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Articles 1 - 14 of 14
Full-Text Articles in Law
Administrative Compensation For Medical Malpractice Injuries: Reconciling The Brave New World Of Patient Safety And The Torts System, Edward P. Richards, Thomas R. Mclean
Administrative Compensation For Medical Malpractice Injuries: Reconciling The Brave New World Of Patient Safety And The Torts System, Edward P. Richards, Thomas R. Mclean
Saint Louis University Law Journal
No abstract provided.
Doing Good, Doing Well, Howard M. Erichson
Doing Good, Doing Well, Howard M. Erichson
Vanderbilt Law Review
On the fiftieth anniversary of Brown v. Board of Education,' it is fitting that we should take account not only of what has become of school desegregation but also of the heroic public interest lawyer figure embodied by Thurgood Marshall. For his role as "the chief litigator for the civil rights movement," Marshall is widely regarded as a preeminent role model for public interest lawyers. Descriptions of Marshall's career as a public interest advocate emphasize not only his ability to "use the legal system as a tool for social change," but also his personal sacrifice as a lawyer who persevered …
Human Rights Violations As Mass Torts: Compensation As A Proxy For Justice In The United States Civil Litigation System, Elizabeth J. Cabraser
Human Rights Violations As Mass Torts: Compensation As A Proxy For Justice In The United States Civil Litigation System, Elizabeth J. Cabraser
Vanderbilt Law Review
On July 26, 2000, final approval was granted to a landmark $1.25 billion settlement of the claims of an international class of Holocaust victims against Swiss Banks that engaged in massive looting and misappropriation of assets entrusted to them by hundreds of thousands of Jews and other groups imprisoned, murdered, and dislocated by the Nazi regime. The Swiss Banks complaints linked the actions of Swiss financial institutions to the Nazi regime and its program of genocide.
The Swiss Banks litigation was brought and settled under federal class action rules in the United States District Court for the Eastern District of …
The Muddled Duty To Disclose Under Rule 10b-5, Donald C. Langevoort, G. Mitu Gulati
The Muddled Duty To Disclose Under Rule 10b-5, Donald C. Langevoort, G. Mitu Gulati
Vanderbilt Law Review
Because the federal securities laws are, at heart, about disclosure, the question of whether and when there is a duty to disclose is often the central question in any given case. Certainly, the Securities & Exchange Commission (SEC) has broad powers to compel disclosures by issuers and certain others and has crafted a mandatory disclosure regime that creates many explicit duties. For a variety of reasons, however, this explicit regime falls short of a comprehensive answer to the duty question. For some sixty years now, the hardest duty questions have been addressed under the rubric of fraud, mainly under Rule …
Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein
Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein
Law and Contemporary Problems
The rule of law helps to check tendencies to excess, aligns remedies with what happened to similarly situated persons in the past, and give both power and accountability to public officials. Asserting its perpetual demand of Muss es sein? in reaction to oppressions, tort law jolts stais into change.
This Land Is Your Land (Our Right To The Environment), Victor B. Flatt
This Land Is Your Land (Our Right To The Environment), Victor B. Flatt
West Virginia Law Review
No abstract provided.
Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer
Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer
San Diego International Law Journal
This Comment will address the unique dilemma of individuals in Kazakhstan whose health has been compromised by the former Soviet Union's 40-year period of nuclear testing on what is now Kazakhstan soil. The principal legal analysis of this Comment will focus on the availability of remedies (in the form of monetary damages available through legal resolution) to the citizens and/or state of Kazakhstan, and potential judicial forums in which to seek those remedies. Particular attention will be paid to the comparative likelihood of successful remedial legal action if pursued by a private class of Kazakhstan citizens versus action pursued by …
Contracting With Tortfeasors: Mandatory Arbitration Clauses And Personal Injury Claims, Elizabeth G. Thornburg
Contracting With Tortfeasors: Mandatory Arbitration Clauses And Personal Injury Claims, Elizabeth G. Thornburg
Law and Contemporary Problems
This article examines some of the cases in which courts have enforced arbitration clauses in personal injury litigation and considers why courts have reached the outcomes they have. It evaluates the ways that arbitration can disturb the traditional values of procedural justice, contractual fairness and the enforcement of tort-based duties. It suggests changes in the law regarding mandatory arbitration of personal injury claims and explores the extent to which change is possible.
Canadian Law Teachers In The 1930s: "When The World Was Turned Upside Down", Richard Risk
Canadian Law Teachers In The 1930s: "When The World Was Turned Upside Down", Richard Risk
Dalhousie Law Journal
During the 1930s. scholars in the Canadian common law schools introduced fundamental changes in ways of thinking about law, changes that made one of them. John Willis, say 'the world was turned upside down." These scholars rejected the past, especially the English legal thought of the late nineteenth century Instead, they were influenced by changes in the United States, which began early in the century, and by the emerging regulatory and welfare state. In private law subjects, Caesar Wright was central, using American ideas to challenge the dominant English authority, especially in his writing about torts. In public law subjects, …
Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ
University of Miami Inter-American Law Review
No abstract provided.
Lydia V. Horton: You No Longer Have To Protect Me From Myself, Kayce H. Mccall
Lydia V. Horton: You No Longer Have To Protect Me From Myself, Kayce H. Mccall
South Carolina Law Review
No abstract provided.
Federal Preemption Of Products Liability Claims, David G. Owen
Federal Preemption Of Products Liability Claims, David G. Owen
South Carolina Law Review
No abstract provided.
State Farm Mutual Automobile Insurance Co. V. Campbell: Refining Bmw Of North America, Inc. V. Gore And Further Restricting Punitive Damages, Bridget E. Leonard
State Farm Mutual Automobile Insurance Co. V. Campbell: Refining Bmw Of North America, Inc. V. Gore And Further Restricting Punitive Damages, Bridget E. Leonard
University of Richmond Law Review
No abstract provided.
Torts: Praying For The Parish Or Preying On The Parish? Clergy Sexual Misconduct And The Tort Of Clergy Malpractice, Emily C. Short
Torts: Praying For The Parish Or Preying On The Parish? Clergy Sexual Misconduct And The Tort Of Clergy Malpractice, Emily C. Short
Oklahoma Law Review
No abstract provided.