Law Commons^™

Re-Thinking Liability For Vaccine Injury, Jeffrey A. Van Detta, Joanna B. Apolinsky

Jeffrey A. Van Detta

In April 2009, the first cases of the novel influenza A (H1N1) virus were detected in humans in the United States. To date, there have been 17,855 confirmed or probable cases of H1N1 infection and 45 deaths in the United States alone. More than 70 countries have now confirmed human infection with novel H1N1 flu. On June 11, 2009, the World Health Organization raised the worldwide pandemic alert level to Phase 6. At this time, as H1N1 is a new virus, there is little human immunity to it. Moreover, there is no vaccine to prevent the spread of the virus. …

Dialogue With A Neurosurgeon: Toward A Dépeçage Approach To Achieve Tort Reform And Preserve Corrective Justice In Medical Malpractice Cases, Jeffrey A. Van Detta

Jeffrey A. Van Detta

comprised of a dialogue between me, a law professor who teaches torts among a wide array of subjects, and an orthopedic neurosurgeon, who also happens to have been one of my torts students. Our objective is to focus our tort-reform analysis on common errors that occur in complex neurosurgery. We seek to provide a new paradigm both for measuring the standard of care in such malpractice cases and for adjudicating those cases. The dialogue is used as the basis for creating what I call a Dépeçage Model For Classification Of Errors And Resolution Techniques For The Medical Malpractice Claim Arising …

Dialogue With A Neurosurgeon: Toward A Dépeçage Approach To Achieve Tort Reform And Preserve Corrective Justice In Medical Malpractice Cases, Jeffrey A. Van Detta

Jeffrey A. Van Detta

This article is comprised of a dialogue between me, a law professor who teaches torts among a wide array of subjects, and an orthopedic neurosurgeon, who also happens to have been one of my torts students. Our objective is to focus our tort-reform analysis on common errors that occur in complex neurosurgery. We seek to provide a new paradigm both for measuring the standard of care in such malpractice cases and for adjudicating those cases. The dialogue is used as the basis for creating what I call a Dépeçage Model For Classification Of Errors And Resolution Techniques For The Medical …

The Decline And Fall Of The American Judicial Opinion: Back To The Future From The Roberts Court To Learned Hand, Jeffrey A. Van Detta

Jeffrey A. Van Detta

In September 2008, Adam Liptak of the N.Y. Times wrote in an article “American Exception: U.S. Court Now Guiding Fewer Nations”:

Judges around the world have long looked to the decisions of the United States Supreme Court for guidance, citing and often following them in hundreds of their own rulings since the Second World War.

But now American legal influence is waning. Even as a debate continues in the court over whether its decisions should ever cite foreign law, a diminishing number of foreign courts seem to pay attention to the writings of American justices.

This is astonishing to many …

The Decline And Fall Of The American Judicial Opinion: Back To The Future From The Roberts Court To Learned Hand, Jeffrey A. Van Detta

Jeffrey A. Van Detta

In September 2008, Adam Liptak of the N.Y. Times wrote in an article “American Exception: U.S. Court Now Guiding Fewer Nations”:

Judges around the world have long looked to the decisions of the United States Supreme Court for guidance, citing and often following them in hundreds of their own rulings since the Second World War.

But now American legal influence is waning. Even as a debate continues in the court over whether its decisions should ever cite foreign law, a diminishing number of foreign courts seem to pay attention to the writings of American justices.

This is astonishing to many …