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Articles 1 - 4 of 4

Full-Text Articles in Law

Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel Jul 2000

Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel

Journal of Dispute Resolution

As negligent retention theories continue to grow, courts will inevitably address these questions. This article will offer a brief introduction to the tort of negligent retention and related doctrines and will discuss how courts will accommodate them within traditional labor law principles. Despite my impulsive reaction that negligent retention poses a threat to arbitration, I conclude that, for the most part, negligent retention and labor arbitration can coexist peacefully.


Merciful Damages: Some Remarks On Forgiveness, Mercy And Tort Law, Neal R. Feigenson Jan 2000

Merciful Damages: Some Remarks On Forgiveness, Mercy And Tort Law, Neal R. Feigenson

Fordham Urban Law Journal

This article explores the place of forgiveness and mercy in tort law, describing frequent misgivings about encouraging forgiveness or mercy as part of the substantive or procedural law of torts. Finally, the article suggests a new concept, "merciful damages" which might allow some of the benefits of forgiveness while avoiding or mitigating some common concerns.


Merciful Damages: Some Remarks On Forgiveness, Mercy And Tort Law, Neal R. Feigenson Jan 2000

Merciful Damages: Some Remarks On Forgiveness, Mercy And Tort Law, Neal R. Feigenson

Fordham Urban Law Journal

This article explores the place of forgiveness and mercy in tort law, describing frequent misgivings about encouraging forgiveness or mercy as part of the substantive or procedural law of torts. Finally, the article suggests a new concept, "merciful damages" which might allow some of the benefits of forgiveness while avoiding or mitigating some common concerns.


Alternative Liability In Litigation Malpractice Actions: Eradicating The Last Resort Of Scoundrels, Lawrence W. Kessler Jan 2000

Alternative Liability In Litigation Malpractice Actions: Eradicating The Last Resort Of Scoundrels, Lawrence W. Kessler

San Diego Law Review

The legal malpractice tort, however, has managed to withstand the winds of legal change. Particularly crucial has been the refusal to apply alternative causation doctrines. The refusal to apply causation doctrines that have been embraced in other areas has significant social effects. As a result, the consumers of legal services receive less protection from the courts than do the consumers of products or medical services.