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Articles 1 - 30 of 64
Full-Text Articles in Law
Could The Rise Of Dockless Scooters Change Contract Law?, John Kendall
Could The Rise Of Dockless Scooters Change Contract Law?, John Kendall
Mercer Law Review
Dockless scooters have been revolutionizing the way individuals in highly populated towns and cities commute on a day-to-day basis across the country. Instead of riding the bus, individuals now have the option to pay money to ride scooters short distances and save themselves the hassle of riding on crowded buses. Among the many issues and questions this creates for lawyers and lawmakers, one particularly noteworthy issue is whether the electronic waivers and arbitration clauses scooter companies require riders to sign before operating the scooters can shield the scooter companies from liability when the unexpected occurs. Currently, the top dockless scooter …
The Injustice Of New York’S Notice Of Claim Limitations In Medical Malpractice Actions, Jessica Simon
The Injustice Of New York’S Notice Of Claim Limitations In Medical Malpractice Actions, Jessica Simon
NYLS Law Review
No abstract provided.
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 …
International Liability And Primary Rules Of Obligation: An Application To Acid Rain In The United States And Canada, John B. Lyle
International Liability And Primary Rules Of Obligation: An Application To Acid Rain In The United States And Canada, John B. Lyle
Georgia Journal of International & Comparative Law
No abstract provided.
Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley
Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley
Georgia Journal of International & Comparative Law
No abstract provided.
The Myth Of A Value-Free Injury Law: Constitutive Injury Law As A Cultural Battleground, Michael L. Rustad
The Myth Of A Value-Free Injury Law: Constitutive Injury Law As A Cultural Battleground, Michael L. Rustad
Northwestern University Law Review
No abstract provided.
Thin-Skull Plaintiffs, Socio-Cultural "Abnormalities" And The Dangers Of An Objective Test For Hypersensitivity, Eugene C. Lim
Thin-Skull Plaintiffs, Socio-Cultural "Abnormalities" And The Dangers Of An Objective Test For Hypersensitivity, Eugene C. Lim
Dalhousie Law Journal
The extent to which "hypersensitivity" can serve as a legal basis for demanding additional compensation has always been a controversial issue in tort law. A key challenge facing courts lies in determining how the "thin-skull rule," traditionally related to physical conditions that predispose an individual to additional injury, can be applied to claims from "hypersensitive" plaintiffs citing personality-linked vulnerabilities of a religious, socio-cultural, or psychiatric nature. This article critically evaluates the viability of the "ordinary-fortitude test" adopted by the Supreme Court of Canada in Mustapha v. Culligan, and discusses the relative merits of a "multi-factorial test" in determining the admissibility …
America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, Paul Holdsworth
America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, Paul Holdsworth
University of Richmond Law Review
No abstract provided.
Hubbard V. Boelt: The Fireman's Rule Extended , Marty K. Deniston
Hubbard V. Boelt: The Fireman's Rule Extended , Marty K. Deniston
Pepperdine Law Review
The California Supreme Court, in Hubbard v. Boelt, extended the reach of the fireman's rule to bar a suit brought by a policeman who was injured by the willful and wanton conduct of a speeding motor is while pursuing that motorist. This is an important development in tort law because, traditionally, the fireman's rule had only been applied to bar suits by firemen and policemen who were injured by the negligent conduct of another which was the cause of their presence at the scene. This author suggests that the majority's rationale underlying this extension was flawed because of the fundamental …
Rethinking Principals Of Comparative Fault In Light Of California's Proposition 51, James A. Gash
Rethinking Principals Of Comparative Fault In Light Of California's Proposition 51, James A. Gash
Pepperdine Law Review
No abstract provided.
Big Business Beware: Punitive Damages Do Not Violate Fourteenth Amendment According To Pacific Mutual Life Insurance Co. V. Haslip, Christopher V. Carlyle
Big Business Beware: Punitive Damages Do Not Violate Fourteenth Amendment According To Pacific Mutual Life Insurance Co. V. Haslip, Christopher V. Carlyle
Pepperdine Law Review
No abstract provided.
Negligent Infliction Of Emotional Distress: A Proposal For A Consistent Theory Of Tort Recovery For Bystanders And Direct Victims, Julie A. Greenberg
Negligent Infliction Of Emotional Distress: A Proposal For A Consistent Theory Of Tort Recovery For Bystanders And Direct Victims, Julie A. Greenberg
Pepperdine Law Review
No abstract provided.
Vaccines And The Law, Michael Sanzo Ph.D.
Vaccines And The Law, Michael Sanzo Ph.D.
Pepperdine Law Review
The last twenty years have seen a sea-change in the area of proving causation in the toxic tort setting, with courts demanding stronger, scientifically tested evidence. At the same time, a closely related debate has been raging about separating cause from coincidence under the National Childhood Vaccine Injury Act compensation program for injuries that might have been the result of vaccinations. The Vaccine Act created a no-fault compensation fund financed by a tax on childhood vaccines to address harms resulting from those vaccines. Unfortunately, Congress gave little direction with regard to the level of causal certainty that would be required …
An Ind. Run Around The U.C.C.: The Use (Or Abuse?) Of Indemnity, Paul J. Wilkinson
An Ind. Run Around The U.C.C.: The Use (Or Abuse?) Of Indemnity, Paul J. Wilkinson
Pepperdine Law Review
No abstract provided.
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon
Pepperdine Law Review
No abstract provided.
Lead Paint Public Entity Lawsuits: Has The Broad Stroke Of Tobacco And Firearms Litigation Painted A Troubling Picture For Lead Paint Manufacturers?, Amber E. Dean
Pepperdine Law Review
No abstract provided.
Clarifying Causation In Tort, Erik S. Knutsen
Clarifying Causation In Tort, Erik S. Knutsen
Dalhousie Law Journal
This article argues that there is nothing overly confusing about the law ofcausation in negligence. It attempts to define the current state of causation in Canadian negligence law with a simple goal in mind: to have a clearer more productive conversation about the law with the fundamental concepts clearly on the table. The author argues that while the leading decisions on causation are often couched in broad-based, universal terminology to refrain from inhibiting conceptual portability,the cases can be read as a sustained continuum of conversations about causation. A cohesive framework for the law is offered by taking a longitudinal perspective …
Election Of Remedies In The Twenty-First Century: Centra Health, Inc. V. Mullins, L. Steven Emmert
Election Of Remedies In The Twenty-First Century: Centra Health, Inc. V. Mullins, L. Steven Emmert
University of Richmond Law Review
No abstract provided.
Choice Of Law And Predictability Of Decisions In Products Liability Cases, Michael Ena
Choice Of Law And Predictability Of Decisions In Products Liability Cases, Michael Ena
Fordham Urban Law Journal
This Comment explores the complicated choice of law questions arising in products liability cases where the product in question is often produced in one state, sold in another, and caused an injury in a third. Which state's law will be used is often a highly contested issue among the interested parties to such a suit. Because of the lack of uniformity in the choice of law methodologies and the differences in rules of law among the states, decisions are often inconsistent and highly unpredictable. Predictability of law is especially important in the products liability context for identification of business risks …
Denial Of Recovery To Nonresident Beneficiaries Under Washington's Wrongful Death And Survival Statutes: Is It Really Cheaper To Kill A Man Than To Maim Him?, Jonathan James
Seattle University Law Review
Although courts have expressed repugnance for discrimination against nonresidents as far back as the early 1900s and recognized that it was out of date even in their time, it is the refusal of Washington courts to question the constitutionality of such legislative enactments which has allowed this injustice to continue unabated for almost 100 years. It is time that the courts in Washington finally realize that such discriminatory legislation must succumb to the protections provided by both the United States and Washington Constitutions and find these statutes unconstitutional. To do otherwise would allow a tortfeasor an “undeserved and morbid windfall” …
Modern Liability Rules And Policies Regarding College Student Alcohol Injuries: Reducing High-Risk Alcohol Use Through Norms Of Shared Responsibility And Environmental Management, Peter F. Lake, Joel C. Epstein
Modern Liability Rules And Policies Regarding College Student Alcohol Injuries: Reducing High-Risk Alcohol Use Through Norms Of Shared Responsibility And Environmental Management, Peter F. Lake, Joel C. Epstein
Oklahoma Law Review
No abstract provided.
Emerging Trends For Products Liability: Market Share Liability, Its History And Future, Frank J. Giliberti
Emerging Trends For Products Liability: Market Share Liability, Its History And Future, Frank J. Giliberti
Touro Law Review
No abstract provided.
Review Of: M. Stuart Madden, Toxic Torts Deskbook, Laura Marron
Review Of: M. Stuart Madden, Toxic Torts Deskbook, Laura Marron
RISK: Health, Safety & Environment (1990-2002)
M. Stuart Madden, Toxic Torts Deskbook (Lewis Publishers 1992). Acknowledgements, case index, general index, notes, preface. LC 91-48238; ISBN 0- 87371-508-X. [230 pp. Cloth $69.95 domestic, $84.00 elsewhere. 2000 Corporate Boulevard, NW, Boca Raton FL 33431.]Review of:
Cardozo Revisited: Liability To Third Parties; A Real Property Perspective, Robert Kratovil
Cardozo Revisited: Liability To Third Parties; A Real Property Perspective, Robert Kratovil
Seattle University Law Review
One of the most outstanding jurists of our time, Justice Benjamin Cardozo, articulated a principle spanning the "seamless web" of the law which, unfortunately, has been obscured by the attempts of courts, casebook writers, and law professors to pigeonhole the principle into familiar categories. Justice Cardozo established the principle that a person who undertakes a task is liable for injury to remote third parties, regardless of lack of privity, which arises from the person's negligent performance of the task. Cardozo also enunciated an exception to this rule which developed into a widely accepted opposing rule. This Article first traces the …
Innocent Injury And Loss Distribution: The Florida Pure Comparative Negligence System, Vincent S. Walkowiak
Innocent Injury And Loss Distribution: The Florida Pure Comparative Negligence System, Vincent S. Walkowiak
Florida State University Law Review
No abstract provided.
Contribution Among Tortfeasors: A Comment On Amended Ohio House Bill 531, J. Patrick Browne
Contribution Among Tortfeasors: A Comment On Amended Ohio House Bill 531, J. Patrick Browne
Cleveland State Law Review
On October 1, 1976, Amended House Bill 531 became effective as sections 2307.31 and 2307.32 of the Ohio Revised Code. As stated in the preamble, the purpose of the Act is to provide for the contribution among two or more persons jointly or severally liable in tort. Like all new legislation, it is bound to have a certain amount of "teething problems" in its initial use. This Article will discuss some of the anticipated problems, and propose suggested means for resolving them. The heart of the new law is found in section 2307.31(A)3 which indicates that several elements must combine …
The Collateral Source Rule And Personal Injury Damages: The Irrelevant Principle And The Functional Approach, Part I, Robert Allen Sedler
The Collateral Source Rule And Personal Injury Damages: The Irrelevant Principle And The Functional Approach, Part I, Robert Allen Sedler
Kentucky Law Journal
No abstract provided.
The Collateral Source Rule And Personal Injury Damages: The Irrelevant Principle And The Functional Approach, Part Ii, Robert Allen Sedler
The Collateral Source Rule And Personal Injury Damages: The Irrelevant Principle And The Functional Approach, Part Ii, Robert Allen Sedler
Kentucky Law Journal
No abstract provided.
Radiation Injuries: Statute Of Limitations Inadequacies In Tort Cases, Samuel D. Estep, Thomas W. Van Dyke
Radiation Injuries: Statute Of Limitations Inadequacies In Tort Cases, Samuel D. Estep, Thomas W. Van Dyke
Michigan Law Review
Some injuries from overexposure to radiation may manifest themselves within existing statutory limitations periods, at least under some liberal ( or loose) judicial interpretations. Many injurious manifestations, however, will not arise for a great many years after exposure; it is the thesis of this article that some new legislative solutions must be adopted. Limiting the right to sue to the existing time periods as construed by many courts will be manifestly unfair to plaintiffs. A blanket, unconditional extension of the time period to as much as thirty years for all cases regardless of the local rule as to when the …
Torts-Negligent Misrepresentation-Abolition Of The Privity Requirement, Leon E. Irish
Torts-Negligent Misrepresentation-Abolition Of The Privity Requirement, Leon E. Irish
Michigan Law Review
Defendants, professional consulting engineers, contracted with the city of Chattanooga to design a sewage system. As part of their performance of the contract they prepared a report of geological conditions which was to be distributed by the city to prospective bidders. Plaintiff, a tunneling subcontractor, had no dealings with the defendants, but did rely on their report in making its bid. Because one of defendant's draftsmen carelessly omitted pertinent geological information from the report, it took plaintiff three weeks longer to complete the work than had been anticipated. Plaintiff sued defendant for damages for misrepresentation; held, plaintiff may recover. …