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Full-Text Articles in Law

In Defense Of The Restatement Of Liability Insurance Law, Tom Baker, Kyle D. Logue Apr 2017

In Defense Of The Restatement Of Liability Insurance Law, Tom Baker, Kyle D. Logue

Articles

The importance of liability law to the American system of justice, and to the US economy in general, are well known. Somewhat less well known, at least among non-lawyers, is the corresponding centrality of liability insurance. For most non-contractual legal claims for damages that are brought against individuals or firms, there is some form of liability insurance coverage. Such coverage, provided by state-regulated insurance companies, ranges from auto and homeowners’ policies (sold to consumers throughout the country) to commercial general liability policies (sold to businesses of all sizes) to professional liability policies of various sorts (including Directors and Officers coverage …


Encouraging Insurers To Regulate: The Role (If Any) For Tort Law, Kyle D. Logue Dec 2015

Encouraging Insurers To Regulate: The Role (If Any) For Tort Law, Kyle D. Logue

Articles

Insurance companies are financially responsible for a substantial portion of the losses associated with risky activities in the economy. The more insurers can lower the risks posed by their insureds, the more competitively they can price their policies, and the more customers they can attract. Thus, competition forces insurers to be private regulators of risk. To that end, insurers deploy a range of techniques to encourage their insureds to reduce the risks of their insured activities, from charging experience-rated premiums to discounting premium rates for insureds who make specific behavioral changes designed to reduce risk. Somewhat paradoxically, however, tort law …


The President's Enforcement Power, Kate Andrias Jan 2013

The President's Enforcement Power, Kate Andrias

Articles

Enforcement of law is at the core of the President’s constitutional duty to “take Care” that the laws are faithfully executed, and it is a primary mechanism for effecting national regulatory policy. Yet questions about how presidents oversee agency enforcement activity have received surprisingly little scholarly attention. This Article provides a positive account of the President’s role in administrative enforcement, explores why presidential enforcement has taken the shape it has, and examines the bounds of the President’s enforcement power. It demonstrates that presidential involvement in agency enforcement, though extensive, has been ad hoc, crisis-driven, and frequently opaque. The Article thus …


State Bystander Responsibility, Monica Hakimi Jan 2010

State Bystander Responsibility, Monica Hakimi

Articles

International human rights law requires states to protect people from abuses committed by third parties. Decision-makers widely agree that states have such obligations, but no framework exists for identifying when states have them or what they require. The practice is to varying degrees splintered, inconsistent, and conceptually confused. This article presents a generalized framework to fill that void. The article argues that whether a state must protect someone from third-party harm depends on the state's relationship with the third party and on the kind of harm caused. A duty-holding state must take reasonable measures to restrain the abuser. That framework …


The Multiple Common Law Roots Of Charitable Immunity: An Essay In Honor Of Richard Epstein's Contributions To Tort Law, Jill R. Horwitz Jan 2010

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 …


Private Liability For Reckless Consumer Lending, John A. E. Pottow Jan 2007

Private Liability For Reckless Consumer Lending, John A. E. Pottow

Articles

Congress recently enacted amendments to the Bankruptcy Code that possess the overarching theme of cracking down on debtors due to the increasing rate at which individuals have been filing for bankruptcy. Taking into account the correlation between the overall rise in consumer credit card debt and the rate of individual bankruptcy filings, the author nevertheless hypothesizes that not all credit card debt is troubling. Instead, the author proposes that the catalyst driving individual bankruptcy rates higher than ever is the level of "bad credit"-or credit extended to individuals even though there is a reasonable likelihood that the individual will be …


Justification By Faith, Carl E. Schneider Jan 1999

Justification By Faith, Carl E. Schneider

Articles

In June 1997 a sixteen-year-old girl named Shannon Nixon began to feel ill. Her parents belonged to the Faith Tabernacle Church, one of a number of American sects which believe that illness should be treated spiritually rather than medically. Accordingly, the Nixons prayed for Shannon and took her to be anointed at their church. Shannon reported that she felt better and that the spiritual treatment had gained her her victory-her recovery. Before long, however, Shannon again felt ill. She became weaker and weaker and then fell into a coma. A few hours later she died. An autopsy revealed that she …


On The Duties And Rights Of Parents, Carl E. Schneider May 1995

On The Duties And Rights Of Parents, Carl E. Schneider

Articles

The law of the family is the law of the absurd. Law is a system of rules administered institutionally, and thus it must treat people categorically. When law regulates economic life, it finds people at arguably their most schematic, motivated-perhaps-by a relatively unitary conception of their interest pursued in relatively rational ways. But in family life, people are at their least schematic and at their most frustratingly human, various, idiosyncratic, irrational, and perverse, and the law's efforts to affect them are thus often quixotic. In Parents as Fiduciaries, 1 Professor Scott and Dean Scott strikingly and boldly deploy the …


Landowner's Duty To Strangers On His Premises - As Developed In The Iowa Decisions, Herbert F. Goodrich Jan 1922

Landowner's Duty To Strangers On His Premises - As Developed In The Iowa Decisions, Herbert F. Goodrich

Articles

It is one thing to know a general rule of common law. It is another to know the application of the general rule, its variations and-exceptions, in a particular state. Both are important. Without the first, the lawyer becomes the mere tradesman. Worse than that for him, he is often helpless, for with all the gray mule and spotted cow cases to which a benevolent digester directs him he does not sense the legally significant facts so that he can recognize an authority when he sees it. Without the second, even the lawyer with a grasp of fundamentals is at …


Privity Of Contract And Tort Liability, Herbert F. Goodrich Jan 1922

Privity Of Contract And Tort Liability, Herbert F. Goodrich

Articles

Two parties, A and B, make a contract whereby B undertakes to perform certain services for A. He performs his task in a negligent manner, and as a consequence C, a third party, suffers injury. Has C rights against B?


Subsequent Impossibility As Affecting Contractual Obligations, Ralph W. Aigler Jan 1919

Subsequent Impossibility As Affecting Contractual Obligations, Ralph W. Aigler

Articles

Where the law creates a duty or charge and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him. * * * But where the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. Paradine v. Jane, Aleyn, 26, a case not really involving a question of impossibility. Most discussions of the effect of subsequent impossibility of performance …


The Degree Of Care Required In The Operation Of A Scenic Railway, Ralph W. Aigler Jan 1910

The Degree Of Care Required In The Operation Of A Scenic Railway, Ralph W. Aigler

Articles

The case of O'Callaghan v. Dellwood Park Co., - Ill. -, 89 N. E. 1005. decided by the supreme court of Illinois, October 26, 1909, is of interest because of the holding of owners and operators of scenic railways to the same high degree of care required of railroads and common carriers of passengers in general. The action was in case for the recovery of damages for injuries suffered by the plaintiff by reason of having been thrown out of a car on defendant's scenic railway. The plaintiff had paid the usual charge for the ride and was, at the …


The New Federal Administration, Thomas M. Cooley Dec 1876

The New Federal Administration, Thomas M. Cooley

Articles

After four months of feverish excitement and anxious and depressing expectancy, during which no one could anticipate what a day might bring forth, and the prophets of evil with general accord tuned their voices to disaster, the heart of the nation made a great leap for joy when President Hayes, on the steps of the Capitol, proclaimed his firm purpose to carry into practical operation the pledges contained in his letter of acceptance. The mists which hung over the political affairs of the nation at once disappeared, the depression gave way to cheerful confidence, and dangerous excitement was supplanted by …


Liability Of Public Officers To Private Actions For Neglect Of Official Duty, Thomas M. Cooley Dec 1876

Liability Of Public Officers To Private Actions For Neglect Of Official Duty, Thomas M. Cooley

Articles

A public office is a public trust.The incumbent has a property right in it, but the office is conferred, not for his benefit, but for the benefit of the political society. The duties imposed upon the officer are supposed to be capable of classification under one of three heads: the legislative, executive, or judicial; and to pertain, accordingly, to one of the three departments of the government designated by these names. But the classification cannot be very exact, and there are numerous officers who cannot be classified at all under these heads. The reason will be apparent if we name …