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Articles 1 - 13 of 13
Full-Text Articles in Law
Braun V. Soldier Of Fortune: Tort Law Enters The Braun's Age As Constitutional Safeguards For Commercial Speech Buckle 'Neath The Crunch Of Third-Party Liability, Timothy J. Tatro
Braun V. Soldier Of Fortune: Tort Law Enters The Braun's Age As Constitutional Safeguards For Commercial Speech Buckle 'Neath The Crunch Of Third-Party Liability, Timothy J. Tatro
San Diego Law Review
Advertising is more than just a substantial source of revenue for publications. This author contends that advertising embodies the liberties of free speech and free press secured to all of us so fundamentally by the First Amendment. This Casenote analyzes Braun v. Soldier of Fortune Magazine, Inc., in which the Eleventh Circuit held a magazine liable for negligently publishing a gun-for-hire advertisement that allegedly resulted in the death of the plaintiff's father. The author is critical of this decision, noting the detrimental, long-reaching effects of sustaining a negligence action that penetrates so deeply into First Amendment freedoms.
Negligence, Strict Liability, And Manufacturer Failure To Warn: On Fitting Round Pegs In A Square Hole, Denis W. Boivin
Negligence, Strict Liability, And Manufacturer Failure To Warn: On Fitting Round Pegs In A Square Hole, Denis W. Boivin
Dalhousie Law Journal
In the common law provinces of Canada, it is generally recognized that a plaintiff in a products liability action in tort must prove four elements in order to succeed: first, that the product contains a defect traceable either to its manufacture, to its design, orto its warnings or instructions; second, that the defendant manufacturer was somehow negligent in connection with this defect; third, that there is some causal connection between the manufacturer's negligence and the damages suffered by the plaintiff; and fourth, that these damages are such as to give rise to compensation in law. In the United States, in …
A Primer On The Patterns Of Negligence, Thomas C. Galligan Jr.
A Primer On The Patterns Of Negligence, Thomas C. Galligan Jr.
Louisiana Law Review
No abstract provided.
Caveat Emptor: Will The A.L.I. Erode Strict Liability In The Restatement (Third) For Products Liability?, John F. Vargo
Caveat Emptor: Will The A.L.I. Erode Strict Liability In The Restatement (Third) For Products Liability?, John F. Vargo
Touro Law Review
No abstract provided.
Strict Products Liability Under Restatement (Second) Of Torts § 402a: "Don't Throw The Baby Out With The Bathwater", M. Stuart Madden
Strict Products Liability Under Restatement (Second) Of Torts § 402a: "Don't Throw The Baby Out With The Bathwater", M. Stuart Madden
Touro Law Review
No abstract provided.
Panel Discussion Of Section 402a
Putting A Chill On Contract Murder: Braun V. Soldier Of Fortune And Tort Liability For Negligent Publishing, Brian J. Cullen
Putting A Chill On Contract Murder: Braun V. Soldier Of Fortune And Tort Liability For Negligent Publishing, Brian J. Cullen
Villanova Law Review
No abstract provided.
The Appropriate Role Of Plantiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
The Appropriate Role Of Plantiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
Touro Law Review
No abstract provided.
Reflections On The Historical Context Of Section 402a, Oscar S. Gray
Reflections On The Historical Context Of Section 402a, Oscar S. Gray
Touro Law Review
No abstract provided.
Osha Evidence In Federal Court Products Liability Actions: Too Prejudicial To Be Admissible To Prove A Machine's Safety Or Defect, Or Simply Additional Evidence For The Fact Finder?, Michael Siris
Touro Law Review
No abstract provided.
Using Comparative Fault To Replace The All-Or-Nothing Lottery Imposed In Intentional Torts Suits In Which Both Plaintiff And Defendant Are At Fault, Gail D. Hollister
Using Comparative Fault To Replace The All-Or-Nothing Lottery Imposed In Intentional Torts Suits In Which Both Plaintiff And Defendant Are At Fault, Gail D. Hollister
Vanderbilt Law Review
All or nothing. For years this idea of absolutes has been a hallmark of tort law despite the inequities it has caused. Plaintiffs must either win a total victory or suffer total defeat. In recent years courts and legislatures have begun to recognize the injustice of the all-or-nothing approach and to replace it with rules that permit partial recoveries that are more equitably tailored to the particular facts of each case.' The most dramatic example of this more equitable approach is the nearly universal rejection of contributory negligence in favor of comparative fault in negligence cases. Almost all jurisdictions, however, …
From A Reporter's Perspective: A Prospective Agenda, Aaron Twerski
From A Reporter's Perspective: A Prospective Agenda, Aaron Twerski
Touro Law Review
No abstract provided.
Scared To Death: A Cause Of Action For Aids Phobia, Harris J. Zakarin
Scared To Death: A Cause Of Action For Aids Phobia, Harris J. Zakarin
Touro Law Review
No abstract provided.