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- Keyword
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- Publication
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- Washington Law Review (6)
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Articles 1 - 30 of 54
Full-Text Articles in Law
Community Property—Washington Allows Separate Tort Recovery From Community Property—Deelche V. Jacobsen, 95 Wn. 2d 237, 622 P.2d 835 (1980), Elizabeth Jane Blagg
Community Property—Washington Allows Separate Tort Recovery From Community Property—Deelche V. Jacobsen, 95 Wn. 2d 237, 622 P.2d 835 (1980), Elizabeth Jane Blagg
Washington Law Review
With the deElche decision, Washington joined the majority of community property states, but did not address several important questions, which will be the subject of this note. This note begins by reviewing prior case law and the structure of community property ownership in general. An analysis of the majority and dissenting opinions in deElche follows. The majority's reasoning and the impact of the decision will then be analyzed. The note concludes that the deElche holding is basically sound, but that the lack of clarity in the opinion leaves several community property questions unsettled.
Intramilitary Immunity And Constitutional Torts, Michigan Law Review
Intramilitary Immunity And Constitutional Torts, Michigan Law Review
Michigan Law Review
This Note examines the reasoning underlying these conflicting approaches and concludes that a general rule of qualified immunity, which more fully protects the constitutional rights of members of the armed forces, is also consistent with the legitimate needs of the military establishment. Part I demonstrates that courts considering the scope of immunity in constitutional tort cases cannot rely blindly upon the rules and policies applicable in nonconstitutional cases, but must also accommodate the constitutional interests. Part II applies this principle to cases involving military officers. It argues in Section A that Feres v. United States does not support an absolute …
The Merger Of Comparative Fault Principles With Strict Liability In Utah: Mulherin V. Ingersoll -Rand Co., Jeff L. Mangum
The Merger Of Comparative Fault Principles With Strict Liability In Utah: Mulherin V. Ingersoll -Rand Co., Jeff L. Mangum
BYU Law Review
No abstract provided.
Products Liability - An Analysis Of Market Share Liability, David A. Fischer
Products Liability - An Analysis Of Market Share Liability, David A. Fischer
Vanderbilt Law Review
This Article examines the market share liability theory to determine whether it can achieve the objective of treating both parties fairly. Although courts in the past have relaxed the plaintiff's burden of proof on the element of causation in fact, the question remains whether this relaxation is appropriate in DES cases, and,if so, whether market share liability is the most equitable method of implementing the relaxation. This Article suggests that the market share liability theory contains several serious flaws that render it unsuitable as a means for allowing plaintiffs to recover in DES cases. The Article criticizes the theory for …
"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire
"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire
West Virginia Law Review
We begin with the proposition that the right of freedom of thought protected by the First Amendment against State action includes both the right to speak freely and the right to refrain from speaking at all. A system which secures the right to proselytize religious, political and ideological causes must also guarantee the concomitant right to decline to foster such concepts. The right to speak and the right to refrain from speaking are complementary components of the broader concept of 'individual freedom of mind.' Anguished parents and sympathetic judges; concerned attorneys and psychologists; reality-inducing therapists, police officers and adult or …
The Virginia Conspiracy Statute Part Ii: Liability Of Conspirators For Compelling Another To Act Against His Will Or Constraining Another From Doing A Lawful Act, Joseph E. Ulrich, Killis T. Howard
The Virginia Conspiracy Statute Part Ii: Liability Of Conspirators For Compelling Another To Act Against His Will Or Constraining Another From Doing A Lawful Act, Joseph E. Ulrich, Killis T. Howard
Washington and Lee Law Review
No abstract provided.
State Of The Art Evidence Admissible To Rebut Evidence Of Feasible Design Alternatives., Patricia Mary Mcentee
State Of The Art Evidence Admissible To Rebut Evidence Of Feasible Design Alternatives., Patricia Mary Mcentee
St. Mary's Law Journal
Abstract Forthcoming.
Doctrine Of Common Law Indemnity Abolished In Negligence Cases As Inconsistant With The Comparative Negligence And Contribution Statute., Scott Jackson Duncan
Doctrine Of Common Law Indemnity Abolished In Negligence Cases As Inconsistant With The Comparative Negligence And Contribution Statute., Scott Jackson Duncan
St. Mary's Law Journal
Abstract Forthcoming.
Product Separability In Franchise Tying Arrangements: The Fourth Circuit's New R Ule
Product Separability In Franchise Tying Arrangements: The Fourth Circuit's New R Ule
Washington and Lee Law Review
No abstract provided.
Actions For Loss Of Consortium In Washington: The Children Are Still Crying, Gino L. Gabrio
Actions For Loss Of Consortium In Washington: The Children Are Still Crying, Gino L. Gabrio
Washington Law Review
This comment examines the reasons advanced by Washington courts to deny children a cause of action for loss of parental consortium when a parent is negligently injured. It discusses the inconsistent positions that courts and legislatures have taken in awarding or refusing to award recovery for loss of consortium by various classes of plaintiffs, and argues that children, like parents and spouses, should also have a separate consortium action. This comment then proposes guidelines for legislation creating a child's consortium action that limits any dangers of permitting children to recover. Finally, this comment concludes that, if the legislature fails to …
Bernard V. Kee Manufacturing Co., 394 So. 2d 552, (Fla. 2d Dist. Ct. App. 1981), Michael D.L. Olafson
Bernard V. Kee Manufacturing Co., 394 So. 2d 552, (Fla. 2d Dist. Ct. App. 1981), Michael D.L. Olafson
Florida State University Law Review
Torts-PRODUCTS LIABILITY-CORPORATIONS-FLORIDA COURT ADOPTS TRADITIONAL RULE OF SUCCESSOR LIABILITY
Wrongful Life: An Infant's Claim To Damages, Robert C. Schwenkel
Wrongful Life: An Infant's Claim To Damages, Robert C. Schwenkel
Buffalo Law Review
No abstract provided.
Owner Liability For Intentional Torts Committed By Professional Athletes Against Spectators, Howard C. Bluver
Owner Liability For Intentional Torts Committed By Professional Athletes Against Spectators, Howard C. Bluver
Buffalo Law Review
No abstract provided.
Contribution: An Area In Need Of Clarity As To Manufacturers' Strict Liability, Pamela Ann Robertson
Contribution: An Area In Need Of Clarity As To Manufacturers' Strict Liability, Pamela Ann Robertson
Mercer Law Review
Contribution is an equitable tool used to distribute losses among all parties responsible for injury to another. Like any other equitable concept, its development in American jurisprudence has been shaped by each jurisdiction's perception of "fairness" and "justice." As a result, application of the doctrine varies widely from state to state. With the appearance in recent years of industry-wide strict products liability actions,' contribution has taken on a new importance. But two obstacles continue to hinder its application. First, since contribution law does vary so widely, it is difficult for litigants to determine what law, if any, is applied in …
Loss Of Consortium And The Unmarried Cohabitant: Bulloch V. United States, Paul D. Ellsworth
Loss Of Consortium And The Unmarried Cohabitant: Bulloch V. United States, Paul D. Ellsworth
BYU Law Review
No abstract provided.
Strict Liability Versus Negligence: An Economic Analysis Of The Law Of Libel, Gary L. Lee
Strict Liability Versus Negligence: An Economic Analysis Of The Law Of Libel, Gary L. Lee
BYU Law Review
No abstract provided.
Torts - Intentional Infliction Of Emotional Distress - Physical Injury Or Independent Tort Is No Longer Required, John P. Lewis
Torts - Intentional Infliction Of Emotional Distress - Physical Injury Or Independent Tort Is No Longer Required, John P. Lewis
University of Arkansas at Little Rock Law Review
No abstract provided.
Liability For Injuries To Offenders Sentenced To Community Service, Gary Alan Carleton
Liability For Injuries To Offenders Sentenced To Community Service, Gary Alan Carleton
Buffalo Law Review
No abstract provided.
U.C.C. Warranties: Mountaineer Contractors, Inc. V. Mountain State Mack, Inc., David D. Johnson Iii
U.C.C. Warranties: Mountaineer Contractors, Inc. V. Mountain State Mack, Inc., David D. Johnson Iii
West Virginia Law Review
No abstract provided.
Essay--Assumption Of Risk: Casuistry In The Law Of Negligence, Christ Gaetanos
Essay--Assumption Of Risk: Casuistry In The Law Of Negligence, Christ Gaetanos
West Virginia Law Review
No abstract provided.
Survey Of Developments In The Fourth Circuit: 1980
Survey Of Developments In The Fourth Circuit: 1980
West Virginia Law Review
No abstract provided.
The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck
The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck
Washington Law Review
The dustjacket for this already provocatively entitled book continues with the additional legend: "Only the Lawyers Win-Most people get nothing. A few get too much. A proposal for reform." This addition to the title of the book gives appropriate, if not exact, warning that a reader is about to fall under the influence of a spell-binding author, whose sense of theatre equals that of the lawyers whose exploits he exposes. It does not, however, prepare one for his serious analysis, arguments, and proposals concerning how law should distribute the losses of accidental injuries which occur in our society.
The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck
The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck
Washington Law Review
The dustjacket for this already provocatively entitled book continues with the additional legend: "Only the Lawyers Win-Most people get nothing. A few get too much. A proposal for reform." This addition to the title of the book gives appropriate, if not exact, warning that a reader is about to fall under the influence of a spell-binding author, whose sense of theatre equals that of the lawyers whose exploits he exposes. It does not, however, prepare one for his serious analysis, arguments, and proposals concerning how law should distribute the losses of accidental injuries which occur in our society.
Used Products And Strict Liability: A Practical Approach To A Complex Problem, Steven J. Christiansen
Used Products And Strict Liability: A Practical Approach To A Complex Problem, Steven J. Christiansen
BYU Law Review
No abstract provided.
A Relational Approach To Negligent Infliction Of Emotional Distress: Molien V. Kaiser Foundation Hospitals, Jordan W. Clements
A Relational Approach To Negligent Infliction Of Emotional Distress: Molien V. Kaiser Foundation Hospitals, Jordan W. Clements
BYU Law Review
No abstract provided.
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Washington Law Review
This note outlines the origins of the doctrine of parentalftort immunity and its development in Washington, placing special emphasis on the doctrine's underlying policies and their applicability in automobile negligence cases. This note then discusses the problems which may arise from the Merrick court's failure to abolish the parental immunity entirely. Looking to the future, this note suggests that the immunity be abolished in favor of a standard of care recognizing the legal duty of a parent to act as a reasonably prudent parent.
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Washington Law Review
This note outlines the origins of the doctrine of parentalftort immunity and its development in Washington, placing special emphasis on the doctrine's underlying policies and their applicability in automobile negligence cases. This note then discusses the problems which may arise from the Merrick court's failure to abolish the parental immunity entirely. Looking to the future, this note suggests that the immunity be abolished in favor of a standard of care recognizing the legal duty of a parent to act as a reasonably prudent parent.
The Uniform Commercial Code Provides An Alternative Remedy To Strict Liability In Tort Regarding Injuries Suffered From A Defective Product Without Requiring Privity., Patricia Mary Mcentee
The Uniform Commercial Code Provides An Alternative Remedy To Strict Liability In Tort Regarding Injuries Suffered From A Defective Product Without Requiring Privity., Patricia Mary Mcentee
St. Mary's Law Journal
Abstract Forthcoming.
The Perils Of Writing An Intellectual History Of Torts, George C. Christie
The Perils Of Writing An Intellectual History Of Torts, George C. Christie
Michigan Law Review
A Review of Tort Law in America: An Intellectual History by G. Edward White