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Full-Text Articles in Law

Letting The Apes Run The Zoo: Using Tort Law To Provide Animals With A Legal Voice, Tania Rice May 2013

Letting The Apes Run The Zoo: Using Tort Law To Provide Animals With A Legal Voice, Tania Rice

Pepperdine Law Review

Science is increasingly showing us that animals have many cognitive similarities with humans. In addition to calls for changes in our animal protection statutes, members of the legal community have begun debating over whether animals, or a certain category of animals, should be granted legal rights. This approach has the potential for drastic societal ramifications. David S. Favre has proposed a tort action for animals as a compromise to the animal rights debate. This Comment explores the different approaches to seeking improved conditions for animals, and proposes an adjusted tort cause of action in response to criticisms of Favre's tort.


Steed V. Imperial Airlines, Clay Plotkin May 2013

Steed V. Imperial Airlines, Clay Plotkin

Pepperdine Law Review

No abstract provided.


The Battered Child Syndrome, Jerry A. Ramsey, Byron J. Lawler May 2013

The Battered Child Syndrome, Jerry A. Ramsey, Byron J. Lawler

Pepperdine Law Review

No abstract provided.


The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr. May 2013

The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr.

Pepperdine Law Review

No abstract provided.


Infant Pain And Suffering: The Valuation Dilemma, Peter N. Kalionzes May 2013

Infant Pain And Suffering: The Valuation Dilemma, Peter N. Kalionzes

Pepperdine Law Review

No abstract provided.


Remedy For The Intentional Torts Of A Workmen's Compensation Carrier, Everett E. Demler May 2013

Remedy For The Intentional Torts Of A Workmen's Compensation Carrier, Everett E. Demler

Pepperdine Law Review

No abstract provided.


Losing The Struggle To Define The Proper Balance Between The Law Of Defamation And The First Amendment - Gertz V. Robert Welch, Inc.: One Step Forward, Two Steps Back, Douglas B. Large, Kristopher Kallman May 2013

Losing The Struggle To Define The Proper Balance Between The Law Of Defamation And The First Amendment - Gertz V. Robert Welch, Inc.: One Step Forward, Two Steps Back, Douglas B. Large, Kristopher Kallman

Pepperdine Law Review

No abstract provided.


A Prescription Warning, Carlton Lee Harpst May 2013

A Prescription Warning, Carlton Lee Harpst

Pepperdine Law Review

No abstract provided.


The Landlord's Tort Liability For Injuries Caused By Defects Upon The Demised Premises , Michael K. Mckibbin May 2013

The Landlord's Tort Liability For Injuries Caused By Defects Upon The Demised Premises , Michael K. Mckibbin

Pepperdine Law Review

No abstract provided.


California's Response For Wrongful Death Of A Stillborn Fetus: Justus V. Atchison, Phyllis A. Dow May 2013

California's Response For Wrongful Death Of A Stillborn Fetus: Justus V. Atchison, Phyllis A. Dow

Pepperdine Law Review

No abstract provided.


Comparative Fault And Strict Products Liability: Are They Compatible?, C. R. Hickey May 2013

Comparative Fault And Strict Products Liability: Are They Compatible?, C. R. Hickey

Pepperdine Law Review

No abstract provided.


Management's Right To Resort To Injunctive Relief And Self-Help In Order To Prevent Trespassory Union Activity: An Examination Of May Department Stores Co. V. Teamsters Union Local No. 743, Frank J. D'Oro Jr May 2013

Management's Right To Resort To Injunctive Relief And Self-Help In Order To Prevent Trespassory Union Activity: An Examination Of May Department Stores Co. V. Teamsters Union Local No. 743, Frank J. D'Oro Jr

Pepperdine Law Review

No abstract provided.


Emergence Of The "Tender Years" Doctrine: Too Young To Drink, But Capable Of Escaping The Civil Consequences?, William R. Slomanson May 2013

Emergence Of The "Tender Years" Doctrine: Too Young To Drink, But Capable Of Escaping The Civil Consequences?, William R. Slomanson

Pepperdine Law Review

No abstract provided.


Workers' Compensation: Alternatives Are Limited, Irvin Stander Apr 2013

Workers' Compensation: Alternatives Are Limited, Irvin Stander

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Remedies In The Field Of Toxic Torts, Janet L. Heller Apr 2013

Administrative Remedies In The Field Of Toxic Torts, Janet L. Heller

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Managed Care Grievance Procedures: The Dilemma And The Cure , Joyce Krutick Craig Apr 2013

Managed Care Grievance Procedures: The Dilemma And The Cure , Joyce Krutick Craig

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The September 11th Victim Compensation Fund Of 2001: A Better Alternative To Litigation?, Wendy Floering Apr 2013

The September 11th Victim Compensation Fund Of 2001: A Better Alternative To Litigation?, Wendy Floering

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Supreme Court's Bright Line Ruling In Riegel V. Medtronic, Inc. Gives Manufacturers Of Defective Medical Devices Broad Immunity, Sadaf Bathaee Apr 2013

The Supreme Court's Bright Line Ruling In Riegel V. Medtronic, Inc. Gives Manufacturers Of Defective Medical Devices Broad Immunity, Sadaf Bathaee

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Is The Doctor In? The Contemptible Condition Of Immigrant Detainee Healthcare In The U.S. And The Need For A Constitutional Remedy, Kate Bowles Mar 2013

Is The Doctor In? The Contemptible Condition Of Immigrant Detainee Healthcare In The U.S. And The Need For A Constitutional Remedy, Kate Bowles

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Safeway Stores, Inc. V. Nest-Kart: The Culmination Of Li V. Yellow Cab Co., David R. Haglund Feb 2013

Safeway Stores, Inc. V. Nest-Kart: The Culmination Of Li V. Yellow Cab Co., David R. Haglund

Pepperdine Law Review

No abstract provided.


Another Citadel Has Fallen - This Time The Plaintiff's. California Applies Comparative Negligence To Strict Products Liability, Thomas G. Gehring Feb 2013

Another Citadel Has Fallen - This Time The Plaintiff's. California Applies Comparative Negligence To Strict Products Liability, Thomas G. Gehring

Pepperdine Law Review

No abstract provided.


Punitive Damages In Product Liability Cases , Mark P. Robinson Jr., Gerald H.B. Kane Jr. Feb 2013

Punitive Damages In Product Liability Cases , Mark P. Robinson Jr., Gerald H.B. Kane Jr.

Pepperdine Law Review

No abstract provided.


Allocation Of Responsibility After American Motorcycle Association V. Superior Court, Erwin E. Adler Feb 2013

Allocation Of Responsibility After American Motorcycle Association V. Superior Court, Erwin E. Adler

Pepperdine Law Review

In its landmark case of Li v. Yellow Cab Co., the California Supreme Court judicially adopted the doctrine of comparative negligence in an action involving a plaintiff and a single defendant. The court in Li specifically avoided making any decision concerning the numerous issues which would be involved in a multi-party action: the relationship of multiple defendants with one another, the right of one defendant to join others for the purpose of sharing payment of the judgment, the respective responsibilities of such parties for the judgment (including those insolvent, partially solvent or possessing an immunity), and the procedure for the …


Extending The Liability Of Insurers For Bad Faith Acts: Royal Globe Insurance Company V. Superior Court, Michael Tancredi Feb 2013

Extending The Liability Of Insurers For Bad Faith Acts: Royal Globe Insurance Company V. Superior Court, Michael Tancredi

Pepperdine Law Review

No abstract provided.


Truman V. Thomas: The Rise Of Informed Refusal, Thomas M. O'Neil Feb 2013

Truman V. Thomas: The Rise Of Informed Refusal, Thomas M. O'Neil

Pepperdine Law Review

Truman v. Thomas addresses the issue of whether or not a physician must inform a patient of the possible consequences of her refusal to submit to a diagnostic test. The California Supreme Court has determined that a physician has such a duty, and the author provides an examination of this decision and a view of previous case law in the area of informed consent. Although increasing the physician's burden of disclosure, the decision can be seen as a continuation of the trend of cases allowing patients more control over the care of their own bodies.


California Expands Tort Liability Under The Novel Market Share Theory: Sindell V. Abbott Laboratories, N. Denise Taylor Feb 2013

California Expands Tort Liability Under The Novel Market Share Theory: Sindell V. Abbott Laboratories, N. Denise Taylor

Pepperdine Law Review

The California Supreme Court, in the novel and unprecedented case of Sindell v. Abbott Laboratories, eliminated the plaintiffs burden of identification of a negligent party, and thus the causation requirement, in a multiple party tort action. In the course of this decision, the court adopted the "market share" theory of liability which dictated in Sindell that nonidentifiable defendant-manufacturers of the generic drug DES would be liable for the damages in proportion to their share of business in the market. The author thoroughly examines various theories of recovery, such as "alternative liability," "concert of action" and "enterprise liability," which the court …


Molien V. Kaiser Foundation Hospitals: Negligent Infliction Of Emotional Distress, Michael P. Messina Feb 2013

Molien V. Kaiser Foundation Hospitals: Negligent Infliction Of Emotional Distress, Michael P. Messina

Pepperdine Law Review

In Molien v. Kaiser Foundation Hospitals, the California Supreme Court recognized that the interest in freedom from negligent infliction of mental distress is a protectable interest, and that an accompanying physical injury need not exist in order to recover damages. The author presents a discussion of the history and policies behind the right to recover from negligently inflicted emotional distress. The author also discusses and analyzes the court's opinion in Molien and agrees with the court that the fears of opening the floodgate of litigation which before Molien precluded recovery, was arbitrary. Finally, the author concludes that the holding is …


World-Wide Volkswagen Corporation V. Woodson: Minimum Contacts In A Modern World, Craig H. Millet Feb 2013

World-Wide Volkswagen Corporation V. Woodson: Minimum Contacts In A Modern World, Craig H. Millet

Pepperdine Law Review

World Wide Volkswagen Corporation v. Woodson considers the problem of modifying in personam jurisdiction to comply with the changing nature of the American economy. Several lower courts had adjusted the "minimum contacts" test of International Shoe Co. v. Washington to allow for the differences in modern economic lifestyle, but a uniformity amongst the various approaches was lacking. Rather than synthesize a contemporary test for the assertion of in personam jurisdiction, the World- Wide Court chose to place state sovereignty above modern commercial realities and adhere to a more rigid application of the minimum contacts analysis. The author takes issue with …


Police Shootings - Administrative Law As A Method Of Control Over Police: Peterson V. City Of Long Beach, James Wright Feb 2013

Police Shootings - Administrative Law As A Method Of Control Over Police: Peterson V. City Of Long Beach, James Wright

Pepperdine Law Review

Professor Kenneth Davis has long advocated that police manuals should be viewed as interpretative administrative rules, which would guide police in their daily activities. He argued that police departments should not fear adopting interpretative rules because such rules would not be binding; therefore, the department would not be subject to tort liability if an officer violated such a rule. In Peterson v. City of Long Beach, a police officer violated the police manual when he shot and killed a non-violent fleeing suspect. The California Supreme Court, in an opinion by Justice Frank Newman, cited Professor Davis and his call for …


Corporate Homicide: The Stark Realities Of Artificial Beings And Legal Fictions , Douglas S. Anderson Feb 2013

Corporate Homicide: The Stark Realities Of Artificial Beings And Legal Fictions , Douglas S. Anderson

Pepperdine Law Review

In the aftermath of one of the most highly publicized trials in product liability annals-the celebrated Pinto case-the legal question raised by that litigation remains unresolved. Controversy continues as to whether a corporation should be convicted of homicide when it knowingly markets an unsafe product that results in death. Today the answer is a resounding "no", in light of state statutes defining homicide as the killing of one human being by another, difficulties in finding the requisite criminal intent; and the practical problems of placing a legal fiction behind bars. However, there are recent indications that these present obstacles to …