Law Commons^™

Hammontree V. Jenner, Superior Court For The State Of California, Los Angeles County

Historical and Topical Legal Documents

No abstract provided.

Georgia Municipal Tort Liability: Ante Litem Notice, R. Perry Sentell Jr.

Scholarly Works

Time and again the Georgia courts have spoken on the meaning of various phrases in the notice-of-claim statute, or, as they popularly refer to it, the "ante litem notice" statute. During the last three or four years, the judiciary's activity has been particularly concentrated. Grappling with questions of first impression, changing approaches to interpretation, or confirming prior positions, their decisions must now be understood as a part of the statute itself. What follows is simply a brief effort to summarize this recent judicial activity, hopefully in an orderly fashion. If the traveler is thereby aided in updating his map, the …

A Defense Of The Use Of The Hypothetical Case To Resolve The Causation Issue--The Need For An Expanded, Rather Than A Contracted, Analysis, James A. Henderson Jr.

Cornell Law Faculty Publications

Professor Henderson suggests that a place still exists in the law of torts for using the "hypothetical case" as a limit on the scope of liability. In making this suggestion, he disagrees with Professor E. Wayne Thode's argument in 46 Texas L. Rev. 423 (1968) that "duty" should be the sole repository of liability-limiting policy decisions in negligence cases. Professor Henderson proposes the creation of a new causation issue--cause in fact of harm to the plaintiff--that earlier defenders of causation-as-a-policy-issue seem to have overlooked.

Insurance: 1969 Survey Of New York Law Part Three, Commercial Law, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.

Driver Behavior And Legal Sanctions: A Study Of Deterrence, Roger C. Cramton

Cornell Law Faculty Publications

What are the consequences of the application of legal sanctions? How can these consequences be determined? This Article attempts to explore these questions in the limited field of highway safety, examining the available evidence and indicating areas where further investigation is essential. Although conclusions with respect to the general deterrent effect of traffic laws do not emerge, the parameters of the problem are defined and plausible hypotheses suggested.

The Federal Medical Care Recovery Act, Michael F. Noone Jr.

Scholarly Articles

Until the passage of the Federal Medical Care Recovery Act, which became effective in 1963, the

Federal Government was not able to recover the expense of medical services extended to one who was entitled to those services when the injury was caused by the negligence of a third-party tortfeasor. The act now gives the Government the right to join in the suit of the injured party or to proceed on its own. Through co-operation with the injured parties' attorneys, the Government has recouped millions of dollars.

The Abc's Of Products Liability -- With A Close Look At Section 402a And The Code, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Book Review Of Daniel G. Baldyga's: How To Settle Your Own Insurance Claim, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

How to Settle tries to exploit the same vein mined in spectacular fashion by Norman F. Dacey, who parlayed deep dissatisfaction with the probate system and popular resentment of lawyers into a runaway best-seller. It would seem, up to this point anyway, that people more readily worry about the inevitability of death and its legal consequences than the possibility of personal injury caused by the legal fault of another. Nonetheless, How to Settle does merit some attention, at least within the confines of a specialized journal and under circumstances unlikely to promote a sales backlash, so that all its shortcomings …

Of Mace And Men: Tort Law As A Means Of Controlling Domestic Chemical Warfare, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

The use of MACE and other chemical sprays by the police and the public has caused considerable comment and controversy during the last several years. Recognizing the seriousness of the problem, Professor Page analyzes the efficacy of present law to control the misuse of chemical sprays. In this analysis Professor Page first discusses the deve/opmellt of the use of MACE and the heated controversy that surrounds both its employment and potentially deleterious effects. He then turns to the application of intentional tort, negligence, warranty, and strict liability concepts as methods by which victims of MACE might hold the user or …