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Articles 1 - 13 of 13
Full-Text Articles in Law
The Laws Of Image, Samantha Barbas
The Laws Of Image, Samantha Barbas
Samantha Barbas
We live in an image society. Since the turn of the 20th century if not earlier, Americans have been awash in a sea of images throughout the visual landscape. We have become highly image-conscious, attuned to first impressions and surface appearances, and deeply concerned with our own personal images – our looks, reputations, and the impressions we make on others. The advent of this image-consciousness has been a familiar subject of commentary by social and cultural historians, yet its legal implications have not been explored. This article argues that one significant legal consequence of the image society was the evolution …
From Privacy To Publicity: The Tort Of Appropriation In The Age Of Mass Consumption, Samantha Barbas
From Privacy To Publicity: The Tort Of Appropriation In The Age Of Mass Consumption, Samantha Barbas
Samantha Barbas
No abstract provided.
Managed Care, Utilization Review, And Financial Risk Shifting: Compensating Patients For Health Care Cost Containment Injuries, Vernellia R. Randall
Managed Care, Utilization Review, And Financial Risk Shifting: Compensating Patients For Health Care Cost Containment Injuries, Vernellia R. Randall
Vernellia R. Randall
This Article examines current tort remedies for personal injury claims and explores the problems that arise when these remedies are applied to physicians' actions that are directed by third-party payers. Part II of this Article explores the organization and historical development of managed health care products. Part III considers the past and present uses of the utilization review process and financial risk shifting. Part IV explores the applicability of traditional theories of tort liability to third-party payers, including direct liability of third-party payers who market managed care products. Part V considers the barriers that ERISA presents to compensating patients for …
A Study Of The Costs Of Legal Services In Personal Injury Litigation In Ontario: Final Report, Allan C. Hutchinson
A Study Of The Costs Of Legal Services In Personal Injury Litigation In Ontario: Final Report, Allan C. Hutchinson
Allan C. Hutchinson
Contingency Fee Agreements (CFAs) are now a fixed feature of the Ontario litigation landscape. However, little research or study has been done on exactly how they operate in practice, whether they advance the objectives that they were intended to achieve, and whether litigants are best served by the current arrangements. In this study, I intend to make a preliminary start to that research, set out some tentative criticisms of the CFA system as it currently operates, and, where appropriate, suggest preliminary proposals for change. It should be said at the outset that my efforts to obtain real and serious data …
The Original Source Of The Cause Of Action In Federal Courts: The Example Of The Alien Tort Statute, Anthony J. Bellia, Bradford R. Clark
The Original Source Of The Cause Of Action In Federal Courts: The Example Of The Alien Tort Statute, Anthony J. Bellia, Bradford R. Clark
Anthony J. Bellia
Judges and scholars have long debated the legitimacy and contours of federal common law causes of action — actions created neither by Congress nor by state law. The question of federal judicial power to recognize federal common law causes of action arises in a range of contexts in the field of federal courts, including with respect to whether federal courts may recognize an implied right of action for the violation of a constitutional or statutory provision that does not specifically create one. Recently, the power of federal courts to recognize federal common law causes of action has emerged as a …
Hurricanes, Fraud, And Insurance: The Supreme Court Weighs In On, But Does Not Wade Into, The Concurrent Causation Conundrum In State Farm Fire And Casualty Company V. Rigsby, Chris French
Christopher C. French
In the December 6, 2016 Supreme Court decision, State Farm v. Rigsby, a homeowner’s house was damaged by Hurricane Katrina. The homeowner had homeowners insurance with State Farm and a flood insurance policy that was administered by State Farm on behalf of the federal government. The claims adjusters assigned by State Farm to handle the homeowner’s claim allegedly were instructed by State Farm to misclassify wind damage as flood damage in order to shift State Farm’s own liability for the loss to the federal government. The claims handlers filed a lawsuit against State Farm under the False Claims Act (FCA), …
Amendment Of The Abortion Law: Relevant Data And Judicial Opinion
Amendment Of The Abortion Law: Relevant Data And Judicial Opinion
John Noonan
No abstract provided.
Institutional Failure, Campus Sexual Assault And Danger In The Dorms: Regulatory Limits And The Promise Of Tort Law, Andrea A. Curcio
Institutional Failure, Campus Sexual Assault And Danger In The Dorms: Regulatory Limits And The Promise Of Tort Law, Andrea A. Curcio
Andrea A. Curcio
Data demonstrates the majority of on-campus sexual assaults occur in dorm rooms. At many colleges, this fact receives little, if any, attention. This article discusses how schools' failure to raise awareness about, and develop risk reduction programs for, dorm-based assaults is another example of long-standing institutional failures when it comes to addressing campus sexual assault. Ignoring where most on-campus assaults occur provides students with a false sense of security in their dorms, limits the efficacy of bystander intervention programs, and results in scant attention and research directed at the efficacy of dorm-based awareness and risk-reduction efforts. This article suggests that …
"A Radical Proposal": The Multidistrict Litigation Act Of 1968, Andrew D. Bradt
"A Radical Proposal": The Multidistrict Litigation Act Of 1968, Andrew D. Bradt
Andrew D. Bradt
It's About Time: The Long Overdue Demise Of Statutes Of Repose In Latent Toxic Tort Litigation, Jean M. Eggen
It's About Time: The Long Overdue Demise Of Statutes Of Repose In Latent Toxic Tort Litigation, Jean M. Eggen
Jean M. Eggen
The Jewel In The Crown: Can India’S Strict Liability Doctrine Deepen Our Understanding Of Tort Law Theory?, Deepa Badrinarayana
The Jewel In The Crown: Can India’S Strict Liability Doctrine Deepen Our Understanding Of Tort Law Theory?, Deepa Badrinarayana
Deepa Badrinarayana
Understanding Insurance Policies As Noncontracts: An Alternative Approach To Drafting And Construing These Unique Financial Instruments, Christopher French
Understanding Insurance Policies As Noncontracts: An Alternative Approach To Drafting And Construing These Unique Financial Instruments, Christopher French
Christopher C. French
Insurance Policies: The Grandparents Of Contractual Black Holes, Christopher French
Insurance Policies: The Grandparents Of Contractual Black Holes, Christopher French
Christopher C. French