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- Civil forfeiture (1)
- Constitutional law (1)
- Doctrine of informed consent (1)
- Fourteenth Amendment (1)
- HIV transmission to patients (1)
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- HIV-infected surgeon (1)
- Health care (1)
- Human Immunodeficiency Virus (1)
- Innocent owners (1)
- Invasive procedures (1)
- Mississippi Products Liability Act of 1993 (1)
- Mississippi law (1)
- Right to due process (1)
- Risk of disclosure (1)
- Risk of transmission (1)
- Sexual Harassment (1)
- Standard of disclosure (1)
- Tort reform (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Anita Hill Meets Godzilla: Confessions Of A Horror Movie Fan, Wendy B. Scott
Anita Hill Meets Godzilla: Confessions Of A Horror Movie Fan, Wendy B. Scott
Journal Articles
The cases and events discussed in this Essay involve African- American women who have confronted oppression in the civil and criminal courts, and other arenas, in both celebrated and unsung victories: victories not only for Black women, but for women and men of all hues who seek social justice. I will use these cases and events to illustrate the relationship between stereotypes and myths, born during the antebellum and Jim Crow era, and contemporary manifestations of sexual harassment and other forms of sex-based exploitation. I will go on to discuss the means used by women, in the workplace of chattel …
When The Surgeon Has Hiv: What To Tell Patients About The Risk Of Exposure And The Risk Of Transmission, Phillip L. Mcintosh
When The Surgeon Has Hiv: What To Tell Patients About The Risk Of Exposure And The Risk Of Transmission, Phillip L. Mcintosh
Journal Articles
This Article explores the legal aspects of the dilemma facing an HIV-infected surgeon with respect to whether the doctrine of informed consent requires, or can require, disclosure of the surgeon's HIV-infection under some circumstances. This Article then examines the nature of the risks associated with HIV as they affect patients during surgery. Next, this Article evaluates whether the risks are sufficiently material to require disclosure (or at least to present a jury question), and, in any event, whether state law can require such disclosure under the Americans with Disabilities Act of 1990 (ADA). In particular this Article examines the doctrine …
Note, Civil Forfeiture And Innocent Owners, Deborah Challener
Note, Civil Forfeiture And Innocent Owners, Deborah Challener
Journal Articles
Although forfeiture is an ancient practice, its constitutional validity has only recently been seriously questioned. Historically, the Supreme Court has relied on a legal fiction-that the property itself is guilty-to confiscate property without regard to the Constitution. Cloaking itself in the "guilty property fiction," the Court has virtually ignored the property owner's culpability. In Bennis, the Court decided whether an owner's interest in property is subject to forfeiture when the owner entrusts the property to a party who uses it to commit a crime, even if the owner has no knowledge of the illegal use.
Tort Reform In Mississippi: An Appraisal Of The New Law Of Products Liability, Part I, Phillip L. Mcintosh
Tort Reform In Mississippi: An Appraisal Of The New Law Of Products Liability, Part I, Phillip L. Mcintosh
Journal Articles
In 1993, as a result of tort reform efforts, the Mississippi legislature enacted legislation that made dramatic changes in the law of products liability as well as in the law of punitive damages. On July 1, 1994, the substantive portions of the new legislation became effective, and the products liability portion of the new legislation replaced the judicially adopted Section 402A of the Restatement (Second) of Torts as the primary basis of products liability law in the state. Those who supported the new Act did so because they saw it as a way to bring stability and predictability to the …