Law Commons^™

Substantive Corrective Justice, In Symposium, Corrective Justice And Formalism, Richard W. Wright

All Faculty Scholarship

No abstract provided.

The Logic And Fairness Of Joint And Several Liability, In Symposium, Comparative Negligence, Richard W. Wright

All Faculty Scholarship

No abstract provided.

Torts, Cynthia Trimboli Adams, Charles R. Adams Iii

Mercer Law Review

One hundred years ago, on a stultifyingly hot summer morning, Andrew Borden, a wealthy, eccentric miser, and his second wife, Abby, were brutally hacked to death in their tiny home in Fall River, Massachusetts.' The peaceful community was shattered by this gruesome event and by the sensational murder trial of Mr. Borden's younger daughter, Elizabeth Andrew Borden. Following her unexpected acquittal, the increasingly reclusive Miss Borden lived on in Fall River, enjoying her inherited wealth, but always a social outcast, taunted by the children chanting just beyond her garden wall:

Lizzie Borden took an ax, Gave her mother forty whacks. …

Reconceptualizing Sovereign Immunity, Harold J. Krent

Vanderbilt Law Review

The United States generally is immune from suit without its con- sent. Accordingly, neither Congress nor the executive branch need pay damages' for any contract breached, any tort committed, or any constitutional right violated by the federal government. Although the doctrine of sovereign immunity persists, it persists subject to near unanimous condemnation from commentators. Many have rejected the underlying theory that the "King can do no wrong" as oddly out of place in our republican governments and many have noted as well that sovereign immunity was never applied as comprehensively in the past as it is today. Presently, there seems …

The Unworkability Of Court-Made Enterprise Liability: A Reply To Geistfeld, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

Survey Of Utah Strict Products Liability Law: From Hahn To The Present And Beyond, Robert A. Mcconnell

BYU Law Review

No abstract provided.

Comparative Negligence Under The Code: Protecting Negligent Banks Against Negligent Customers, Julianna J. Zekan

University of Michigan Journal of Law Reform

This Article will examine modern banking practices with respect to processing checks and the effect of technology on liability for forged or altered checks. Part I describes the magnetic ink character-recognition system. Part II discusses check truncation. Part III recounts the evolution of contract and tort theories of liability from traditional to modern bank practices. Part IV analyzes the new comparative negligence provisions. Part V investigates the standards of ordinary care. Part VI evaluates the respective duties of the banks and their customers in light of the provisions that reflect the banking industry's transformation from the Paper Age to the …

From Andrews To Woodson And Beyond: The Development Of The Intentional Tort Exception To The Exclusive Remedy Provision - Rescuing North Carolina Workers From Treacherous Waters, David L. Lambert

North Carolina Central Law Review

No abstract provided.

Hypnotic Memories And Civil Sexual Abuse Trials, Jacqueline Kanovitz

Vanderbilt Law Review

In the next few paragraphs, the reader will eavesdrop on a psycho- therapy session. During this session, the therapist uses hypnosis, a common technique in clinical practice today. In the past, the legal system has paid little attention to the memory retrieval techniques used in psychotherapy because statutes of limitations have prevented patients from using memories of childhood wrongs uncovered in adult psycho-therapies to bring suit. However, recent changes will force the legal system to examine whether the memory restoring techniques used in psychotherapy can produce memory that is trustworthy enough for the legal system to accept. What follows is …

Summary Judgment Practice In Arkansas: Celotex, The Scintilla Rule, And Other Matters, John J. Watkins

University of Arkansas at Little Rock Law Review

No abstract provided.

Parent Corporate Liability For Hazardous Substance Release From On-Shore Facilities In The International Market: Legal Approaches Of The United States, The European Community And Germany, Alicia Stone

In the Public Interest

No abstract provided.

Reformulating The Strict Liability Failure To Warn, Michael A. Pittenger

Washington and Lee Law Review

No abstract provided.

A Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

The Georgia Jury And Negligence: The View From The (Federal) Bench, R. Perry Sentell Jr.

Scholarly Works

This is the second part of a two-part inquiry into the quality of jury performance in Georgia negligence cases. Evaluation begins from within. That is an especially prominent truth in respect to the trial of negligence cases. The lay-professional partnership composing the civil trial system is unique. the professional's continuity provides a point of perfect perspective on the transient lay component--both its capacity and its performance. If the professional will share that perspective, it can structure a benchmark for foundational appraisal. To their great credit, the state and federal trial judges of Georgia are unstinting in assisting to construct that …

Punitive Damages: A Primer For Utah, Crookston V. Fire Insurance Exchange, David F. Burrett

Brigham Young University Journal of Public Law

No abstract provided.

Hahn V. Superior Court: Failing To Take The Doctrine Of Strict Premises Liability To Its Logical Conclusion, Raquel Maria Prieguez

San Diego Law Review

This Casenote questions the holding in Hahn v. Superior Court, decided by the California Court of Appeals in 1991. In Hahn, the Court of Appeals refused to extend the doctrine of strict liability to the owner of a shopping mall based on a defective commercial establishment. The Casenote argues that the development of the doctrine of strict premises liability was arrested prematurely by the courts in California due to their effort to curb the tide of plaintiff compensation. The author argues that defective commercial establishments place the public in as much risk of harm as manufacturers of defective products. The …

Allocation Of Loss Due To Fraudulent Wholesale Wire Transfers: Is There A Negligence Action Against A Beneficiary's Bank After Article 4a Of The Uniform Commercial Code?, Robert M. Lewis

Michigan Law Review

This Note argues that where a bank reasonably should have known of a fraud but still pays out a wire transfer to an unauthorized recipient, common law negligence should provide a basis for recovery despite the absence of an explicit Code provision imposing liability on the bank. Part I examines the UCC's language itself and analyzes possible cases, under 4A and under articles 3 and 4 by analogy, and discusses the applicability of these other parts of the UCC to wire transfers. Part II examines how extra-Code regulatory systems and the common law would determine wire transfer liability. Part II …

Commercial Torts—Trade Secrets—Arkansas Extends Trade Secret Protection To Customer Lists Under The Arkansas Trade Secrets Act. Allen V. Johar, Inc., 308 Ark. 45, 823 S.W.2d 824 (1992)., Michael J. Ptak

University of Arkansas at Little Rock Law Review

No abstract provided.

What Dan Quayle Doesn't Know About Punitive Damages, David H. Williams

University of Arkansas at Little Rock Law Review

No abstract provided.

Why Is Corrective Justice Just?, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

In Support Of Huber, Jon F. Merz

RISK: Health, Safety & Environment (1990-2002)

The author takes exception to two recent reviews of GALILEO'S REVENGE.

Hospital Liability Related To Understaffing Of Nursing Services: Walking The Fine Line Between Respondeat Superior And Corporate Negligence, Carmen D. Rasmussen

West Virginia Law Review

No abstract provided.

Obsolete On Its Face: The Libel Per Quod Rule (With R. Meslar), Richard Conviser

All Faculty Scholarship

No abstract provided.

Charles Handbook On Assessment Of Damages In Personal Injury Cases, Roger Harris

Dalhousie Law Journal

This is the second edition of Professor Charles' aptly titled Handbook. The first edition was a simple reprint of a thirty-three page article that was originally published in the Canadian Cases on the Law of Torts, together with the 1978 Supreme Court "Trilogy"judgements themselves. While it provided a convenient capsulization of the issues, it clearly lacked the depth necessary to deal fully with many of the complexities involved, and the rationale for its publication was questionable (no matter how eminent its author or handsome its presentation, can any case comment really be worth $40.00?). Happily, the second edition has developed …

Reforming Products Liability, Suzanne M. Lambert

Michigan Law Review

A Review of Reforming Products Liability by W. Kip Viscusi

A Law & Economics Perspective On A "Traditional" Torts Case: Insights For Classroom And Courtroom, Robert H. Lande

All Faculty Scholarship

This article is from a symposium, "Five Approaches to Legal Reasoning in the Classroom: Contrasting Perspectives on O'Brien v. Cunard S.S. Co. Ltd.," 57 Missouri L. Rev. 345 (1992). The symposium contains five articles that analyze this case from, respectively, traditionalist, Law & Economics, Critical Legal Studies, Feminist, and Critical Race Theories perspectives.

This article analyzes the O'Brien case from a Law & Economics perspective. It does so in a manner suitable for presentation in a Torts class or a Law & Economics class. It explains the basic terminology and approach. It analyzes the economics underlying the vaccination requirement, whether …

Strict Liability For Handgun Manufacturers: A Reply To Professor Oliver, Andrew J. Mcclurg

University of Arkansas at Little Rock Law Review

No abstract provided.

Inside The Quiet Revolution In Products Liability, Theodore Eisenberg, James A. Henderson Jr.

Cornell Law Faculty Publications

"A bullet in the head of products liability reform." Thus did a lobbyist orally characterize our article in this law review, The Quiet Revolution in Products Liability, describing declining plaintiff success in products liability cases in the 1980s. From the coverage and criticism the Quiet Revolution received around the country and around the world, the trends we discovered struck many as surprising enough to be newsworthy and others as sufficiently threatening to warrant a special response. Products liability's sustained presence on state and federal legislative agendas warrants continuing and expanding the study begun in the Quiet Revolution.

This …

Why The Recent Shift In Tort?, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

The Fault Pit, David G. Owen

Faculty Publications

No abstract provided.