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Articles 1 - 7 of 7

Full-Text Articles in Law

Makes Sense To Me: How Moderate, Targeted Federal Tort Reform Legislation Could Solve The Nation's Asbestos Litigation Crisis, Mark H. Reeves Nov 2003

Makes Sense To Me: How Moderate, Targeted Federal Tort Reform Legislation Could Solve The Nation's Asbestos Litigation Crisis, Mark H. Reeves

Vanderbilt Law Review

During the three decades he spent working as a machinist for the United States Navy, Henry Plummer suffered continuous exposure to the asbestos used in the insulation, gaskets and pipe coverings of warships. In late 1999, a biopsy confirmed that he had developed mesothelioma, a gruesome type of cancer that kills all those who contract it and is caused only by asbestos. In an effort to combat his cancer, Mr. Plummer embarked on a long, painful course of treatments that included chemotherapy and the removal of his left lung in April 2000. In early 2001, however, Mr. Plummer's doctor informed …


On The Prospect Of “Daubertizing” Judicial Review Of Risk Assessment, Thomas O. Mcgarity Oct 2003

On The Prospect Of “Daubertizing” Judicial Review Of Risk Assessment, Thomas O. Mcgarity

Law and Contemporary Problems

Lawyers for companies subject to federal health, safety and environmental regulation hope that stringent substantive judicial review will relieve their clients of the burdens of much regulation without the need for troublesome legislative battles they seem unable to win. McGarity argues that assigning a Daubert-like (Daubert v. Merrell Dow Pharmaceuticals Inc) gatekeeper role to courts engaged in judicial review of agency risk assessments is a profoundly bad idea.


Just What The Doctor Ordered: The Admissibility Of Differential Diagnosis In Pharmaceutical Product Litigation, Wendy Michelle Ertmer May 2003

Just What The Doctor Ordered: The Admissibility Of Differential Diagnosis In Pharmaceutical Product Litigation, Wendy Michelle Ertmer

Vanderbilt Law Review

In the decade since Daubert v. Merrell Dow Pharmaceuticals Inc., federal judges have exercised their role as gatekeepers of expert witness testimony to evaluate many different categories of scientific evidence. They have not done so without controversy, however. Because the element of causation in pharmaceutical product litigation is frequently dispositive, the application of Daubert to scientific evidence of causation has been particularly contentious. Plaintiffs in such cases must prove both general causation-that the product is capable of causing an injury of the type from which the plaintiff suffers-and specific causation-that the product was the actual cause of the plaintiffs injury. …


A Taxing Settlement, Hanoch Dagan, James J. White Jan 2003

A Taxing Settlement, Hanoch Dagan, James J. White

Law Quadrangle (formerly Law Quad Notes)

Citizens sue industries for tort injuries. That is familiar. Governments sue the same industries for costs suffered in ameliorating or preventing those injuries. That is unfamiliar. This new pattern of litigation and settlement inherently puts the government in competition with its citizens.


From Equity To Adequacy: The Legal Battle For Increased State Funding Of Poor School Districts In New York, Brian J. Nickerson, Gernard M. Deenihan Jan 2003

From Equity To Adequacy: The Legal Battle For Increased State Funding Of Poor School Districts In New York, Brian J. Nickerson, Gernard M. Deenihan

Fordham Urban Law Journal

This Article evaluates the influence of federal courts' school finance cases on the New York school finance groups' decision to litigate in the New York courts. It then analyzes the importance of other states' legal precedents in school finance cases as a factor influencing interest groups in New York to challenge the state's public education funding formulas. This Article discusses the progression of public elementary and secondary school funding formula litigation in New York, focusing on the legal arguments raised by various interest group-plaintiffs and tracing the development of those arguments to school finance cases in other states. The conclusion …


Accountants' Accountability To Nonclients In Texas., Jessica P. Gomez Jan 2003

Accountants' Accountability To Nonclients In Texas., Jessica P. Gomez

St. Mary's Law Journal

This Comment proposes that accountants be held liable to any foreseeable user of their work product to ensure the deterrence of negligence on their part. Currently, the three main common law theories concerning whether nonclients can sue accountants for negligence are: (1) the privity rule; (2) the Restatement (Second) of Torts § 552; and (3) the foreseeability standard. Many states follow the Restatement approach entitled “Information Negligently Supplied for the Guidance of Others.” Texas imposes liability on accountants but fails to extend protections to third parties who rely upon the accuracy of financial statements. Further, Texas liability does not expose …


Is Notice Required In A Title Ix Athletics Action Not Involving Sexual Harassment? , Diane Heckman Jan 2003

Is Notice Required In A Title Ix Athletics Action Not Involving Sexual Harassment? , Diane Heckman

Marquette Sports Law Review

No abstract provided.