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Full-Text Articles in Law
The Tort Liability Of The Classroom Teacher, Stephen R. Ripps
The Tort Liability Of The Classroom Teacher, Stephen R. Ripps
Akron Law Review
THIS ARTICLE WILL DISCUSS the tort liabilities to which classroom teachers are exposed and predict future parameters of concern. The rules of law applicable to the tortious conduct of the classroom teachers equally affect elementary, secondary, and higher education instructors
Liability Of Liquor Vendors For Injuries To Intoxicated Persons, Kemock V. Mark Ii, Elinore Marsh
Liability Of Liquor Vendors For Injuries To Intoxicated Persons, Kemock V. Mark Ii, Elinore Marsh
Akron Law Review
In an opinion anticipating, in part, the advent of the comparative negligence standard in Ohio, Kemock v. Mark II extends common law liability to include liquor vendors who serve already intoxicated patrons who injure themselves and whose injury is the proximate result of continued alcohol consumption. Relying upon an earlier Ohio Supreme Court decision and a California Supreme Court case, the Court of Appeals of Ohio recognizes liability for vendor negligence which damages the drinker. The test for recovery is one not previously applied in cases of this sort in Ohio; one which measures liability by balancing degrees of each …
What Makes The Collateral Source Rule Different?, Michael B. Kelly
What Makes The Collateral Source Rule Different?, Michael B. Kelly
Akron Law Review
Tort liability forces parties engaged in risk-producing activities to internalize the costs that the activities impose on those adversely affected by the risks they create. Rational parties should take precautions to reduce those risks rather than pay the costs the risks cause – at least up to the point that further reductions would cost more than the harms they would prevent. How could reforms that reduce liability, and thus force parties to internalize a lower portion of the costs suffered as a result of the risks they create, produce a decrease in fatal accidents? Part I below briefly considers this …
Using It For All It's Wuerth: A Critical Analysis Of National Union Fire Insurance Company Of Pittsburgh V. Wuerth As Applied To Medical Malpractice In Ohio, Christy L. Wesig
Using It For All It's Wuerth: A Critical Analysis Of National Union Fire Insurance Company Of Pittsburgh V. Wuerth As Applied To Medical Malpractice In Ohio, Christy L. Wesig
Akron Law Review
This essay discusses the application of this new limitation to the field of medical malpractice, the divergent results reached by Ohio’s appellate courts in the medical negligence and malpractice context since Wuerth, and the various treatments by other jurisdictions. This essay argues that the holding in Wuerth narrowly applies only to law firms, and that applying it to medical malpractice results in a reversal of the settled Ohio law and injustice for those injured by the negligence of medical professionals. Part II examines the history of hospital liability and traces the changes in vicarious liability up to the Wuerth decision. …
A Sea Change In Creditor Priorities, Kristen Van De Biezenbos
A Sea Change In Creditor Priorities, Kristen Van De Biezenbos
University of Michigan Journal of Law Reform
This Article argues that the operation of maritime law undermines a primary justification for creditor priorities under U.S. law. Under current law, when a debtor becomes insolvent, its secured creditors will be paid the full amount of their debt to the extent of their security interest, even if that leaves nothing to pay unsecured creditors. This is controversial with respect to involuntary unsecured creditors, particularly those with tort claims against the debtor. Defenders of this scheme of priorities have argued that allowing greater priority to involuntary creditors would hinder the availability or increase the cost of credit. However, involuntary creditors …
Whose Best Interest Is It Anyway?: School Administrators' Liability For Student Injury In Virginia, Alison Landry
Whose Best Interest Is It Anyway?: School Administrators' Liability For Student Injury In Virginia, Alison Landry
Catholic University Law Review
In 2012 the Supreme Court of Virginia declined to recognize a special relationship between a school’s vice principal and the school’s students. Without the third person liability that accompanies special relationships, a vice principal is allowed to put student safety at the bottom of his to-do list. This Note analyzes why the Supreme Court of Virginia’s decision in Burns v. Gagnon should have found that a special relationship existed between a vice principal and his students. Declining to recognize this special relationship has left school administrators with little risk of liability for a student’s harm. This Note discusses the few …