Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Torts

Journal

1980

Institution
Keyword
Publication

Articles 1 - 30 of 75

Full-Text Articles in Law

Defamation And The First Amendment: Protecting Speech On Public Issues, Bruce J. Borrus Dec 1980

Defamation And The First Amendment: Protecting Speech On Public Issues, Bruce J. Borrus

Washington Law Review

The common law of defamation collided with the United States Constitution in New York Times Co. v. Sullivan, and aftershocks from that collision have been rumbling for sixteen years. Ever since the New York Times Court asserted that the first and fourteenth amendments impose restraints on a state's power to afford a civil remedy for wrongful injury to reputation, the Supreme Court has been torn between its concern for personal reputation and its competing concern for free expression. The difficulty of resolving the conflict between these two concerns has forced the Court to decide a long line of cases …

Go to article

Defamation And The First Amendment: Protecting Speech On Public Issues, Bruce J. Borrus Dec 1980

Defamation And The First Amendment: Protecting Speech On Public Issues, Bruce J. Borrus

Washington Law Review

The common law of defamation collided with the United States Constitution in New York Times Co. v. Sullivan, and aftershocks from that collision have been rumbling for sixteen years. Ever since the New York Times Court asserted that the first and fourteenth amendments impose restraints on a state's power to afford a civil remedy for wrongful injury to reputation, the Supreme Court has been torn between its concern for personal reputation and its competing concern for free expression. The difficulty of resolving the conflict between these two concerns has forced the Court to decide a long line of cases in …

Go to article

Lex Loci Delicti And Dissimilarity Doctrine Abandoned And Most Significant Relationship Test Adopted., Patrick B. Tobin Dec 1980

Lex Loci Delicti And Dissimilarity Doctrine Abandoned And Most Significant Relationship Test Adopted., Patrick B. Tobin

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Torts, Jerry B. Blackstock, Steven B. Licata Dec 1980

Torts, Jerry B. Blackstock, Steven B. Licata

Mercer Law Review

This article seeks to point out, examine, and comment on the significant developments in Georgia tort law during the period from June 1979 through May 1980. Of course, with over 300 appellate cases decided in this area during one year, every case is not included, and we have endeavored to exercise our best judgment to include only the cases of significance to the practitioner.

Go to article

Survey Of Developments In West Virginia Law: 1980 Dec 1980

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.

Go to article

Encouraging Safety: The Limits Of Tort Law And Government Regulation, Richard J. Pierce, Jr. Nov 1980

Encouraging Safety: The Limits Of Tort Law And Government Regulation, Richard J. Pierce, Jr.

Vanderbilt Law Review

Society wants more expenditures to reduce the risks of injury,illness, and premature death associated with many activities, but simultaneously it wants the fruits of those activities to continue to be available at a low cost. To some extent, these goals are inherently in conflict. On occasion society may give vitality to the slogan that human life has an infinite value, but it can do so only in narrow contexts and for brief periods. More often, artful self-deception is practiced to create the appearance of adhering to an impossible, but widely held, ideal, while in actuality lives are balanced against dollars. …

Go to article

Toxic Substance Contamination: The Risk-Benefit Approach To Causation Analysis, Bradford W. Kuster Oct 1980

Toxic Substance Contamination: The Risk-Benefit Approach To Causation Analysis, Bradford W. Kuster

University of Michigan Journal of Law Reform

This article argues that the dilemma described above requires change and proposes a new standard for causation in this type of toxic contamination case. Part I examines the difficulties posed by conventional common law relief mechanisms, and the inadequacies of existing statutory relief mechanisms. Part II scrutinizes a more lenient burden of proof standard, the risk-benefit approach, which some courts have applied when faced with situations involving scientific uncertainties. The risk-benefit approach will be applied to causation analysis in the context of damage recoveries, using the. Hemlock, Michigan, situation as a case study. Part III discusses present congressional proposals, and …

Go to article

The Involuntary Public Figure Class Of Gertz V. Robert Welch: Dead Or Merely Dormant?, Dale K. Nichols Oct 1980

The Involuntary Public Figure Class Of Gertz V. Robert Welch: Dead Or Merely Dormant?, Dale K. Nichols

University of Michigan Journal of Law Reform

This article does not resolve the debate over involuntary public figures but argues instead that in light of the Court's pronouncements in Firestone, Hutchinson and Walston, the involuntary class should be abolished. Part I briefly traces the evolution and significance of public figure status in defamation law, and reviews various interpretations of the involuntary public figure references in Gertz. Part II examines the status of the involuntary class after Firestone, Hutchinson and Walston, and discusses the extent to which future use of the class remains logically consistent with those decisions. Finally, the article considers the merits of …

Go to article

Negligent Infliction Of Emotional Distress: Keeping Dillon In Bounds Sep 1980

Negligent Infliction Of Emotional Distress: Keeping Dillon In Bounds

Washington and Lee Law Review

No abstract provided.

Go to article

Seamen's Death Actions Under The Jones Act, Dohsa, And The General Maritime Law: A Comparison Sep 1980

Seamen's Death Actions Under The Jones Act, Dohsa, And The General Maritime Law: A Comparison

Washington and Lee Law Review

No abstract provided.

Go to article

Maryland's Equal Rights Amendment Challenges The Common Law Action Of Criminal Conversation: Kline V. Ansell, Mckay Marsden Sep 1980

Maryland's Equal Rights Amendment Challenges The Common Law Action Of Criminal Conversation: Kline V. Ansell, Mckay Marsden

BYU Law Review

No abstract provided.

Go to article

Advertising The Economics Of High Jury Awards: The Insurance Industry's Bid For Prospective Jurors To Tighten Their Purse Strings Sep 1980

Advertising The Economics Of High Jury Awards: The Insurance Industry's Bid For Prospective Jurors To Tighten Their Purse Strings

Washington and Lee Law Review

No abstract provided.

Go to article

The Loneliness Of The Long Distance Statute, The Alien Tort Claims Act, 28 U.S.C. § 1350 Sep 1980

The Loneliness Of The Long Distance Statute, The Alien Tort Claims Act, 28 U.S.C. § 1350

Washington and Lee Law Review

No abstract provided.

Go to article

Johnson V. Bathey, 376 So. 2d 848 (Fla. 1979), Robert Santos Jul 1980

Johnson V. Bathey, 376 So. 2d 848 (Fla. 1979), Robert Santos

Florida State University Law Review

Torts-ATTRACTIVE NUISANCE IN FLORIDA: AN UNATTRACTIVE NUISANCE

Go to article

Tort Indemnity In Florida, Gerald T. Wetherington Jul 1980

Tort Indemnity In Florida, Gerald T. Wetherington

Florida State University Law Review

No abstract provided.

Go to article

Pursuing A Cause Of Action In Hazardous Waste Pollution Cases, Mary Margaret Fabic Jul 1980

Pursuing A Cause Of Action In Hazardous Waste Pollution Cases, Mary Margaret Fabic

Buffalo Law Review

No abstract provided.

Go to article

Informed Consent In Washington: Expanded Scope Of Material Facts That The Physician Must Disclose To His Patient, Edwin Rauzi Jun 1980

Informed Consent In Washington: Expanded Scope Of Material Facts That The Physician Must Disclose To His Patient, Edwin Rauzi

Washington Law Review

Part I of this comment charts the current contours of the informed consent doctrine and traces the general pro-plaintiff shift which has developed since Washington recognized the tort a decade ago. The model used to illustrate this shift is a continuum, with the poles representing doctrinal and social policy choices favorable either to the plaintiff-patient or to the defendant-physician. Part II examines the expanded scope of the physician's duty to disclose material facts. This comment posits that the material facts which the physician must disclose to his patient are the risks involved in a proposed treatment, the alternatives to the …

Go to article

Torts—Wrongful Birth—New Jersey Recognizes Emotional Distress Damages In A Wrongful Birth Action Involving A Deformed Child—Berman V. Allan, 80 N.J. 421, 404 A.2d (1979), T. Ryan Durkan Jun 1980

Torts—Wrongful Birth—New Jersey Recognizes Emotional Distress Damages In A Wrongful Birth Action Involving A Deformed Child—Berman V. Allan, 80 N.J. 421, 404 A.2d (1979), T. Ryan Durkan

Washington Law Review

This note begins by reviewing developments that created the legal and social setting for the Berman decision. After analyzing the court's opinion the focus shifts to the issue of damages. A valuation scheme is then proposed to effectuate the conclusion that both pecuniary and emotional damages should be awarded in wrongful birth actions involving impaired children.

Go to article

Settlement Strategy, Evaluation, And Brochures Lawyer's Forum - Settlements - New Perspectives., James L. Branton Jun 1980

Settlement Strategy, Evaluation, And Brochures Lawyer's Forum - Settlements - New Perspectives., James L. Branton

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Election Of Remedies And Settlement - New Lyrics To An Outworn Tune Lawyer's Forum - Settlements - New Perspectives., Les Mendelsohn Jun 1980

Election Of Remedies And Settlement - New Lyrics To An Outworn Tune Lawyer's Forum - Settlements - New Perspectives., Les Mendelsohn

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Products Liability: Manufacturer's Liability For Products Not Unreasonably Dangerous When Originally Marketed - A Commentary On Bell Helicopter Company V. Bradshaw., Keith B. O'Connell Jun 1980

Products Liability: Manufacturer's Liability For Products Not Unreasonably Dangerous When Originally Marketed - A Commentary On Bell Helicopter Company V. Bradshaw., Keith B. O'Connell

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Contribution And Indemnity Between Negligent And Strictly Liable Tortfeasors Lawyer's Forum - Settlements - New Perspectives., James B. Sales Jun 1980

Contribution And Indemnity Between Negligent And Strictly Liable Tortfeasors Lawyer's Forum - Settlements - New Perspectives., James B. Sales

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Contribution Among Antitrust Defendants, Jane G. Parks May 1980

Contribution Among Antitrust Defendants, Jane G. Parks

Vanderbilt Law Review

This Recent Development argues that no single federal common law rule of contribution exists and that federal securities law decisions provide the best analogy from which to imply a right of contribution under the antitrust laws. Thus, the Recent Development proposes that the Supreme Court should fashion a rule permitting contribution among antitrust defendants.

Go to article

Constitutional Law-Defamation-The Supreme Court Places Further Limitations On Designation As A "Public Figure" In Libel Actions- Wolston V. Reader's Digest Association, 443 U.S. 147 (1979) May 1980

Constitutional Law-Defamation-The Supreme Court Places Further Limitations On Designation As A "Public Figure" In Libel Actions- Wolston V. Reader's Digest Association, 443 U.S. 147 (1979)

BYU Law Review

No abstract provided.

Go to article

The Duty To Rescue In Tort Law: Implications Of Research On Altruism, Viloa C. Brady Apr 1980

The Duty To Rescue In Tort Law: Implications Of Research On Altruism, Viloa C. Brady

Indiana Law Journal

No abstract provided.

Go to article

Commercial Carrier Corp. V. Indian River County, 371 So. 2d 1010 (Fla. 1979), S. Stockwell Stoutamire Apr 1980

Commercial Carrier Corp. V. Indian River County, 371 So. 2d 1010 (Fla. 1979), S. Stockwell Stoutamire

Florida State University Law Review

Torts-THE DOCTRINE OF SOVEREIGN IMMUNITY IS ALIVE AND WELL

Go to article

Rethinking The Policies Of Strict Products Liability, David G. Owen Apr 1980

Rethinking The Policies Of Strict Products Liability, David G. Owen

Vanderbilt Law Review

In the evolution of products liability law, therefore,should be the time for doing what usually comes late in the common-law process: to develop a system of fundamental social values and goals to be protected and advanced by the law in this area. Broadly stated, an appropriate balance between individual liberty and social welfare needs to be struck within a fair and workable adjudicatory system. Once a jurisprudential basis of this type has been set, we may then begin to develop a consistent set of principles tailored to this area of the law. It will then be possible to construct one …

Go to article

Defining The Government's Duty Under The Federal Tort Claims Act, Thomas A. Varlan Apr 1980

Defining The Government's Duty Under The Federal Tort Claims Act, Thomas A. Varlan

Vanderbilt Law Review

This Recent Development traces the Supreme Court's development of the analogous private liability test and examines the recent cases applying this test. The Recent Development then analyzes the divergent approaches taken in these cases and attempts to determine when an actionable duty arises under the Act.

Go to article

On Product "Design Defects" And Their Actionability, John W. Wade Apr 1980

On Product "Design Defects" And Their Actionability, John W. Wade

Vanderbilt Law Review

This Article has tried to explain and discuss these developments, to evaluate them, to show their relationship to the general state of the law, and to make suggestions on how far they should affect its future development. At present, the question of "design defects" and the determination of when a product is actionable because of the nature of its design appears to be the most agitated and controversial question before the courts in the field of products liability. I hope that this Article can be of some help to the courts in seeking to develop the most suitable answer to …

Go to article

Reconsidering Plaintiff's Fault In Product Liability Litigation: The Proposed Conscious Design Choice Exception, Vincent S. Walkowiak Apr 1980

Reconsidering Plaintiff's Fault In Product Liability Litigation: The Proposed Conscious Design Choice Exception, Vincent S. Walkowiak

Vanderbilt Law Review

The Uniform Comparative Fault Act, drafted by the National Conference of Commissioners on Uniform State Laws, was approved by the Commissioners in 1977. Dean John W. Wade was Chairman of the special committee that drafted the Act. The Act is a comparative-fault, rather than a comparative-negligence, act; it applies to all nonintentional torts, including products liability actions, whether they are based on negligence, breach of warranty,or strict tort liability. The Act seeks to address the problem of the relationship between the doctrines of comparative negligence and strict liability for products by permitting plaintiff's fault to effect a proportional reduction in …

Go to article

Next Last