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Articles 1 - 12 of 12
Full-Text Articles in Law
Health Regulation And Construction Of Hospitals And Other Health Care Facilities: Require Nursing Homes To Perform Criminal Record Checks On Applicants For Employment, Julie J. Srochi
Georgia State University Law Review
The Act provides for criminal record checks of all persons who wish to become employed by nursing home facilities. It also provides that the Georgia Crime Information Center (GCIC) is immune from liability for faulty reporting. Additionally, the Act immunizes nursing homes from liability for certain claims an employee or employment applicant may have based on a GCIC report to the nursing home facility.
Computer Bulletin Board Operator Liability For Users' Infringing Acts, M. David Dobbins
Computer Bulletin Board Operator Liability For Users' Infringing Acts, M. David Dobbins
Michigan Law Review
This Note argues that a computer bulletin board operator's liability for copyright infringement by users of the bulletin board should be analyzed under the theory of contributory copyright infringement. This Note calls for a standard of liability under contributory copyright infringement that accommodates the competing interests at stake in the resolution of this issue. Part I provides an overview of copyright infringement law and argues that in most situations the operator's actions, viewed independently, do not constitute copyright infringement. Part II explores theories of third-party liability. This Part rejects the doctrine of vicarious liability as an effective means for establishing …
Property Landlord And Tenant: Require Landlords To Give Written Notice To Prospective Residential Tenants Of Recent Flooding Of Leased Property; Impose Tort Liability For Noncompliance, Michael R. Tippett
Georgia State University Law Review
The Act provides that an owner of real property who seeks to rent or lease that property for residential occupancy must notify the prospective tenant in writing, prior to the execution of the lease, of the property’s propensity for flooding if the property has been damaged by flooding at least three times in the five-year period preceding the date of the lease. If the owner fails to provide such notice, the owner will be liable in tort for damage to the tenant’s personal property or property of the tenant’s resident relative proximately caused by flooding occurring during the term of …
Health Cardiopulmonary Resuscitation: Authorize Emergency Medical Technicians To Effectuate A "Do Not Resuscitate" Order For Patients At Home; Provide A "Do Not Resuscitate" Order Form And An Identifying Bracelet, Anklet, Or Necklace To Be Worn By Patients At Home; Provide For Notification Of Revocation Or Cancellation Of A "Do Not Resuscitate" Order, Susan Beth Jacobs
Georgia State University Law Review
The Act authorizes a health care professional or an emergency medical technician (EMT) to effectuate a “do not resuscitate” order for patients who are receiving care from a health care facility or for patients at home. The Act provides that a physician may designate a “do not resuscitate” order, and the patient at home shall wear an identifying bracelet or necklace which alerts medical personnel to the order. An EMT can regard either the order or the identifying bracelet or necklace as a legally sufficient order not to resuscitate. A physician must notify the health care facility staff if the …
Calming Aids Phobia: Legal Implications Of The Low Risk Of Transmitting Hiv In The Health Care Setting, American Bar Association Aids Coordinating Committee
Calming Aids Phobia: Legal Implications Of The Low Risk Of Transmitting Hiv In The Health Care Setting, American Bar Association Aids Coordinating Committee
University of Michigan Journal of Law Reform
Scientists are concluding that the risk of becoming infected with the virus that causes AIDS based on transmission from an infected health care worker is infinitesimal: in fact, only one health care worker has ever been documented as the source of HN transmission to a patient. This Article sets forth the medical evidence concerning this low risk and argues that legal decision making should incorporate these facts into its analysis of legal problems involving HN-infected health care workers. The Article analyzes three areas of such legal decision making: (1) employment and related credentialing of HN-infected health care workers; (2) liability …
Ex Post ≠ Ex Ante: Determining Liability In Hindsight, Kim A. Kamin, Jeffrey J. Rachlinski
Ex Post ≠ Ex Ante: Determining Liability In Hindsight, Kim A. Kamin, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Participants in three conditions (foresight, hindsight, and a modified hindsight condition designed to ameliorate the hindsight effect) assessed whether a municipality should take, or have taken, precautions to protect a riparian property owner from flood damage. In the foresight condition, participants reviewed evidence in the context of an administrative hearing. Hindsight participants reviewed parallel materials in the context of a trial. Three quarters of the participants in foresight concluded that a flood was too unlikely to justify further precautions—a decision that a majority of the participants in hindsight found to be negligent. Participants in hindsight also gave higher estimates for …
Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf
Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf
Faculty Publications
This Article explores the long and faltering history of attempts to impose liability on tobacco product manufactures. Part II traces the manufacturers' historical and current actions of targeting youth through both promotions and deceptive advertising. Part III argues in favor of an expanded cause of action against the manufacturers for the intentional tort of battery. Part IV discusses the prospect of awards of punitive damages in these cases, and the Epilogue summarizes other advantages of the battery cause of action.
Applying Pesticides: Toward Reconceptualizing Liability To Neighbors For Crop, Livestock And Personal Damages From Agricultural Chemical Drift, Robert F. Blomquist
Applying Pesticides: Toward Reconceptualizing Liability To Neighbors For Crop, Livestock And Personal Damages From Agricultural Chemical Drift, Robert F. Blomquist
Law Faculty Publications
No abstract provided.
Lightning: A Double Hit For Golf Course Operators, Michael Flynn
Lightning: A Double Hit For Golf Course Operators, Michael Flynn
Marquette Sports Law Review
No abstract provided.
Property Rules And Liability Rules: The Cathedral In Another Light, James E. Krier, Stewart J. Schwab
Property Rules And Liability Rules: The Cathedral In Another Light, James E. Krier, Stewart J. Schwab
Articles
Ronald Coase's essay on "The Problem of Social Cost" introduced the world to transaction costs, and the introduction laid the foundation for an ongoing cottage industry in law and economics. And of all the law-and-economics scholarship built on Coase's insights, perhaps the most widely known and influential contribution has been Calabresi and Melamed's discussion of what they called "property rules" and "liability rules."' Those rules and the methodology behind them are our subjects here. We have a number of objectives, the most basic of which is to provide a much needed primer for those students, scholars, and lawyers who are …
How To Negotiate A Sales Contract, James J. White
How To Negotiate A Sales Contract, James J. White
Articles
A. Introduction 1. In my experience, lawyers begin negotiating only after the business people have decided upon the description and quality of the product, the time of delivery, and the mode and amount of payment. The lawyers are left with the pathological problems - who gets what in case of trouble. 2. Most of those pathological problems relate to the seller's responsibility if the product does not conform to the contract or otherwise fails to please the buyer. These failures can cause economic loss to the buyer, economic loss to a remote purchaser, or personal injury or property damage to …
Time For Legislative Action: Landlord Liability In Ohio For Lead Poisoning Of A Tenant, Brett P. Barragate
Time For Legislative Action: Landlord Liability In Ohio For Lead Poisoning Of A Tenant, Brett P. Barragate
Cleveland State Law Review
This Note addresses landlord liability in Ohio for lead poisoning of a tenant. In Part II, the effects of lead exposure on children and the number of children at risk in Ohio are briefly examined to clearly define the problem. Part III describes the lack of federal involvement in the area of lead poisoning in private residential housing. Parts IV and V examine the current state of lead litigation in Ohio and the response of Ohio courts. Finally, Part VI recommends that the Ohio legislature increase its role in the lead poisoning problem and provides remedies to victims of lead …