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Articles 1 - 7 of 7
Full-Text Articles in Law
Extracting Medical Injury Information From The Legal System To Improve Patient Safety In The Health System: A Social Utility Approach, Mary Chaffee
University of Massachusetts Law Review
As many as 400,000 people die each year, and a million are injured, by preventable medical injuries sustained in the U.S. health system. Collection of data to enhance understanding of how unintended medical injuries happen is an essential part of harm-reduction strategies. While health system data collection and reporting processes have improved in recent years, the scope and intractability of the medical injuries problem demands new efforts. The legal system could contribute valuable medical injury data to patient safety efforts but current practices largely prevent it. In medical malpractice claims where parties settle, case information is routinely protected from disclosure …
Trending @ Rwu Law: Deborah Johnson's Post: Now "Defamation" Matters More Than Ever 11-16-2016, Deborah Johnson
Trending @ Rwu Law: Deborah Johnson's Post: Now "Defamation" Matters More Than Ever 11-16-2016, Deborah Johnson
Law School Blogs
No abstract provided.
Out Of The Black Hole: Toward A Fresh Approach To Tort Causation, Allan C. Hutchinson
Out Of The Black Hole: Toward A Fresh Approach To Tort Causation, Allan C. Hutchinson
Dalhousie Law Journal
The present state of Canadian doctrine on causation in tort law is in serious disarray Judges and jurists persist in thinking that it is a factual inquiry separate from policy concerns. This is made obvious in the recent Supreme Court decision in Clements and in the academic commentary around it. In contrast, I insist that the requirement of causation must be understood as being entirely part of the broader debate on the goals and policies of tort law generally Causation is a topic drenched with normative values and should be treated as such.
Finding Common Law Duty Of Care From Statutory Duties: All Within The Anns Framework, Gary Kok Yew Chan
Finding Common Law Duty Of Care From Statutory Duties: All Within The Anns Framework, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
This paper examines the relationship between statutory duties and the common law duty of care in the tort of negligence. There are apparently divergent judicial statements on the general approach towards duty of care to be owed by persons under a statutory duty. One central question arises: should the courts treat the common law duty of care as subsisting generally unless it is excluded by the statute or must the plaintiff show that the Parliament intended to confer a private right of action or impose a common law duty? This paper argues that the two approaches may be properly accommodated …
Limiting The Legal Liability Of Religious Institutions For Their Clergy: Cavanaugh V Grenville Christian College, M H. Ogilvie
Limiting The Legal Liability Of Religious Institutions For Their Clergy: Cavanaugh V Grenville Christian College, M H. Ogilvie
Dalhousie Law Journal
The purpose of this article is to explore the case law relating to the potential legal liability of ecclesiastical institutions for the conduct of their clergy and lay employees in the tort of negligence, vicarious liability and breach of fiduciary duty While a number of cases have resulted in findings of liability especially in those relating to the Indian residential schools, a recent decision from the Ontario Court of Appeal, Cavanaugh v. Grenville Christian College, suggests ways of thinking about the limits and scope of liability for institutions whose charitable purposes are occasionally betrayed by rogue persons over whom theymay …
An Intentional Tort Theory Of Patents, Saurabh Vishnubhakat
An Intentional Tort Theory Of Patents, Saurabh Vishnubhakat
Faculty Scholarship
This Article challenges the dogma of U.S. patent law that direct infringement is a strict liability tort. Impermissibly practicing a patented invention does create liability even if the infringer did not intend to infringe or know about the patent. The consensus is that this is a form of strict liability. The flaw in the consensus is that it proves too little, for the same is true of intentional torts: intent to commit the tort is unnecessary, and ignorance of the legal right is no excuse. What is relevant is intent to perform the action that the law deems tortious. So …
Online Defamation, Legal Concepts, And The Good Samaritan, Benjamin C. Zipursky
Online Defamation, Legal Concepts, And The Good Samaritan, Benjamin C. Zipursky
Valparaiso University Law Review
No abstract provided.