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Full-Text Articles in Law
It Is Now Safe To Move About The Cabin: Revisiting Air Carrier Liability For Passenger Injuries Due To Turbulence Using A Res Ipsa Loquitur Theory Of Negligence, Andrew R. Loeffler
It Is Now Safe To Move About The Cabin: Revisiting Air Carrier Liability For Passenger Injuries Due To Turbulence Using A Res Ipsa Loquitur Theory Of Negligence, Andrew R. Loeffler
Northern Illinois University Law Review
When a passenger on a commercial air carrier is injured as a result of an encounter with turbulence, the traditional negligence analysis applies to determine whether the airline is liable for the passenger's damages. As a common carrier, the airline owes its passengers the "highest duty of care." This Comment discusses whether the time has come to change the analysis in airline turbulence injuries to one of res ipsa loquitor--that the injury speaks for itself and would not occur without negligence by another. A review is made of the significant advances in weather forecasting, turbulence prediction, turbulence detection, and airline …
Self-Exclusion And The Compulsive Gambler: The House Shouldn't Always Win, Justin E. Bauer
Self-Exclusion And The Compulsive Gambler: The House Shouldn't Always Win, Justin E. Bauer
Northern Illinois University Law Review
This Comment examines the law revolving around a compulsive gambler's ability to exclude himself from a casino. While the current state of the law in many jurisdictions properly allows a person to place himself on a self-exclusion list," in an effort to be barred from entering into a casino, the law provides no remedy for the self-excluded gambler in the event that the casino negligently, deliberately, or even recklessly allows the self-excluded person to gamble. This comment calls for a change to that jurisprudence and invites the judiciary to allow a self-excluded gambler to receive redress from the casino that …
The 1851 Shipowners' Limitation Of Liability Act: Should The Courts Deliver The Final Blow?, Mark A. White
The 1851 Shipowners' Limitation Of Liability Act: Should The Courts Deliver The Final Blow?, Mark A. White
Northern Illinois University Law Review
This comment identifies the 1851 Shipowners' Limitation of Liability Act as an enduring problem within federal maritime law and suggests that the courts may be able to exercise their powers of judicial review to strike it down. The Act was initially adopted at a time when American shipowners were in dire need of protection from potentially ruinous lawsuits. The Act, although hastily drawn, was imperative to the growth of the fledgling American shipping industry. By the end of the nineteenth century, however, numerous forms of liability insurance had been created and America saw the advent of the corporate form. These …
Should An Illinois Tenant Get The Benefit Of The Landlord's Insurance?, John Dwight Ingram
Should An Illinois Tenant Get The Benefit Of The Landlord's Insurance?, John Dwight Ingram
Northern Illinois University Law Review
This article examines whether a landlord's insurance coverage should extend to cover his or her tenant's personal property from loss or damage caused by the tenant's negligence. Although the courts are divided on whether to allow the landlord's insurer to recover from the tenant through the insurance contract's subrogation clause, the author argues careful and thoughtful lease drafting can avoid or eliminate liability issues between the landlord and tenant. Such drafting gives the courts a clearer picture of the exact relationship between the parties and who should bear the risks involved under a given set of circumstances.
The Economic Efficiency Of The Robust Rules Of Modern Product Liability Law, Ronald Sisselman, David R. Wade
The Economic Efficiency Of The Robust Rules Of Modern Product Liability Law, Ronald Sisselman, David R. Wade
Northern Illinois University Law Review
Since the 1960's, courts have embraced rules imposing "strict liability" on manufacturers for defective products while eschewing traditional negligence rules. This shift has generated considerable scholarship. Much of this scholarship has utilized economic models to analyze legal rules in terms of their economic efficiency. This article, by partitioning the "accident event space," derives and focuses on an alternative set of economically efficient "robust rules" to the inappropriate and narrow "simple rules" derived by previous scholars. Through an examination of existing case law, this article demonstrates that these economically efficient "robust rules" more accurately explain courts' notion of strict liability and …
Turn Out The Lights, The Party's Over: An Economic Analysis Of Kelly V. Gwinnell, Charles G. Popp
Turn Out The Lights, The Party's Over: An Economic Analysis Of Kelly V. Gwinnell, Charles G. Popp
Northern Illinois University Law Review
This article examines the view, adopted by a growing number of courts, that social hosts should be liable for the negligent acts of their intoxicated guests.
The Pelham Decision, Attorney Malpractice And Third-Party Nonclient Recovery: The Rise And Fall Of Privity, Patrick Edward Braun
The Pelham Decision, Attorney Malpractice And Third-Party Nonclient Recovery: The Rise And Fall Of Privity, Patrick Edward Braun
Northern Illinois University Law Review
Theories extending recovery to third-party nonclients for attorney negligence are analyzed with a particular emphasis on the impact of Pelham v. Griesheimer on Illinois law.