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Articles 1 - 30 of 133
Full-Text Articles in Law
Editorial, Succession Question Requires Amendment, Randy Lee
Editorial, Succession Question Requires Amendment, Randy Lee
Randy Lee
No abstract provided.
Once More Into The Bramble Bush: Duty, Causal Contribution, And The Extent Of Legal Responsibility, In Symposium, The John W. Wade Conference On The Third Restatement Of Torts, Richard W. Wright
All Faculty Scholarship
Courts, lawyers, law students, and academics continue to confuse the empirical issue of causal contribution with the distinct normative issues of tortious conduct and legal injury, which precede and frame the causal-contribution inquiry, and the normative issue of the extent of legal responsibility for tortiously caused consequences, which follows the causal-contribution inquiry. In a number of prior articles, I have tried to distinguish and clarify these various issues, which arise not only in tort law, but also in much the same form in criminal law and many other areas of the law. I have focused primarily on distinguishing and clarifying …
Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan
Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan
Faculty Publications By Year
No abstract provided.
No-Fault Remediation Of Mtbe, Daniel Velez
No-Fault Remediation Of Mtbe, Daniel Velez
William & Mary Environmental Law and Policy Review
No abstract provided.
Lawyers' Ethics And Fiduciary Obligation In The Brave New World Of Aggregative Litigation, Lester Brickman
Lawyers' Ethics And Fiduciary Obligation In The Brave New World Of Aggregative Litigation, Lester Brickman
William & Mary Environmental Law and Policy Review
No abstract provided.
Will Big Tobacco Seek Bankruptcy Protection? A $145 Billion Verdict Poses The Question, Mark Gottlieb, Richard A. Daynard
Will Big Tobacco Seek Bankruptcy Protection? A $145 Billion Verdict Poses The Question, Mark Gottlieb, Richard A. Daynard
William & Mary Environmental Law and Policy Review
No abstract provided.
Lessons Learned From Flint, Michigan: Managing Multiple Source Pollution In Urban Communities, Emily L. Dawson
Lessons Learned From Flint, Michigan: Managing Multiple Source Pollution In Urban Communities, Emily L. Dawson
William & Mary Environmental Law and Policy Review
No abstract provided.
Proposal For Linking Culpability And Causation To Ensure Corporate Accountability For Toxic Risks, Thomas O. Mcgarity
Proposal For Linking Culpability And Causation To Ensure Corporate Accountability For Toxic Risks, Thomas O. Mcgarity
William & Mary Environmental Law and Policy Review
No abstract provided.
The Role Of Causation In Science As Law And Proposed Changes In The Current Common Law Toxic Tort System, Clifford Fisher
The Role Of Causation In Science As Law And Proposed Changes In The Current Common Law Toxic Tort System, Clifford Fisher
Buffalo Environmental Law Journal
No abstract provided.
Trade Secrets, Non-Competes, And Unfair Competition, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Trade Secrets, Non-Competes, And Unfair Competition, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Materials from the conference on Trade Secrets, Non-Competes, and Unfair Competition held by UK/CLE in October 2001.
The Eggshell Skull Rule And Related Problems In Recovery For Mental Harm In The Law Of Torts, Dr. J. Stanley Mcquade
The Eggshell Skull Rule And Related Problems In Recovery For Mental Harm In The Law Of Torts, Dr. J. Stanley Mcquade
Campbell Law Review
The theme of this article is the place, actual and proposed, of the "thin skull" rule in relation to mental harm.
Drug Designs Are Different, James A. Henderson Jr., Aaron Twerski
Drug Designs Are Different, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
Tort Law—Spoliators Beware, But Fear Not An Independent Civil Suit. Goff V. Harold Ives Trucking Co., 342 Ark. 143, 27 S.W.3d 387 (2000)., Margaret A. Egan
Tort Law—Spoliators Beware, But Fear Not An Independent Civil Suit. Goff V. Harold Ives Trucking Co., 342 Ark. 143, 27 S.W.3d 387 (2000)., Margaret A. Egan
University of Arkansas at Little Rock Law Review
No abstract provided.
The Externality Of Victim Care, Alan J. Meese
The Externality Of Victim Care, Alan J. Meese
Faculty Publications
No abstract provided.
Introduction: Symposium 2001: Toxic Torts: Issues Of Mass Litigation, Case Management, And Ethics, Erin O'Callaghan, Anne C. Dowling
Introduction: Symposium 2001: Toxic Torts: Issues Of Mass Litigation, Case Management, And Ethics, Erin O'Callaghan, Anne C. Dowling
William & Mary Environmental Law and Policy Review
No abstract provided.
Tortious Toxics, Lisa Heinzerling, Cameron Powers Hoffman
Tortious Toxics, Lisa Heinzerling, Cameron Powers Hoffman
William & Mary Environmental Law and Policy Review
No abstract provided.
The End Of The Defendant Advantage In Tobacco Litigation, Howard M. Erichson
The End Of The Defendant Advantage In Tobacco Litigation, Howard M. Erichson
William & Mary Environmental Law and Policy Review
No abstract provided.
Forum Allocation In Toxic Tort Cases: Lessons From The Tobacco Litigation And Other Recent Developements, Mark C. Weber
Forum Allocation In Toxic Tort Cases: Lessons From The Tobacco Litigation And Other Recent Developements, Mark C. Weber
William & Mary Environmental Law and Policy Review
No abstract provided.
Tort Recovery For Loss Of A Chance, David A. Fischer
Tort Recovery For Loss Of A Chance, David A. Fischer
Faculty Publications
Tort lawyers in the United States often think of “loss of a chance” as a theory of “probabilistic causation” that only applies to medical malpractice misdiagnosis cases. The theory is that if a physician negligently fails to diagnose a curable disease, and the patient is harmed by the disease, the physician should be liable for causing the “loss of a chance” of a cure. We shall see that if the chance of a cure is less than 50 percent, the plaintiff cannot prove by a preponderance of evidence that the negligence caused the harm, and would recover no damages under …
Freedom Of Speech And True Threats, Jennifer E. Rothman
Freedom Of Speech And True Threats, Jennifer E. Rothman
All Faculty Scholarship
This article proposes a new test for determining what is a true threat - speech not protected by the First Amendment. Despite the importance of the true threats exception to the First Amendment, this is an underexplored area of constitutional law.
Even though the Supreme Court has made clear that true threats are punishable, it has not clearly defined what speech constitutes a true threat. To make this determination circuit courts have adopted inconsistent and inadequate tests including a reasonable listener test. The Supreme Court has never granted certiorari to resolve the issue.
The law surrounding threats has gained recent …
Holding Tortfeasors Accountable: Apportionment Of Enhanced Injuries Under Washington's Comparative Fault Scheme, Ryan P. Harkins
Holding Tortfeasors Accountable: Apportionment Of Enhanced Injuries Under Washington's Comparative Fault Scheme, Ryan P. Harkins
Washington Law Review
The enhanced-injury doctrine imposes a negligence-based duty to reasonably minimize the foreseeable risk of injury enhancement in the event of primary accidents, regardless of their cause. When apportioning responsibility for enhanced injuries under principles of comparative fault, a majority of courts outside of Washington use a plaintiffs fault in causing the primary accident to reduce recovery for enhanced injuries. A minority of courts, however, rule that because the enhanced-injury doctrine presupposes the occurrence of primary accidents, primary fault is legally irrelevant to apportionment of enhanced injuries. Washington courts have not addressed this issue. This Comment argues that Washington courts should …
Optimal Delegation And Decoupling In The Design Of Liability Rules, Ian M. Ayres, Paul M. Goldbart
Optimal Delegation And Decoupling In The Design Of Liability Rules, Ian M. Ayres, Paul M. Goldbart
Michigan Law Review
Calabresi and Melamed began a scholarly revolution by showing that legal entitlements have two readily distinguishable forms of protection: property rules and liability rules. These two archetypal forms protect an entitlement holder's interest in markedly different ways - via deterrence or compensation. Property rules protect entitlements by trying to deter others from taking. Liability rules, on the other hand, protect entitlements not by deterring but by trying to compensate the victim of nonconsensual takings. Accordingly, the compensatory impetus behind liability rules focuses on the takee's welfare - making sure the sanction is sufficient to compensate the takee. The deterrent impetus …
Revisiting The Taxation Of Punitive Damages, Gregg D. Polsky, Dan Markel
Revisiting The Taxation Of Punitive Damages, Gregg D. Polsky, Dan Markel
Scholarly Works
In our recent article, Taxing Punitive Damages, available at http://ssrn.com/abstract=1421879, we argued (1) that plaintiffs in punitive damages cases should be allowed to introduce to the jury evidence regarding the deductibility of those damages by defendants, and (2) that this jury tax-awareness approach is better than the Obama Administration’s suggested alternative of disallowing those deductions.
To our delight, Professor Larry Zelenak and Paul Mogin have each provided published comments to our piece on Virginia Law Review's In Brief companion website. Professor Zelenak’s thoughtful response focuses on our prescriptive claim that jury tax-awareness is better than nondeductibility, while Mr. Mogin disputes …
Intentional Infliction Of Emotional Distress In Divorce: New York's Reluctance To Enter The Fray, Gwen Seaquist, Eileen Kelly
Intentional Infliction Of Emotional Distress In Divorce: New York's Reluctance To Enter The Fray, Gwen Seaquist, Eileen Kelly
Buffalo Women's Law Journal
No abstract provided.
The Bitter Pill Of Empiricism: Health Maintenance Organizations, Informed Consent, And The Reasonable Psychotherapist Standard Of Care, Ellen Wertheimer
The Bitter Pill Of Empiricism: Health Maintenance Organizations, Informed Consent, And The Reasonable Psychotherapist Standard Of Care, Ellen Wertheimer
Ellen Wertheimer
Although adequate for holding most professionals to certain levels of conduct, the doctrine of negligence has traditionally been difficult to apply to treatment decisions in the mental health arena. The reasons offered for this difficulty all appear to revolve around the fact that psychology is still very much a philosophy and not a science, making it difficult to establish a clear standard of care. The advent of managed behavioral health care, with its accompanying emphasis on scientifically supported intervention, promises to rectify this situation. Managed behavioral health care is forcing the field of psychotherapy into changing its fundamental nature, from …
Teaching Torts Without Insurance: A Second-Best Solution, David A. Fischer, Robert H. Jerry Ii
Teaching Torts Without Insurance: A Second-Best Solution, David A. Fischer, Robert H. Jerry Ii
Faculty Publications
Teachers, scholars and practitioners have long appreciated the symbiotic relationship of torts and insurance. Indeed, the assertion that tort law and insurance law are intertwined is utterly unremarkable; many commentators have observed that tort law cannot be understood if the business of insurance and the law regulating it is ignored, and that insurance law cannot be understood if tort law is ignored. Several generations of law students have read casebooks, which in varying degrees pay homage to the connections between torts and insurance. Many law review articles and noteworthy books (or portions thereof) have plumbed the tort-insurance relationship. Although one …
Apportioning Tort Damages In New York: A Method To The Madness, Paul F. Kirgis
Apportioning Tort Damages In New York: A Method To The Madness, Paul F. Kirgis
Faculty Law Review Articles
This Article proposes a unified formula for calculating damages in complex, multiparty tort cases. While the formula is my own, it incorporates the available case law and rests on the judgments of New York's most prominent civil practice scholars where no judicial guidance exists. Perhaps the most convincing claim to legitimacy I can offer, however, is the fact that my methodology produces results consistent with the principles motivating the statutory provisions at issue.
Teaching Torts Without Insurance: A Second-Best Solution, David A. Fischer, Robert H. Jerry Ii
Teaching Torts Without Insurance: A Second-Best Solution, David A. Fischer, Robert H. Jerry Ii
UF Law Faculty Publications
Teachers, scholars and practitioners have long appreciated the symbiotic relationship of torts and insurance. The authors examine how the study of torts is enriched when insurance concepts play a role in students' analysis. The discussion is divided into two parts. Part I offers a "macro" perspective on the connections between tort and insurance, summarizing the principal issues in play when the purposes of tort law are analyzed against the backdrop of first-party and third-party insurance compensation mechanisms. Part II provides a "micro" perspective on tort-insurance connections, taking a sample of discrete tort law principles, representative of those discussed in a …
Deterrence: The Legitimate Function Of The Public Tort, Thomas C. Galligan, Jr.
Deterrence: The Legitimate Function Of The Public Tort, Thomas C. Galligan, Jr.
Washington and Lee Law Review
No abstract provided.
Las Transformaciones Funcionales De La Responsabilidad Civil : La Óptica Sistématica. Análisis De Las Funciones De Incentivo O Desincentivo Y Preventiva De La Responsabilidad Civil En Los Sistemas Del Civil Law, Gastón Fernández Cruz
Gastón Fernández Cruz
No abstract provided.