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Articles 2401 - 2430 of 9024
Full-Text Articles in Law
The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr.
The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr.
Pepperdine Law Review
No abstract provided.
Infant Pain And Suffering: The Valuation Dilemma, Peter N. Kalionzes
Infant Pain And Suffering: The Valuation Dilemma, Peter N. Kalionzes
Pepperdine Law Review
No abstract provided.
Remedy For The Intentional Torts Of A Workmen's Compensation Carrier, Everett E. Demler
Remedy For The Intentional Torts Of A Workmen's Compensation Carrier, Everett E. Demler
Pepperdine Law Review
No abstract provided.
Losing The Struggle To Define The Proper Balance Between The Law Of Defamation And The First Amendment - Gertz V. Robert Welch, Inc.: One Step Forward, Two Steps Back, Douglas B. Large, Kristopher Kallman
Losing The Struggle To Define The Proper Balance Between The Law Of Defamation And The First Amendment - Gertz V. Robert Welch, Inc.: One Step Forward, Two Steps Back, Douglas B. Large, Kristopher Kallman
Pepperdine Law Review
No abstract provided.
A Prescription Warning, Carlton Lee Harpst
A Prescription Warning, Carlton Lee Harpst
Pepperdine Law Review
No abstract provided.
The Landlord's Tort Liability For Injuries Caused By Defects Upon The Demised Premises , Michael K. Mckibbin
The Landlord's Tort Liability For Injuries Caused By Defects Upon The Demised Premises , Michael K. Mckibbin
Pepperdine Law Review
No abstract provided.
California's Response For Wrongful Death Of A Stillborn Fetus: Justus V. Atchison, Phyllis A. Dow
California's Response For Wrongful Death Of A Stillborn Fetus: Justus V. Atchison, Phyllis A. Dow
Pepperdine Law Review
No abstract provided.
Comparative Fault And Strict Products Liability: Are They Compatible?, C. R. Hickey
Comparative Fault And Strict Products Liability: Are They Compatible?, C. R. Hickey
Pepperdine Law Review
No abstract provided.
Management's Right To Resort To Injunctive Relief And Self-Help In Order To Prevent Trespassory Union Activity: An Examination Of May Department Stores Co. V. Teamsters Union Local No. 743, Frank J. D'Oro Jr
Pepperdine Law Review
No abstract provided.
Emergence Of The "Tender Years" Doctrine: Too Young To Drink, But Capable Of Escaping The Civil Consequences?, William R. Slomanson
Emergence Of The "Tender Years" Doctrine: Too Young To Drink, But Capable Of Escaping The Civil Consequences?, William R. Slomanson
Pepperdine Law Review
No abstract provided.
Intimate Liability: Emotional Harm, Family Law, And Stereotyped Narratives In Interspousal Torts, Fernanda G. Nicola
Intimate Liability: Emotional Harm, Family Law, And Stereotyped Narratives In Interspousal Torts, Fernanda G. Nicola
William & Mary Journal of Race, Gender, and Social Justice
Tort liability expanded in the twentieth century, a shift scholars generally attribute to the reorganization of tort law around the fault principle. In privileging compensation and deterrence, this reconfiguration ended various restrictions on liability, long viewed as arbitrary, including limits to the recovery for emotional harm and interspousal immunities. Tort and family law scholars alike portray the end of such immunities as a milestone for gender equality. Their elimination enables spouses and partners to secure compensation for emotional and physical abuse arising in intimate relationships. Yet, tort law is not operating in this way. On the contrary, by endorsing a …
Mining, Uranium, Bert Chapman
Mining, Uranium, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of uranium mining's role and influence in the American West with comparative information on uranium mining in foreign countries.
Adequately Representing Groups, Elizabeth Chamblee Burch
Adequately Representing Groups, Elizabeth Chamblee Burch
Scholarly Works
Adequate representation and preclusion depend on whether the courts treat a litigant as part of a group experiencing an aggregate harm or as a distinct person suffering individual injuries. And though a vast literature about adequate representation exists in the class-action context, it thins dramatically when contemplating other forms of group litigation, such as parens patriae actions and multidistrict litigation. As class actions have gradually fallen into disfavor and attorneys and commentators seek alternative means for resolving group harms, the relative clarity of Rule 23 wanes. How should courts evaluate adequate representation in parens patriae actions and in multidistrict litigation? …
How Long Is Forever This Time? The Broken Promise Of Bankruptcy Trusts, S. Todd Brown
How Long Is Forever This Time? The Broken Promise Of Bankruptcy Trusts, S. Todd Brown
Journal Articles
Bankruptcy trusts consistently fail to protect the interests of future claimants as contemplated by Section 524(g) of the Bankruptcy Code. Although this reality is generally understood, the extent of this failure has not been examined. And, as demonstrated in this study, the degree to which trusts are failing future victims is greater than commonly realized. More than two-thirds of the trusts that have completed their initial claims processing are paying new asbestos personal injury victims at or near historically low rates, and several others appear to be defunct or inactive. Nearly two-thirds of the trusts that remain active have reduced …
Workers' Compensation: Alternatives Are Limited, Irvin Stander
Workers' Compensation: Alternatives Are Limited, Irvin Stander
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Remedies In The Field Of Toxic Torts, Janet L. Heller
Administrative Remedies In The Field Of Toxic Torts, Janet L. Heller
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Summary Of Egan V. Chambers, 129 Nev. Adv. Op. 25, Oscar Peralta
Summary Of Egan V. Chambers, 129 Nev. Adv. Op. 25, Oscar Peralta
Nevada Supreme Court Summaries
The Court reexamined whether NRS 41A.071's affidavit-of-merit requirement applies to claims for professional negligence, which it had answered only a few years ago in Fierle v. Perez. The Court held that the plain and unambiguous language of NRS 41A.071 indicates that professional negligence actions are not subject to its affidavit-of-merit requirement, which applies only to medical or dental malpractice actions.
Managed Care Grievance Procedures: The Dilemma And The Cure , Joyce Krutick Craig
Managed Care Grievance Procedures: The Dilemma And The Cure , Joyce Krutick Craig
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The September 11th Victim Compensation Fund Of 2001: A Better Alternative To Litigation?, Wendy Floering
The September 11th Victim Compensation Fund Of 2001: A Better Alternative To Litigation?, Wendy Floering
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Understanding And Mitigating The Negative Impacts Of Product Recalls In The Global Supply Chain, Emily Carow
Understanding And Mitigating The Negative Impacts Of Product Recalls In The Global Supply Chain, Emily Carow
Honors Projects in Management
Product recalls can be detrimental to any company; the event can be costly and often causes a loss of company reputation, customer trust and loyalty, and sometimes a loss of customer lives. With the number of product recalls on the rise, the issue has become of utmost importance, and although government agencies are set in place to protect the customers, there is no such agency to act in the best interest of the company experiencing the recall (Sowinski, 2012). Therefore, understanding best practices for the prevention of, reaction to, and recovery from product recalls can be extremely beneficial to a …
The Supreme Court's Bright Line Ruling In Riegel V. Medtronic, Inc. Gives Manufacturers Of Defective Medical Devices Broad Immunity, Sadaf Bathaee
The Supreme Court's Bright Line Ruling In Riegel V. Medtronic, Inc. Gives Manufacturers Of Defective Medical Devices Broad Immunity, Sadaf Bathaee
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Remedies: A Guide For The Perplexed, Doug Rendleman
Remedies: A Guide For The Perplexed, Doug Rendleman
Scholarly Articles
Remedies is one of a law student’s most practical courses. Remedies students and their professors learn to work with their eyes on the question at the end of litigation: what can the court do for the successful plaintiff? Remedies develops students’ professional identities and broadens their professional horizons by reorganizing their analysis of procedure, torts, contracts, and property around choosing and measuring relief - compensatory damages, punitive damages, an injunction, specific performance, disgorgement, and restitution. This article discusses the law-school course in Remedies - the content of the Remedies course, the Remedies classroom experience, and Remedies outside the classroom through …
What Is The Media In The Age Of The Internet? Defamation Law And The Blogosphere, Lauren Guicheteau
What Is The Media In The Age Of The Internet? Defamation Law And The Blogosphere, Lauren Guicheteau
Washington Journal of Law, Technology & Arts
As more people turn to blogs as a source of news and information, the distinction between blogs and traditional media sources has become more complex for courts dealing with First Amendment issues. In the recent case, Obsidian Finance Group, LLC v. Cox, the United States District Court for the District of Oregon held that the defendant, a blogger, was not a member of the media for the purposes of a defamation claim. The court held that media defendants must be at least negligent to be liable for defamatory publications, but because the blogger was a non-media defendant, she was …
Protecting Intangible Cultural Resources: Alternatives To Intellectual Property Law, Gerald Carr
Protecting Intangible Cultural Resources: Alternatives To Intellectual Property Law, Gerald Carr
Michigan Journal of Race and Law
Cultural resources can be defined as "the tangible and intangible effects of an individual or group of people that define their existence, and place them temporally and geographically in relation to their belief systems and their familial and political groups, providing meaning to their lives." The field of cultural resources includes tangible items, such as land, sacred sites, and religious and finerary objects. The field also includes intangible knowledge and customs, such as tribal names, symbols, stories, and ecological, ethnopharmacological, religious, or other traditional knowledge. The tangible cultural resources of tribes can fall under the protection of statutes such as …
Twenty-First Century Tort Theories: The Internalist/Externalist Debate, Michael L. Rustad
Twenty-First Century Tort Theories: The Internalist/Externalist Debate, Michael L. Rustad
Indiana Law Journal
American Association of Law Schools Torts & Compensation Systems Panel
Beneath The Surface Of Civil Recourse Theory, Martha Chamallas
Beneath The Surface Of Civil Recourse Theory, Martha Chamallas
Indiana Law Journal
American Association of Law Schools Torts & Compensation Systems Panel
Civil Recourse Defended: A Reply To Posner, Calabresi, Rustard, Chamallas, And Robinette, John C. Goldberg, Benjamin Zipursky
Civil Recourse Defended: A Reply To Posner, Calabresi, Rustard, Chamallas, And Robinette, John C. Goldberg, Benjamin Zipursky
Indiana Law Journal
American Association of Law Schools Torts & Compensation Systems Panel
Balancing Intentional Infliction Of Emotional Distress Claims And First Amendment Protections In Snyder V. Phelps, Douglas Behrens
Balancing Intentional Infliction Of Emotional Distress Claims And First Amendment Protections In Snyder V. Phelps, Douglas Behrens
Cardozo Public Law, Policy & Ethics Journal
The article explores the delicate balance between First Amendment protections and Intentional Infliction of Emotional Distress (IIED) claims, using the Snyder v. Phelps case as a focal point. It argues that while the Supreme Court correctly ruled in favor of Westboro Baptist Church's free speech rights, the current legal framework for balancing these interests is outdated. The author proposes an "enhanced publicity test" to modernize the analysis, ensuring that speech contributing to public discourse is protected while safeguarding individuals from severe emotional harm caused by malicious speech.
Civil Recourse Theory's Reductionism, Guido Calabresi
Civil Recourse Theory's Reductionism, Guido Calabresi
Indiana Law Journal
American Association of Law Schools Torts & Compensation Systems Panel
Two Roads Diverge For Civil Recourse Theory, Christopher J. Robinette
Two Roads Diverge For Civil Recourse Theory, Christopher J. Robinette
Indiana Law Journal
American Association of Law Schools Torts & Compensation Systems Panel