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- Negligence (8)
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- Products Liability (2)
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- Publication
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- Villanova Law Review (7)
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Articles 1 - 30 of 45
Full-Text Articles in Law
Defamation In Broadcasting, Keith R. Evans
Defamation In Broadcasting, Keith R. Evans
Dalhousie Law Journal
The law of defamation is not new to the world, nor limited to certain nations: Moses commanded: "Neither shalt thou bear false witness against thy neighbour." The Far East punished slander. The Twelve Tables of Rome recognized defamation. Early Anglo- Saxon and Germanic laws took a serious view of insult by word or gesture. Punishment included excision of the tongue. In England, a book on libel was written three hundred years ago. Under a French ordinance of the past century the publication of a libel was punished by whipping and on a second offence with death. ' Obviously, the consequences …
Tort Liability And Recreational Use Of Land, Michael S. Buskus
Tort Liability And Recreational Use Of Land, Michael S. Buskus
Buffalo Law Review
No abstract provided.
Auburn Machine Works Co. V. Jones, 366 So. 2d 1167 (Fla. 1979), Thomas R. Criss
Auburn Machine Works Co. V. Jones, 366 So. 2d 1167 (Fla. 1979), Thomas R. Criss
Florida State University Law Review
Torts-PRODUCTS LIABILITY- FLORIDA REJECTS THE PATENT DANGER DOCTRINE
Markert V. Johnston, 367 So. 2d 1003 (Fla. 1978), Jane Cameron Hayman
Markert V. Johnston, 367 So. 2d 1003 (Fla. 1978), Jane Cameron Hayman
Florida State University Law Review
Torts-CIVIL PROCEDURE- NONJOINDER OF MOTOR VEHICLE LIABILITY INSURERS HELD UNCONSTITUTIONAL
Intrafamily Tort Immunity In Virginia: A Doctrine In Decline, Evans L. King Jr.
Intrafamily Tort Immunity In Virginia: A Doctrine In Decline, Evans L. King Jr.
William & Mary Law Review
No abstract provided.
Comparative Causation, Indemnity, And The Allocation Of Losses Between Joint Tortfeasors In Products Liability Cases., Timothy Patton
Comparative Causation, Indemnity, And The Allocation Of Losses Between Joint Tortfeasors In Products Liability Cases., Timothy Patton
St. Mary's Law Journal
Abstract Forthcoming.
Recovery Of Consequential Damages In Breach Of Implied Warranty Action Disallowed To Extent Buyer's Negligence Was Concurring Proximate Cause., Karen Angelini
Recovery Of Consequential Damages In Breach Of Implied Warranty Action Disallowed To Extent Buyer's Negligence Was Concurring Proximate Cause., Karen Angelini
St. Mary's Law Journal
Abstract Forthcoming.
Applying Strict Liability To Defective Products Litigation In West Virginia With Explanatory Emphasis Upon Coal Mining Machinery Cases, Richard E. Rowe
Applying Strict Liability To Defective Products Litigation In West Virginia With Explanatory Emphasis Upon Coal Mining Machinery Cases, Richard E. Rowe
West Virginia Law Review
No abstract provided.
Economic Loss, 402a, And An Unreasonably Dangerous Product: Can Mid Continent Aircraft, Signal Oil, And Nobility Homes Be Reconciled., J. Nevin Shaffer Jr.
Economic Loss, 402a, And An Unreasonably Dangerous Product: Can Mid Continent Aircraft, Signal Oil, And Nobility Homes Be Reconciled., J. Nevin Shaffer Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Oliver Wendell Holmes And External Standards Of Criminal And Tort Liability: Application Of Theory On The Massachusetts Bench, William A. Lundquist
Oliver Wendell Holmes And External Standards Of Criminal And Tort Liability: Application Of Theory On The Massachusetts Bench, William A. Lundquist
Buffalo Law Review
No abstract provided.
Contractual Liability Of Physicians: The Interface Of Tort And Contract, David N. Wynn
Contractual Liability Of Physicians: The Interface Of Tort And Contract, David N. Wynn
Buffalo Law Review
No abstract provided.
Probability Theory Meets Res Ipsa Loquitur, David Kaye
Probability Theory Meets Res Ipsa Loquitur, David Kaye
Michigan Law Review
This Article uses probability theory normatively in an effort to clarify one aspect of the famous tort doctrine known as res ipsa loquitur. It does not urge that jurors be instructed in probability theory or be equipped with microprocessors. Rather, it seeks an accurate statement of the res ipsa doctrine in ordinary language. In particular, this Article will show that the conventional formulation of the doctrine is misleading at best, and should be replaced with a more careful statement of the conditions warranting the res ipsa inference. To this end, Section I briefly surveys the legal doctrine, or, more precisely, …
An Expert's Reputation, Malcolm Merry
An Expert's Reputation, Malcolm Merry
Dalhousie Law Journal
"Comment is free, but facts are sacred" is both a good working tale for journalists and a fairly accurate encapsulation of their obligations under the law of libel. The difficulty of course lies in sorting out fact from comment. It was this difficulty that faced the Nova Scotia courts in Barltrop v. Canadian Broadcasting Corporation, 1 and the appeal judges came up with a different answer from the trial judge. The case was one of the legal reverberations of the controversy about lead poisoning in Toronto during 1974. The C.B.C.'s programme "As It Happens" broadcast a special feature on the …
Recovery For Negligent Infliction Of Emotional Distress: Changing The Impact Rule In Indiana, David B. Millard
Recovery For Negligent Infliction Of Emotional Distress: Changing The Impact Rule In Indiana, David B. Millard
Indiana Law Journal
No abstract provided.
Mapoles V. Mapoles, 360 So. 2d 1137 (Fla. 1st Dist. Ct. App. 1977), Helio De La Torre
Mapoles V. Mapoles, 360 So. 2d 1137 (Fla. 1st Dist. Ct. App. 1977), Helio De La Torre
Florida State University Law Review
Torts-STRICT LIABILITY-DOG OWNERS VIRTUAL INSURERS FOR ANY DAMAGE CAUSED BY THEIR DOGS
Pain And Profit: The Politics Of Malpractice, Ruth L. Gokel
Pain And Profit: The Politics Of Malpractice, Ruth L. Gokel
Florida State University Law Review
By Sylvia Law and Steven Polan. New York: Harper & Row, Publishers. 1978. Pp xiv, 305. $12.95.
From Feres To Stencel: Should Military Personnel Have Access To Ftca Recovery, Michigan Law Review
From Feres To Stencel: Should Military Personnel Have Access To Ftca Recovery, Michigan Law Review
Michigan Law Review
This Note reevaluates the Feres doctrine in light of legal developments of the past three decades. It concludes that the FTCA should be extended to military claims. It discusses the arguments that military claims will burden vital government functions and shows that the exception to liability under the present FTCA, particularly the exception for "discretionary actions" by government employees, would adequately protect all legitimate military interests.
Refining The Traditional Theories Of Recovery For Consumer Mental Anguish, Val John Christensen
Refining The Traditional Theories Of Recovery For Consumer Mental Anguish, Val John Christensen
BYU Law Review
No abstract provided.
The Groundless Case - The Lawyer's Tort Duty To His Client And To The Adverse Party., E. Wayne Thode
The Groundless Case - The Lawyer's Tort Duty To His Client And To The Adverse Party., E. Wayne Thode
St. Mary's Law Journal
Abstract Forthcoming.
Either Spouse May Recover For Negligent Impairment Of Consortium., B. Will Clark
Either Spouse May Recover For Negligent Impairment Of Consortium., B. Will Clark
St. Mary's Law Journal
Abstract Forthcoming.
Survey Of Developments In West Virginia Law: 1978
Survey Of Developments In West Virginia Law: 1978
West Virginia Law Review
No abstract provided.
Products Liability: Developments In The Rule Of Successor Liability For Product-Related Injuries, Mary Annette Horan
Products Liability: Developments In The Rule Of Successor Liability For Product-Related Injuries, Mary Annette Horan
University of Michigan Journal of Law Reform
This article will briefly review the traditional principles of corporate law governing the assumption of liabilities in the acquisition of an ongoing business, and the doctrinal premises of strict products liability. Attention will then be critically directed to recent developments in case law in which the traditional rules have been modified to reflect the policy considerations of strict products liability. Finally, this article will discuss the possibility of legislative intervention in the development of new principles governing successor responsibility for products liability claims and propose that this problem is an appropriate subject for legislative rather than judicial action.
Birth Defects Caused By Parental Exposure To Workplace Hazards: The Interface Of Title Vii With Osha And Tort Law, Lynne Darcy
Birth Defects Caused By Parental Exposure To Workplace Hazards: The Interface Of Title Vii With Osha And Tort Law, Lynne Darcy
University of Michigan Journal of Law Reform
This article will examine the problem of workers' exposure to toxic substances that affect human reproductive functions in light of the applicable legal framework provided by tort law, the Occupational Safety and Health Act of 1970 (OSHA), and Title VII of the Civil Rights Act of 1964. What employers may do to deal with this problem under existing law, and possible resolutions of some apparent conflicts between the underlying purposes of these laws, will also be delineated. It is the position of this article that the competing interests of employers, workers, and workers' offspring must be harmonized not by excluding …
Shor V. Paoli, 353 So. 2d 825 (Fla. 1977), June Hinson Allen
Shor V. Paoli, 353 So. 2d 825 (Fla. 1977), June Hinson Allen
Florida State University Law Review
Torts-RIGHT OF CONTRIBUTION IS NOT BARRED BY DOCTRINE OF INTERSPOUSAL IMMUNITY IN FLORIDA.
The Law Of Interspousal Immunity In Ohio, James L. Deese
The Law Of Interspousal Immunity In Ohio, James L. Deese
Cleveland State Law Review
The purpose of this note will be to discuss Ohio's current position on interspousal immunity as well as the problems that are created by the retention of that doctrine.
Tort Claims Against The State: Comparative And Categorical Analyses Of The Ohio Court Of Claims Act And Interpretations Of The Act In Tort Litigation Against The State, Lawrence P. Wilkins
Tort Claims Against The State: Comparative And Categorical Analyses Of The Ohio Court Of Claims Act And Interpretations Of The Act In Tort Litigation Against The State, Lawrence P. Wilkins
Cleveland State Law Review
Upon passage of the Ohio Court of Claims Act of 1975, the State of Ohio waived its sovereign immunity and consented to be sued in a court established solely for that purpose. Within a relatively short period of time, the Ohio Court of Claims has made a significant imprint on the development of tort law in Ohio, distinguishing itself in its efforts to provide an effective forum for those injured by the state or one of its instrumentalities while defining the limits beyond which state liability for tortious conduct will not extend. As might be expected of a new court …
Contribution Among Joint Tortfeasors In Illinois: An Opportunity For Legislative And Judicial Cooperation, Nina S. Appel, Richard A. Michael
Contribution Among Joint Tortfeasors In Illinois: An Opportunity For Legislative And Judicial Cooperation, Nina S. Appel, Richard A. Michael
Loyola University Chicago Law Journal
No abstract provided.
Kelsay V. Motorola, Inc. : Tort Action For Retaliatory Discharge Upon Filing Workmen's Compensation Claims, 12 J. Marshall J. Prac. & Proc. 659 (1979), Elena Z. Kezelis
Kelsay V. Motorola, Inc. : Tort Action For Retaliatory Discharge Upon Filing Workmen's Compensation Claims, 12 J. Marshall J. Prac. & Proc. 659 (1979), Elena Z. Kezelis
UIC Law Review
No abstract provided.
Tort Liability That May Attach To Intellectual Property Licensing, 13 J. Marshall L. Rev. 105 (1979), W. R. Norris
Tort Liability That May Attach To Intellectual Property Licensing, 13 J. Marshall L. Rev. 105 (1979), W. R. Norris
UIC Law Review
No abstract provided.