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Articles 1 - 13 of 13
Full-Text Articles in Law
Torts, Frederick J. Moreau
Torts, Frederick J. Moreau
Survey: Woman And California Law, Amy C. Hirschkron, Michele M. Feher, Te Jung Chang
Survey: Woman And California Law, Amy C. Hirschkron, Michele M. Feher, Te Jung Chang
Golden Gate University Law Review
This survey of California, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.
Tort Remedies For Incestuous Abuse, Margaret J. Allen
Tort Remedies For Incestuous Abuse, Margaret J. Allen
Golden Gate University Law Review
This Comment explores the problem of incestuous abuse between father and daughter, traditional tort theories available to the incest victim/survivor, defenses fathers might raise, and the availability of punitive damages to the incest victim/survivor.
Survey: Women And California Law, Michele Modena-Kurpinsky
Survey: Women And California Law, Michele Modena-Kurpinsky
Golden Gate University Law Review
This survey of California case law and legislation is a regular feature of the Women's Law Forum. The survey summarizes recent California Supreme Court decisions, courts of appeal decisions, and new legislation which are of special importance to women. The focus of the survey is on presenting issues most pertinent to women, rather than on analyzing all issues raised in each case or bill. The survey period for cases in this issue is March 1, 1981 through February 28, 1982. Summaries of significant legislation enacted between October 1, 1980 and December 31, 1981 are also included.
The Tortious Loss Of A Nonviable Fetus: A Miscarriage Leads To A Miscarriage Of Justice, Douglas E, Rushton
The Tortious Loss Of A Nonviable Fetus: A Miscarriage Leads To A Miscarriage Of Justice, Douglas E, Rushton
South Carolina Law Review
No abstract provided.
Tort Damages And The New Science Of Happiness, Rick Swedloff, Peter H. Huang
Tort Damages And The New Science Of Happiness, Rick Swedloff, Peter H. Huang
Indiana Law Journal
No abstract provided.
Moore V. Williamsburg Regional Hospital, Andrew R. Deholl
Moore V. Williamsburg Regional Hospital, Andrew R. Deholl
South Carolina Law Review
No abstract provided.
Snyder V. Phelps, Sarah E. Merkle
Clarifying Causation In Tort, Erik S. Knutsen
Clarifying Causation In Tort, Erik S. Knutsen
Dalhousie Law Journal
This article argues that there is nothing overly confusing about the law ofcausation in negligence. It attempts to define the current state of causation in Canadian negligence law with a simple goal in mind: to have a clearer more productive conversation about the law with the fundamental concepts clearly on the table. The author argues that while the leading decisions on causation are often couched in broad-based, universal terminology to refrain from inhibiting conceptual portability,the cases can be read as a sustained continuum of conversations about causation. A cohesive framework for the law is offered by taking a longitudinal perspective …
Companion Animal, Sebastien Gay
Companion Animal, Sebastien Gay
Animal Law Review
This Article presents a theory of the economic value of companion animal life. Under the existing United States torts regime, the standard damages award available to an owner for an action arising from a companion animal death is its fair market value. This approach implicitly assumes that pet owners are irrational, given that they generally invest more in their pets than the animal’s fair market value. This Article suggests that, based on an economic model that conceptualizes companion animals as an employee-investment hybrid, the value of a companion animal is higher than its fair market value. This model has implications …
Climate Change And The Public Law Model Of Torts: Reinvigorating Judicial Restraint Doctrines, Donald G. Gifford
Climate Change And The Public Law Model Of Torts: Reinvigorating Judicial Restraint Doctrines, Donald G. Gifford
South Carolina Law Review
No abstract provided.
Defense Against Outrage And The Perils Of Parasitic Torts, Geoffrey C. Rapp
Defense Against Outrage And The Perils Of Parasitic Torts, Geoffrey C. Rapp
Georgia Law Review
Two prominent narratives in tort law scholarship
address the increasing recognition of claims for loss of
emotional tranquility and the expanding privilege to use
force in defense of self and others. This Article explores a
puzzle in tort law that challenges these traditional
accounts. Can force be used to defend against intentional
extreme or outrageous conduct threatening a person with
severe emotional distress? The answer in the case law and
articulated doctrine appears to be "no." The law permits
the use of force to protect dignitary interests, in the case of
offensive battery and assault, but seems to deny the …