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Articles 1 - 6 of 6
Full-Text Articles in Law
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.
Tortious Toxics, Lisa Heinzerling, Cameron Powers Hoffman
Tortious Toxics, Lisa Heinzerling, Cameron Powers Hoffman
William & Mary Environmental Law and Policy 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.
The Risk Concept On Modern Tort Map: An Analytical Approach To English Law, Mashael Alhajeri
The Risk Concept On Modern Tort Map: An Analytical Approach To English Law, Mashael Alhajeri
Mashael Alhajeri
No abstract provided.
Federal Preemption Of State Tort Claims, Marin Roger Scordato
Federal Preemption Of State Tort Claims, Marin Roger Scordato
Scholarly Articles
This article explores a continuing disagreement among Justices of the United States Supreme Court regarding the proper doctrinal framework for federal preemption jurisprudence. This important difference in views became apparent in the four federal preemption cases that the Supreme Court decided during its 1999-2000 term. The article describes this critical disagreement among the Justices, places it in the larger context of preemption doctrine, and then carefully analyzes a number of possible resolutions.
Federal preemption is an area of enormous practical and theoretical importance. It is a subject that has earned a regular place on the Supreme Court's docket for many …
Kiss And Tell: Making The Case For The Tortious Transmission Of Herpes And Human Papillomavirus, Michele L. Mekel
Kiss And Tell: Making The Case For The Tortious Transmission Of Herpes And Human Papillomavirus, Michele L. Mekel
Michele L Mekel
Recognizing theories of recovery for a tort committed an estimated 6 million times per year in the United States alone at an annual cost in excess of $4 billion is logical--if not imperative. Not all jurisdictions, however, recognize theories of recovery when the tort in question is the wrongful transmission of herpes and/or human papillomavirus ("HPV"), two of the most common, incurable sexually transmitted diseases ("STDs") in America. Nevertheless, in Deuschle v. Jobe, the Court of Appeals for the Western District of Missouri took a significant step by acknowledging an unmarried sexual partner's right to bring negligence and intentional tort …