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1991

Torts

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Institution
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Articles 1 - 22 of 22

Full-Text Articles in Law

Understanding Joint And Several Liability, Richard W. Wright Dec 1991

Understanding Joint And Several Liability, Richard W. Wright

All Faculty Scholarship

No abstract provided.


Understanding Joint And Several Liability, Richard W. Wright Nov 1991

Understanding Joint And Several Liability, Richard W. Wright

Richard W. Wright

No abstract provided.


Canadian Tort Law: A Review For The Nineties, B T. Hill Oct 1991

Canadian Tort Law: A Review For The Nineties, B T. Hill

Dalhousie Law Journal

My purpose in writing this review follows from a tradition initiated by feminist scholars. My analysis of Canadian Tort Law. Cases, Notes and Materials begins with a survey of the casebook with commentary concerning its historical development as a casebook, focussing on instances where gender issues are raised. I then offer a critique concerning the lack of consideration and misappropriation of gender issues in the recently released 1990 edition of the casebook, using illustrative examples from the casebook and a selection of two feminists' critique of tort law. Some modest suggestions for improvement are made throughout the review, and the ...


Morguard Investments Limited: Reforming Federalism From The Top, Peter Finkle, Simon Coakeley Oct 1991

Morguard Investments Limited: Reforming Federalism From The Top, Peter Finkle, Simon Coakeley

Dalhousie Law Journal

Nations are not only unified markets, but usually they are at least that. In most discussions about national unity, adequate account is taken of the importance of the free movement of goods, capital and people. Rarely, though, does the discussion encompass the necessity of legally assuring such movement in the domestic marketplace through the practical modality of secure remedies for breaches of obligations in contracts and tort. De Savoye v. Morguard Investments Ltd is a landmark decision by the Supreme Court of Canada that considers the extent of jurisdiction that provincial courts may exercise and the associated concern with the ...


Breland V. Schilling: Louisiana's Approach To "Injuries Expected Or Intended From The Standpoint Of The Insured", Leland Redding Gallaspy Sep 1991

Breland V. Schilling: Louisiana's Approach To "Injuries Expected Or Intended From The Standpoint Of The Insured", Leland Redding Gallaspy

Louisiana Law Review

No abstract provided.


Doctor No: Medical Malpractice On Trial, Stephen D. Sugarman Aug 1991

Doctor No: Medical Malpractice On Trial, Stephen D. Sugarman

Stephen D Sugarman

Can medical malpractice law be reformed for the benefit of patients and the health care system? This article addresses that issue through a review of Paul Weiler's book "Medical Malpractice on Trial."


Book Reviews, Thomas G. Field Jr. Jun 1991

Book Reviews, Thomas G. Field Jr.

RISK: Health, Safety & Environment (1990-2002)

Reviews of the following two books: VALUING HEALTH Risks. COSTS, AND BENEFITS FOR ENVIRONMENTAL DECISION MAKING (P. Brett Hammond and Rob Coppock, eds.) THE LIABILITY MAZE: THE IMPACT OF LIABILITY LAW ON SAFETY AND INNOVATION (Peter W. Huber And Robert E. Litan, eds.)


Right-Talk And Torts-Talk: A Commentary On The Road Not Taken In The Intellectual History Of Tort Law, Paul A. Lebel Apr 1991

Right-Talk And Torts-Talk: A Commentary On The Road Not Taken In The Intellectual History Of Tort Law, Paul A. Lebel

Faculty Publications

No abstract provided.


Chapter 13'S Liberal Discharge Provisions And "Willful And Malicious" Tort Judgments: Creditor Classification As A Means Of Accounting For The Debtor's Egregious Action, Robert L. Miller Apr 1991

Chapter 13'S Liberal Discharge Provisions And "Willful And Malicious" Tort Judgments: Creditor Classification As A Means Of Accounting For The Debtor's Egregious Action, Robert L. Miller

William & Mary Law Review

No abstract provided.


Judicial And Adminstrative Enforcement Of Individual Rights Under The National Labor Relations Act And Under The Labor-Management Relations Act Between 1935 And 1990 - An Historical And Empirical Analysis Of Unsettled Intercircuit And Intracircuit Conflicts, Willy E. Rice Apr 1991

Judicial And Adminstrative Enforcement Of Individual Rights Under The National Labor Relations Act And Under The Labor-Management Relations Act Between 1935 And 1990 - An Historical And Empirical Analysis Of Unsettled Intercircuit And Intracircuit Conflicts, Willy E. Rice

Faculty Articles

This Article is concerned with exploring the extent to which both the National Labor Relations Act of 1935 and the Labor-Management Relations Act of 1947 have protected individual employees' rights in administrative and judicial proceedings.


"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger Mar 1991

"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Lender Liability: The Dilemma Of The Controlling Creditor, J. Dennis Hynes Jan 1991

Lender Liability: The Dilemma Of The Controlling Creditor, J. Dennis Hynes

Articles

No abstract provided.


Third Party Liability Of The Private Space Industry: To Pay What No One Has Paid Before, Van C. Ernest Jan 1991

Third Party Liability Of The Private Space Industry: To Pay What No One Has Paid Before, Van C. Ernest

Case Western Reserve Law Review

No abstract provided.


The Right To Privacy'S Place In The Intellectual History Of Tort Law, David W. Leebron Jan 1991

The Right To Privacy'S Place In The Intellectual History Of Tort Law, David W. Leebron

Case Western Reserve Law Review

No abstract provided.


Uncertainty Chaos And The Torts Process: An Economic Analysis Of Legal Form , Jason Scott Johnston Jan 1991

Uncertainty Chaos And The Torts Process: An Economic Analysis Of Legal Form , Jason Scott Johnston

Cornell Law Review

No abstract provided.


Educational Malpractice: A Tort Is Born, Johnny C. Parker Jan 1991

Educational Malpractice: A Tort Is Born, Johnny C. Parker

Cleveland State Law Review

This article examines the judicial justification for the nonrecognition of educational malpractice as a theory of tort liability. Section I focuses on the various factual contexts in which educational malpractice claims have arisen and analyzes the concept of duty and proximate cause in the different factual contexts. Section II discusses the common law principles which demonstrate that the analytical problems associated with educational malpractice are not new to the law. Section III examines public policy as a distinct component of the duty-proximate cause inquiry. Section IV also focuses on public policy as expressed by various state legislatures regarding the teaching ...


Educational Malpractice: A Tort Is Born, Johnny C. Parker Jan 1991

Educational Malpractice: A Tort Is Born, Johnny C. Parker

Cleveland State Law Review

This article examines the judicial justification for the nonrecognition of educational malpractice as a theory of tort liability. Section I focuses on the various factual contexts in which educational malpractice claims have arisen and analyzes the concept of duty and proximate cause in the different factual contexts. Section II discusses the common law principles which demonstrate that the analytical problems associated with educational malpractice are not new to the law. Section III examines public policy as a distinct component of the duty-proximate cause inquiry. Section IV also focuses on public policy as expressed by various state legislatures regarding the teaching ...


Governmental Inaction As A Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells Jan 1991

Governmental Inaction As A Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells

Scholarly Works

DeShaney v. Winnebago County Department of Social Services is the Supreme Court's first major effort to define the scope of state and local governments' affirmative obligations under the fourteenth amendment. The Court rejected liability against a county welfare agency and a caseworker for failing to prevent a father from severely beating his four-year-old son. The Court intimated that constitutional affirmative duties exist only where the plaintiff is in the state's custody. Scholarly commentary reads the case as announcing a sweeping prohibition against the imposition of affirmative duties in other contexts. Professors Eaton and Wells demonstrate that the DeShaney ...


The Power Of Private Facts, Anita L. Allen Jan 1991

The Power Of Private Facts, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


The Illusive Meaning Of The Term "Product" Under Section 402a Of The Restatement (Second) Of Torts, Charles E. Cantu Jan 1991

The Illusive Meaning Of The Term "Product" Under Section 402a Of The Restatement (Second) Of Torts, Charles E. Cantu

Oklahoma Law Review

No abstract provided.


Musings On A Famous Law Review Article: The Shadow Of Substance, Diane Leenheer Zimmerman Jan 1991

Musings On A Famous Law Review Article: The Shadow Of Substance, Diane Leenheer Zimmerman

Case Western Reserve Law Review

No abstract provided.


Real And Imagined Effects Of Statutes Restricting The Liability Of Nonmanufacturing Sellers Of Defective Products, John G. Culhane Dec 1990

Real And Imagined Effects Of Statutes Restricting The Liability Of Nonmanufacturing Sellers Of Defective Products, John G. Culhane

John G. Culhane

No abstract provided.