Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Agency (1)
- Charitable care (1)
- Charitable immunity (1)
- Charities (1)
- Contract theory (1)
-
- Contracts (1)
- Duties (1)
- England (1)
- Externalities (1)
- Heriot's Hospital (1)
- History (1)
- Hormone therapy (1)
- Immunity (1)
- Implied waiver (1)
- Judgments (1)
- Legal status (1)
- Liability (1)
- Low-income households (1)
- Medical expense (1)
- Medical malpractice (1)
- Medical services (1)
- Mersey Docks Trustees v. Gibbs (1)
- Negligence (1)
- Nonprofit Law (1)
- Nonprofit status (1)
- Nonprofits (1)
- Remedies (1)
- Sex reassignment surgery (1)
- State courts (1)
- Tax (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Dissecting O'Donnabhain, Anthony C. Infanti
Dissecting O'Donnabhain, Anthony C. Infanti
Articles
In O'Donnabhain v. Commissioner, a sharply divided Tax Court allowed a medical expense deduction for some costs related to sex reassignment surgery. This short commentary examines the opinions in the case and concludes that the taxpayer's victory rings hollow.
The Multiple Common Law Roots Of Charitable Immunity: An Essay In Honor Of Richard Epstein's Contributions To Tort Law, Jill R. Horwitz
The Multiple Common Law Roots Of Charitable Immunity: An Essay In Honor Of Richard Epstein's Contributions To Tort Law, Jill R. Horwitz
Articles
Professor Epstein has long promoted replacing tort-based malpractice law with a new regime based on contracts. In Mortal Peril, he grounded his normative arguments in favor of such a shift in the positive, doctrinal history of charitable immunity law. In this essay, in three parts, I critique Professor Epstein’s suggestion that a faulty set of interpretations in charitable immunity law led to our current reliance on tort for malpractice claims. First, I offer an alternative interpretation to Professor Epstein’s claim that one group of 19th and early 20th century cases demonstrates a misguided effort to protect donor wishes. Rather, I …