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Articles 1 - 13 of 13

Full-Text Articles in Law

Torts, Frederick J. Moreau Nov 2010

Torts, Frederick J. Moreau

Cal Law Trends and Developments

No abstract provided.


Torts, Frederick J. Moreau Nov 2010

Torts, Frederick J. Moreau

Cal Law Trends and Developments

No abstract provided.


Survey: Woman And California Law, Amy C. Hirschkron, Michele M. Feher, Te Jung Chang Sep 2010

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 Sep 2010

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 Sep 2010

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 Jul 2010

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 Apr 2010

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 Apr 2010

Moore V. Williamsburg Regional Hospital, Andrew R. Deholl

South Carolina Law Review

No abstract provided.


Snyder V. Phelps, Sarah E. Merkle Apr 2010

Snyder V. Phelps, Sarah E. Merkle

South Carolina Law Review

No abstract provided.


Clarifying Causation In Tort, Erik S. Knutsen Apr 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 …