Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Crime Spectators And The Tort Of Objectification, Amelia J. Uelmen
Crime Spectators And The Tort Of Objectification, Amelia J. Uelmen
University of Massachusetts Law Review
Reports of how some bystanders interact with victims on the scene of an emergency are shocking. Instead of assisting or calling for help, these individuals take pictures or recordings of the victims on their cell phones. This Article concentrates on the question of whether such an interaction with a victim might in certain circumstances constitute a distinct and legally actionable harm. This Article proposes a new tort: exploitative objectification of a person in need of emergency assistance. It works to articulate the moral and legal foundations for an argument that treating a person in need of emergency assistance as an …
Extracting Medical Injury Information From The Legal System To Improve Patient Safety In The Health System: A Social Utility Approach, Mary Chaffee
University of Massachusetts Law Review
As many as 400,000 people die each year, and a million are injured, by preventable medical injuries sustained in the U.S. health system. Collection of data to enhance understanding of how unintended medical injuries happen is an essential part of harm-reduction strategies. While health system data collection and reporting processes have improved in recent years, the scope and intractability of the medical injuries problem demands new efforts. The legal system could contribute valuable medical injury data to patient safety efforts but current practices largely prevent it. In medical malpractice claims where parties settle, case information is routinely protected from disclosure …
Benevolent Maleficence:How A Well-Intentioned Legislature And A Deferential Court Combined To Stunt The Development Of Massachusetts Product Liability Law, Philip E. Cleary
Benevolent Maleficence:How A Well-Intentioned Legislature And A Deferential Court Combined To Stunt The Development Of Massachusetts Product Liability Law, Philip E. Cleary
University of Massachusetts Law Review
Massachusetts product liability law is unusual. Unlike most states, Massachusetts does not recognize strict tort liability in the product area. Rather, "strict product liability" is limited to breaches of warranty under Article 2 of the Uniform Commercial Code. the Massachusetts Legislature amended Article 2 in several ways to provide a "strict liability" remedy that is, in the words of the Massachusetts Supreme Judicial Court, "congruent in nearly all respects with the principles" of strict tort liability. The court has construed the amendments to the UCC as precluding the adoption of strict tort liability in Massachusetts. In most ways, Massachusetts product …