Law Commons^™

Turn Out The Lights, The Party's Over: An Economic Analysis Of Kelly V. Gwinnell, Charles G. Popp

Northern Illinois University Law Review

This article examines the view, adopted by a growing number of courts, that social hosts should be liable for the negligent acts of their intoxicated guests.

Mobile Steel And Beyond: Trends In Equitable Subordination, Lydia E. Nyzio

South Carolina Law Review

No abstract provided.

Torts, Paul R. Joseph

Nova Law Review

Throughout the law there are powerful forces which are resistant

to change. The need for continuity and stability, the need to be able to

plan one's actions with some assurance as to the outcome of proposed

courses of conduct, argue for the status quo.

Modification Of The Doctrine Of Joint And Several Liability: Who Bears The Risk?, Stephanie Arma Kraft

Nova Law Review

On November 27, 1971, Aloysia Wood was driving a miniature race car at the Grand Prix Raceway in Walt Disney World when she was injured after another car driven by her fiancé struck hers.

Case Digest, Law Review Stafrf

Vanderbilt Journal of Transnational Law

Pursuant to the United States-France Estate Tax Treaty, the estate of a United States citizen who was domiciled in France is liable to the United States for taxes on real property located in France at rates effective when the citizen died provided the estate receives credit for the estate taxes paid to France

Norstar Bank of Upstate New York v. United States,644 F. Supp. 1112 (N.D.N.Y. 1986).

Political Question

Doctrine bars judicial consideration of claims that the United States mines placed in the Nicaraguan harbor of Corinto damaged a Norwegian ship. Krig-sforsikring for Skib, gjensidingforening (The Norwegian War Risk Insurance …

Modification Of The Doctrine Of Joint And Several Liability: Who Bears The Risk?, Stephanie Arma Kraft

Nova Law Review

On November 27, 1971, Aloysia Wood was driving a miniature race car at the Grand Prix Raceway in Walt Disney World when she was injured after another car driven by her fiancé struck hers.

Apportionment In Kentucky After Comparative Negligence, John M. Rogers

Kentucky Law Journal

No abstract provided.

Peer Review Committee Minutes And Memoranda: Non-Discoverable At All Costs, Howard S. Rabb

Journal of Law and Health

The purpose of this article is to illustrate the inherent problems of blanket peer review confidentiality and to suggest a more equitable approach. Part I traces the deveopment of reviewing hospital quality and explains the operation and justifications of peer review committees. In Part II, the arguments supporting confidentiality are compared with the public policy favoring proper disposition of corporate negligence cases in order to determine and recommend the correct level of confidentiality. In Part III, the peer review discovery statute in section 2305.251 of the Ohio Revised COde is critically evaluated for its practical value to the advancement of …

Recent Developments: Sterry V. Bethlehem Steel Corporation: Employer Liability Outside Of The Workmen's Compensation Act, Malinda S. Siegel

University of Baltimore Law Forum

No abstract provided.

Apportionment In Kentucky After Comparative Negligence, John M. Rogers

Law Faculty Scholarly Articles

Adoption of comparative negligence gives juries the task of allocating fault between a plaintiff and a defendant when both were negligent and both caused the plaintiff's injury. A logical corollary must be that juries are theoretically and practically able to make such an allocation. If so, it follows that juries are able to make such an allocation among multiple defendants, each of whom was found to be both negligent and a cause of the plaintiff's injury. The judicial adoption of comparative negligence in Kentucky therefore requires a reexamination of the rules applicable to multiple tortfeasors. Cases decided since the adoption …

Automatic Teller Machine Robberies: Theories Of Liability, Joan Miles

Fordham Urban Law Journal

This student note examines theories of liability arising from robberies and assaults at ATMs (automated teller machines). The author draws from tort law the principles of landowner liability for intentional, criminal acts of third parties that arise because of a landowner's failure to protect his or her tenants or customers. The author also examines recent legislation, the EFTA (electronic funds transfer act) to see if ATM robberies can be successfully categorized as 'unauthorized transfers' from banks. The author describes possible defenses for the banks based on the location and type of ATM that is robbed, and finally concludes that because …

Mppaa Withdrawal Liability Assessment: Letting The Fox Guard The Henhouse, Daniel A. Etna

Fordham Urban Law Journal

This student note discusses Congress's attempt to regulate group pension plans, and thus protect employees whose employers withdraw from those plans, through the Multiemployer Pension Plan Amendment Act of 1980. The author traces the history of multi-employer pension programs, including union and corporate plans, Taft-Hartley plans, and ERISA accounts, which were created through 1974 legislation (the Employee Retirement Income Security Act). The author discusses how liability arises under each type of plan when an employer decides to withdraw, juxtaposing the resulting liability with the consequences of voluntary arbitration. The author suggests an alternative, to insure the employer's removal from the …