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Articles 1 - 7 of 7
Full-Text Articles in Law
Using Tort Law To Secure Patient Dignity, Robin Fretwell Wilson
Using Tort Law To Secure Patient Dignity, Robin Fretwell Wilson
Faculty Scholarship
The practice of using anesthetized patients to teach pelvic exams on female patients in university hospitals has been well documented for years. A 1992 study showed that 37 percent of U.S. and Canadian medical schools allowed students to use anesthetized women without their consent to learn how to perform pelvic exams. Anecdotal accounts in the U.S. confirm that men are not immune from such indignities. Although patients have been unable, thus, far to enforce their own interests and protect their dignity, the tort system may yet succeed in securing the right of patients to decide who touches their bodies and …
The Enterprise Of Liability, Anita Bernstein
The Enterprise Of Liability, Anita Bernstein
Faculty Scholarship
No abstract provided.
Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein
Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein
Faculty Scholarship
No abstract provided.
Legal Malpractice Insurance: Surviving The Perfect Storm, Susan Saab Fortney
Legal Malpractice Insurance: Surviving The Perfect Storm, Susan Saab Fortney
Faculty Scholarship
This article serves as a practical guide to legal malpractice insurance. Part I introduces the topic of legal malpractice insurance with a brief overview of the changes that occurred in market conditions in 2000 and the subsequent effect on insurance premiums and coverage. Part II outlines the different types of insurance coverage that are available to legal professionals by describing common policy terms, exclusions, and conditions that affect coverage. Part III describes changes in law firms that may affect coverage. Part IV provides legal professionals with useful advice to consider when choosing an insurance policy. Part V reveals important factors …
Joint And Several Liability In Minnesota: The 2003 Model, Michael K. Steenson
Joint And Several Liability In Minnesota: The 2003 Model, Michael K. Steenson
Faculty Scholarship
The 2003 amendment to Minnesota’s Comparative Act can be assessed in various ways. Whether it will have the economic impact its proponents suggest it will have is a question that is not susceptible of a ready answer now, or perhaps in the immediate future. From a fairness standpoint, any assessment of the amendment has to take into consideration the full reach of the Comparative Fault Act. It is important to understand that on balance the Act works to the disadvantage of the plaintiff in a variety of ways. The plaintiff cannot recover if the plaintiff’s fault is greater than the …
Doing Good, Doing Well Symposium, Howard M. Erichson
Doing Good, Doing Well Symposium, Howard M. Erichson
Faculty Scholarship
Rather than focusing on the differences between tort lawyers and activists as they ally with each other, this Article focuses on the motivations and explanations of the tort lawyers themselves. Positioned at the intersection of big-money practice and social change litigation, mass torts provide a useful study in multiple motivations. While financial incentives for plaintiffs' lawyers explain much of what happens in mass torts, policy objectives come into play as well, at least in the lawyers' rhetoric. Despite the obvious difficulty distinguishing reasons from rhetoric and rationalization, it is worth exploring the significance of mixed motives for lawyers who are …
Slavery And Tort Law, Keith N. Hylton
Slavery And Tort Law, Keith N. Hylton
Faculty Scholarship
This paper evaluates the claim for slavery reparations from a torts perspective. I start with an examination of the injuries inflicted on slaves, and the extent to which tort law provides a vehicle for redressing these injuries. I then take up the question of derivative claims, claims brought by someone other than the direct victim, a category which covers the reparations complaint. Lastly, I discuss the accounting demand by the reparations plaintiffs. The derivative status of reparations claims presents special obstacles for plaintiffs. However, applying today's law to slavery should be viewed as bringing law to a regime from which …