprise liability model, and by outlining the legal and contractual elements that are required to do so successfully.
The Grin Without The Cat: Claims For Damages From Toxic Exposure Without Present Injury, Bill Charles Wells
The Grin Without The Cat: Claims For Damages From Toxic Exposure Without Present Injury, Bill Charles Wells
William & Mary Environmental Law and Policy Review
No abstract provided.
Perceptions Of Civil Justice: The Litigation Crisis Attitudes Of Civil Jurors, Valerie P. Hans, William S. Lofquist
Perceptions Of Civil Justice: The Litigation Crisis Attitudes Of Civil Jurors, Valerie P. Hans, William S. Lofquist
Cornell Law Faculty Publications
Public perceptions that the civil justice system is in crisis are apparently widespread, but little is known about the causes or correlates of such views. This article analyzes the litigation crisis attitudes of a sample of civil jurors. Like the public, jurors endorsed a number of statements suggesting that there is a litigation crisis. Factor analysis identified two independent components: general concern over excessive litigation, and criticism of the civil jury. Litigation crisis views were found in all demographic and attitudinal subgroups. However, attitudes about the civil justice system were related to the respondent's political efficacy, claims consciousness, belief in …
Simple Calculations To Reduce Litigation Costs In Personal Injury Cases: Additional Empirical Support For The Offset Rule, R. A. L. Carter, John P. Palmer
Simple Calculations To Reduce Litigation Costs In Personal Injury Cases: Additional Empirical Support For The Offset Rule, R. A. L. Carter, John P. Palmer
Osgoode Hall Law Journal
This article demonstrates that if the nominal rate of interest equals the growth rate of nominal earnings, then a strong case can be made for calculating lump-sum damage awards by using the offset rule, i.e., by simply multiplying the annual loss by the number of years the loss is expected to continue. An examination of the Canadian data not only supports the offset rule, but also suggests that plaintiffs are being systematically undercompensated by rules currently in use.
Recovery Of Emotional Distress Damages In Aids-Phobia Cases: A Suggested Approach For Virginia, Edward Benedict Lumpkin
Recovery Of Emotional Distress Damages In Aids-Phobia Cases: A Suggested Approach For Virginia, Edward Benedict Lumpkin
Washington and Lee Law Review
No abstract provided.
Foundations Of The Duty To Rescue, Steven J. Heyman
Foundations Of The Duty To Rescue, Steven J. Heyman
All Faculty Scholarship
No abstract provided.
A Sheep In Wolf's Clothing: Territorialism In The Guise Of Interest Analysis In Cooney V. Osgood Machinery, Inc, Aaron Twerski
A Sheep In Wolf's Clothing: Territorialism In The Guise Of Interest Analysis In Cooney V. Osgood Machinery, Inc, Aaron Twerski
Faculty Scholarship
No abstract provided.
Review Of: National Research Council, Issues In Risk Assessment, Diane M. Albert
Review Of: National Research Council, Issues In Risk Assessment, Diane M. Albert
RISK: Health, Safety & Environment (1990-2002)
Review of: National Research Council, Issues in Risk Assessment (National Academy Press). Appendices, executive summary, figures, preface, references, tables. LC 92-61838; ISBN 0-309-04786-2. [374 pp. Paper $37.50 - S&H, $4 for first and $0.50 for each additional copy. 2101 Constitution Avenue, NW, Washington DC 20418.]
Punitive Damages Awards In Product Liability Litigation: Strong Medicine Or Poison Pill - Introduction, Aaron Twerski
Punitive Damages Awards In Product Liability Litigation: Strong Medicine Or Poison Pill - Introduction, Aaron Twerski
Faculty Scholarship
No abstract provided.
The Business Judgment Rule: Meaningless Verbiage Or Misguided Notion?, Franklin A. Gevurtz
The Business Judgment Rule: Meaningless Verbiage Or Misguided Notion?, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White
Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White
Other Publications
In my experience, lawyers begin negotiating only after the business people have decided upon the description and quality of the product, the time of delivery, and the mode and amount of payment. The lawyers are left with the pathological problems--who gets what in case of trouble. Most of those problems relate to the seller's responsibility if the product does not conform to the contract or otherwise fails to please the buyer. These failures can cause economic loss to the buyer, economic loss to a remote purchaser, or personal injury or property damage to immediate or remote parties. Third parties may …
Cates V. Cates: Illinois' "Solution" To Tort Litigation Between Parents And Children, Colleen M. Danaher
Cates V. Cates: Illinois' "Solution" To Tort Litigation Between Parents And Children, Colleen M. Danaher
Loyola University Chicago Law Journal
No abstract provided.
The Demise Of The Foreign-Natural Test In North Carolina - Goodman V. Wenco Foods, Leigh A. Aughenbaugh
The Demise Of The Foreign-Natural Test In North Carolina - Goodman V. Wenco Foods, Leigh A. Aughenbaugh
Campbell Law Review
This Note has several objectives. First, it will describe the origins, development, and rationale of both the foreign/natural and reasonable expectations test in other jurisdictions, as well as trace the growth of the former test in North Carolina and its eventual demise. In addition, it will analyze the court's decision, and examine the reasons given for it by comparing the decision to that of the recent national trend. Finally, this Note will explore the consequences of the court's decision and determine whether the course chosen was the proper one.
What The Supreme Court Giveth, The Supreme Court Taketh Away - Gardner V. Gardner, Alice Mcneer
What The Supreme Court Giveth, The Supreme Court Taketh Away - Gardner V. Gardner, Alice Mcneer
Campbell Law Review
This Note reviews the Ruark decision and the cases decided in the wake of its expansive "foreseeability" test. It then analyzes the court's application of the factors established in Ruark to the facts of Gardner and questions the court's failure to establish more specific standards for determining foreseeability in negligent infliction of emotional distress cases. Next, this Note explores the possible effects of Gardner. This Note concludes that the Court should have set forth clearer standards to better guide the lower courts in deciding when a plaintiff has stated a proper claim and suggests how the "foreseeability" test could …
A Punitive Damages Overview: Functions, Problems And Reform, David G. Owen
A Punitive Damages Overview: Functions, Problems And Reform, David G. Owen
Faculty Publications
No abstract provided.
The Draft Ali Product Liability Proposals: Progress Or Anachronism?, Oscar S. Gray
The Draft Ali Product Liability Proposals: Progress Or Anachronism?, Oscar S. Gray
Faculty Scholarship
No abstract provided.
A Paradigm For Sexual Harassment: Toward The Optimal Level Of Loss, Marie T. Reilly
A Paradigm For Sexual Harassment: Toward The Optimal Level Of Loss, Marie T. Reilly
Journal Articles
This article proposes a paradigm that draws from the common-law rule of negligence. It defines actionable sexual conduct in the workplace in terms of the cost of precautionary conduct and the increased safety such precaution would have yielded. Like the rule of negligence, the proposed paradigm creates incentives for men and women to take steps to prevent sexual conduct loss to the point at which the cost of an additional increment of precaution is equal to the value of the reduction in risk of loss. This point is the optimal level of precaution. After this point, additional precaution might further …