Law Commons^™

Misrepresentation By Lawyers About Credentials Or Experience, Vincent R. Johnson, Shawn M. Lovorn

Faculty Articles

Authorities appropriately condemn dishonesty by attorneys in the broadest terms. In moving from moral principles to legal liability, however, it is important to think carefully about when a lawyer’s conduct misleads a client in a way that is actionable. Whether liability will be imposed depends upon the nature of the misrepresentation, the status of the plaintiff, the theory of liability, and the presence of competing interests or special considerations.

Basic principles of American tort law provide useful guidance in defining the disclosure obligations of attorneys. But like tort law itself, the answers are not simple. What an attorney may, must, …

The Avid Sportsman And The Scope For Self-Protection: When Exculpatory Clauses Should Be Enforced, Robert H. Heidt

Articles by Maurer Faculty

No abstract provided.

A Continuing Whimsical Search For The True Meaning Of The Term “Product” In Products Liability Litigation, Charles E. Cantú

Faculty Articles

More than a decade has elapsed since an initial attempt was made to discern the true meaning of the term product in products liability litigation. At the time, a brief history of events leading up to the adoption of Section 402A of the Restatement (Second) of Torts was outlined, and it was emphasized that what had at first seemed so simple subsequently proved to be somewhat complex.

An examination of cases involving the sales/service transaction, as well as those involving real estate, blood, electricity, component parts, water, computer software, and ideas, sometimes held that what was involved was a product. …

Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

This paper critically analyzes the possibility and structure of First Amendment defenses to actions, both private and public, arising out of sexual misconduct by members of the clergy. Part I traces the expansion of relevant theories of tort and criminal liability, and the waning of immunities, constitutional and statutory, that once applied to such actions. Part II of the paper advances a normative theory of the constitutional distinctiveness of religion, and ties that theory to the possibility of ecclesiastical immunity. Most conceptions of such immunity represent assertions of the liberty of religious organizations, and are grounded in the Constitution's Free …