Law Commons^™

Vicarious Windfalls, Justin Sevier

Scholarly Publications

The vicarious liability doctrine, which holds third parties responsible for the legal obligations of their duly authorized agents, was designed in part to ensure that tort victims are not undercompensated by insolvent agent wrongdoers. But many legal scholars are highly critical of the doctrine and suggest that fact finders’ systematic biases-particularly with respect to corporate third parties-cause unworthy tort plaintiffs to be overcompensated at the expense of innocent, deep-pocket corporate defendants. These scholars have offered little empirical evidence for these claims and, in fact, behavioral research suggests that their predictions are incorrect.

This Article introduces the concept of the vicarious …

Overtreatment And Informed Consent: A Fraud-Based Solution To Unwanted And Unnecessary Care, Isaac D. Buck

Florida State University Law Review

According to multiple accounts, the administration of American health care results in as much as $800 billion in wasted spending due largely to the provision of overly expensive, inefficient, and unnecessary services. Beyond inflicting fiscal pain on the nation’s pocketbook, this waste has no clinical benefit—and often results in unnecessary hospital stays, cascading follow-up procedures, and time-wasting inconvenience for American patients. But aside from the mere annoyance of unnecessary care, the administration of overtreatment—that is, unnecessary care in and of itself—causes harm to the patient. Excessive care is deficient care. Unnecessary care risks potential medical error and infection, and often …

Privacy As Quasi-Property, Lauren Henry Scholz

Scholarly Publications

Courts and commentators struggle to apply privacy law in a way that conforms to the intuitions of the average person. It is often assumed that the reason for this discrepancy is the absence of an agreed upon conceptual definition of privacy. In fact, the lack of a description of the interest invaded in a privacy matter is the more substantial hurdle. This Article provides such a description of the privacy interest.

Privacy is quasi-property. Quasi-property is a relational entitlement to exclude. Unlike real property, there is no freestanding right to exclude from a quasi-property interest absent reference to a relationship …

A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Nat Stern, Mark Joseph Stern

Scholarly Publications

No abstract provided.

The Medical Liability Exemption: A Path To Affordable Pharmaceuticals, Carrie E. Rosato

Florida State University Law Review

Patent monopolies are tolerated because we believe they promote progress that benefits society. What should be done when these monopolies actually increase human suffering? Drug prices in America are fifty to eighty percent higher than the rest of the world, meaning many cannot afford drugs that will improve or even save their lives. When striking a balance between the interests of the patent holder and that of the public, it is important to bear in mind that the rewards granted to patentees are secondary to the public benefit derived from their labors. The ideal solution would come from Congress creating …

Impaired Physicians And The Scope Of Informed Consent: Balancing Patient Safety With Physician Privacy, Sarah Haston

Florida State University Law Review

No abstract provided.

Implications Of Libel Doctrine For Nondefamatory Falsehoods Under The First Amendement, Nat Stern

Scholarly Publications

No abstract provided.

A Realistic Evaluation Of Climate Change Litigation Through The Lens Of A Hypothetical Lawsuit, Shi-Ling Hsu

Scholarly Publications

Several dozen cases that can be classified as "climate change litigation" have been filed worldwide, and legal scholars have already generated a considerable amount of writing on the phenomenon. The debate and scholarship has sometimes gotten ahead of itself, reflecting on the normative implications of outcomes that are still speculative at this point. This Article seeks to ground this debate by analyzing the actual legal doctrines that may serve as bases for liability, and seeks to make a realistic evaluation of the likelihood of success of these types of suits. Climate change litigation, in its various forms, raises issues of …

Corporate Accountability For Environmental Human Rights Abuse In The Developing Nations: Making The Case For Punitive Damages Under The Alien Tort Claims Act, Audrey Koecher

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Civil And Criminal Recidivists: Extraterritoriality In Tort And Crime, Wayne A. Logan

Scholarly Publications

Historically, punitive damage awards and criminal sentences have shared the common justifications of punishment and deterrence, with the culpability of tortfeasors and criminals alike being enhanced as a result of repeat misconduct. The Supreme Court’s 2003 decision in State Farm v. Campbell suggests, however, that the parallels now in effect stop at the state line. The extraterritorial misconduct of tortfeasors is permitted to play a very limited role, if any, in the assessment of punitive damage awards. Meanwhile, such misconduct continues to be used by courts to significantly enhance the sentences of criminal defendants, an asymmetry accentuated by California v. …

Florida's Tort Reform Act: Keeping The Faith With The Promise Of Hoffman V. Jones, George N. Meros, Jr., Chanta Hundley

Florida State University Law Review

No abstract provided.

Tort Reform 1999: A Building Without A Foundation, Robert S. Peck, Richard Marshall, Kenneth D. Kranz

Florida State University Law Review

No abstract provided.

At The Crossroads Of Environmental And Human Rights Standards: Aguinda V. Texaco, Inc. Using The Alien Tort Claims Act To Hold Multinational Corporate Violators Of International Laws Accountable In U.S. Courts, Lisa Lambert

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Information Liability: The Possible Chilling Effect Of Tort Claims Against Producers Of Geographic Information Systems Data, Jennifer L. Phillips

Florida State University Law Review

No abstract provided.

Toward A More Just And Predictable Civil Justice System, George N. Meros, Jr.

Florida State University Law Review

No abstract provided.

Tort Reform 1997-98: Profits V. People, Kenneth D. Kranz

Florida State University Law Review

No abstract provided.

Sexual Harassment In The Legal Profession: Workplace Education And Reform, Civil Remedies, And Professional Discipline, Lisa Pfenninger

Florida State University Law Review

No abstract provided.

Sharing Accountability For Breast Implants: Strict Products Liability And Medical Professionals Engaged In Hybrid Sales/Service Cosmetic Products Transactions, Richard L. Cupp, Jr.

Florida State University Law Review

No abstract provided.

Liability For 'Knowing' Transmission Of Hiv: The Evolution Of A Duty To Disclose, Jody B. Gabel

Florida State University Law Review

No abstract provided.

A Cry For Help: An Argument For Abrogation Of The Parent-Child Tort Immunity Doctrine In Child Abuse And Incest Cases, Caroline E. Johnson

Florida State University Law Review

No abstract provided.

When The Shepherd Preys On The Flock: Clergy Sexual Exploitation And The Search For Solutions, Eduardo Cruz

Florida State University Law Review

No abstract provided.

Note, Hedonic Damages For Wrongful Death: Are Tortfeasors Getting Away With Murder?, Erin O'Hara O'Connor

Scholarly Publications

No abstract provided.

No More Teachers' Dirty Looks -- Now They Sue: Analysis Of Plaintiff Status Determinations In Defamation Actions By Public Educators, Richard E. Johnson

Florida State University Law Review

The constitutionalization of defamation law in 1964 created a revolution in first amendment jurisprudence. The United States Supreme Court established protection for statements concerning public officials unless the statements were made with actual malice, i.e., knowledge of falsity or reckless disregard of truth or falsity. Later, the Court extended much of that protection to statements about public figures who are not government employees. Though the Court eventually narrowed the scope of its public figure doctrine, it never receded from the protection accorded to statements about public officials. The author of this Article contends that this distinction has eluded many state …

The Implications Of 42 U.S.C. § 1983 For The Privatization Of Prisons, Charles W. Thomas, Linda S. Calvert Hanson

Florida State University Law Review

No abstract provided.

Byrd V. Lohr, 488 So. 2d 138 (Fla. 5th Dca 1986), Diane Wagner Carr

Florida State University Law Review

Torts-PUNITIVE DAMAGES-THE FLORIDA SUPREME COURT IS ASKED TO DECIDE WHETHER PUNITIVE DAMAGES MAY BE AWARDED AGAINST A DECEASED TORTFEASOR'S ESTATE

Constitutional Stumbling Blocks To Legislative Tort Reform, Kenneth Vinson

Florida State University Law Review

Recent attempts by state legislators to reform the tort system have frequently been struck down by the courts on constitutional grounds. In this light, the author reviews the hostile judicial reactions to tort reform from the turn-of-the-century challenges to workers' compensation schemes through present day reform efforts. In the discussion of modern day efforts, the author focuses on attempts by the Florida Legislature to deal with the insurance crisis and then examines the Florida Supreme Court's use of state constitutional provisions to block these efforts. The author concludes that the judiciary should allow the legislature and the voters a freer …

Avallone V. Board Of County Commissioners, 493 So. 2d 1002 (Fla. 1986)

Florida State University Law Review

Torts-SOVEREIGN IMMUNITY-SUPREME COURT OF FLORIDA RULES THAT PLANNING/OPERATIONAL DICHOTOMY NOT APPLICABLE UNDER LIABILITY INSURANCE STATUTE

Kelley V. R.G. Industries, 497 A.2d 1143 (Md. 1985), Matthew S. Steffey

Florida State University Law Review

Torts--STRICT LIABILITY-MANUFACTURERS' OR MARKETERS' LIABILITY FOR THE CRIMINAL USE OF SATURDAY NIGHT SPECIALS: A NEW COMMON LAW APPROACH

Everton V. Willard, 468 So. 2d 936 (Fla. 1985), Donna Sessions Waters

Florida State University Law Review

Torts-SOVEREIGN IMMUNITY-THE FLORIDA SUPREME COURT DECIDES LAW ENFORCEMENT OFFICERS HAVE NO DUTY TO ARREST DRUNK DRIVERS

Proximate Cause Should Be Barred From Wandering Outside Negligence Law, Kenneth Vinson

Florida State University Law Review

No abstract provided.