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Mental Disabilities And Duty In Negligence Law: Will Neuroscience Reform Tort Doctrine?, Jean Eggen
Mental Disabilities And Duty In Negligence Law: Will Neuroscience Reform Tort Doctrine?, Jean Eggen
Jean M. Eggen
Recent developments in neuroscience may contribute to some long-needed changes in negligence law. One negligence rule in need of reform is the duty rule allowing physical disabilities to be considered in determining whether a party acted negligently, but disallowing mental disabilities for adult tortfeasors. Further, this bifurcated rule applies imposes an objective standard only on adults alleged to have acted negligently. A subjective standard applies to all parties in intentional torts and to children in negligence actions. Courts justify the bifurcated rule for adults on policy grounds, but these policy underpinnings are no longer valid in contemporary society. More accurate …
Aba Seer Tsca Preemption Of Private Rights Of Action Under Tsca And Tsca Legislation Briefing Paper, Charles L. Franklin, Lynn Bergeson, Lawrence E. Culleen, Mark N. Duvall, Jean M. Eggen, Maureen F. Gorsen, Eric P. Gotting, Martha E. Marrapese, Joanne Thelmo, Kirk Tracy, Jim Wedeking
Aba Seer Tsca Preemption Of Private Rights Of Action Under Tsca And Tsca Legislation Briefing Paper, Charles L. Franklin, Lynn Bergeson, Lawrence E. Culleen, Mark N. Duvall, Jean M. Eggen, Maureen F. Gorsen, Eric P. Gotting, Martha E. Marrapese, Joanne Thelmo, Kirk Tracy, Jim Wedeking
Jean M. Eggen
In reviewing the statute, regulations, guidance and case law utilized in implementing the Toxic Substances Control Act (TSCA), the ABA SEER Pesticide, Chemical Regulation and Right-to-Know Committee, with the support of the Section’s Special Committee on Congressional Relations, developed this paper on the interplay of federal statutory law and state common law to provide a frame of reference for the selection of statutory language regarding federal preemption, particularly in regards to the effect of the proposed statutory amendments on state tort actions. A tort suit is filed by a person who claims to have suffered an injury from a wrongful …