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Articles 1 - 10 of 10
Full-Text Articles in Law
Tort In A Contractual Matrix, John G. Fleming
Tort In A Contractual Matrix, John G. Fleming
Osgoode Hall Law Journal
This article addresses one aspect of the interface between tort and contract: the way tort law is affected, whether by extending or contracting its reach, by the parties coming together against a contractual structure. Two basic situations are considered. The first concerns the effect of a contractual limitation clause on the tort liability of, or to, a third party such as a subcontractor's to the building owner. The second considers what effect to attribute to a plaintiff's failure to protect himself or herself in advance by contracting against the risk
"For Our Own Good:" Federal Preemption Of State Tort Law - Risk, Regulation, And The Goals Of Environmental Protection, John Robertson
"For Our Own Good:" Federal Preemption Of State Tort Law - Risk, Regulation, And The Goals Of Environmental Protection, John Robertson
William & Mary Environmental Law and Policy Review
No abstract provided.
The Jurisprudence Of Action And Inaction In The Law Of Tort: Solving The Puzzle Of Nonfeasance And Misfeasance From The Fifteenth Through The Twentieth Centuries, Theodore Silver, Jean Elting Rowe
The Jurisprudence Of Action And Inaction In The Law Of Tort: Solving The Puzzle Of Nonfeasance And Misfeasance From The Fifteenth Through The Twentieth Centuries, Theodore Silver, Jean Elting Rowe
Scholarly Works
No abstract provided.
Right, Justice, And Tort Law, Richard W. Wright
Right, Justice, And Tort Law, Richard W. Wright
All Faculty Scholarship
No abstract provided.
The Standards Of Care In Negligence Law, Richard W. Wright
The Standards Of Care In Negligence Law, Richard W. Wright
All Faculty Scholarship
No abstract provided.
With The Legislature's Permission And The Supreme Court"S Consent, Common Law Social Host Liability Returns To Minnesota, Michael K. Steenson
With The Legislature's Permission And The Supreme Court"S Consent, Common Law Social Host Liability Returns To Minnesota, Michael K. Steenson
Faculty Scholarship
In 1990, the Minnesota Legislature amended the Civil Damage Act to allow for common law tort claims against persons 21 years old or older who knowingly provide alcohol to a person under 21 years of age. The 1990 amendment is unique because the legislature in effect appears to be releasing its stranglehold on liquor liability law, permitting the courts to apply common law negligence principles under the defined circumstances, but without providing any guidelines as to how the common law remedy should be formulated. The interpretive problems the amendment creates will eventually have to be resolved by the courts. The …
Job Security: Protecting At-Will Employees With Good Cause Legislation, Mayumi Yokoyama
Job Security: Protecting At-Will Employees With Good Cause Legislation, Mayumi Yokoyama
LLM Theses and Essays
Recent decades have witnessed significant developments in employment termination law in the United States. In particular, the long-standing “at-will” doctrine, under which employers can fire employees for good, bad, or no reason at all, has experienced great erosion and wide variations in law from state to state. There has been a movement of statutory and common law restrictions limiting an employer’s freedom to terminate at will, which reflects the increasing consciousness of job security by society and workers. This paper analyzes the problem of job security by tracing the origin of the at-will doctrine to 19th century principles favoring economic …
Torts: Torts And Gun Control: Sealing Up The Cracks And Helping Licensed Dealers Avoid Sales To Unqualified Buyers, Jacqueline Ballinger
Torts: Torts And Gun Control: Sealing Up The Cracks And Helping Licensed Dealers Avoid Sales To Unqualified Buyers, Jacqueline Ballinger
Oklahoma Law Review
No abstract provided.
Negligence: Busby V. Quail Creek Golf And Country Club: A Balanced Approach To Vendor Liability And Underage Drinking, Michael Craig Adkins
Negligence: Busby V. Quail Creek Golf And Country Club: A Balanced Approach To Vendor Liability And Underage Drinking, Michael Craig Adkins
Oklahoma Law Review
No abstract provided.
Eliminating Proximate Cause As An Element Of The Prima Facie Case From Strict Products Liability, Peter Zablotsky
Eliminating Proximate Cause As An Element Of The Prima Facie Case From Strict Products Liability, Peter Zablotsky
Scholarly Works
No abstract provided.