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Full-Text Articles in Law

The Burdens Of Qualified Immunity: Summary Judgment And The Role Of Facts In Constitutional Tort Law , Alan K. Chen Oct 1997

The Burdens Of Qualified Immunity: Summary Judgment And The Role Of Facts In Constitutional Tort Law , Alan K. Chen

American University Law Review

No abstract provided.


Ohio Tort Reform In 1998: The War Continues , Stephen J. Werber Jan 1997

Ohio Tort Reform In 1998: The War Continues , Stephen J. Werber

Cleveland State Law Review

For more than a decade a war has been waged between forces seeking legislative reform of tort law, with emphasis on product liability, and the Ohio Supreme Court. The battleground has been the legislative enactments of the Ohio General Assembly. This legislation has faced consistent challenge before the court as a proper exercise of its power of judicial review. This article discusses the two primary cases in which the court has won its war with the legislature by replacing the legislative words and intent with judicial interpretations. Part II begins the discussion with a look at the Carrel v. Allied …


Anderson V. St. Francis-St. George Hospital: Wrongful Living From An American And Jewish Legal Perspective , Daniel Pollack, Chaim Steinmetz, Vicki Lens Jan 1997

Anderson V. St. Francis-St. George Hospital: Wrongful Living From An American And Jewish Legal Perspective , Daniel Pollack, Chaim Steinmetz, Vicki Lens

Cleveland State Law Review

As advances in medical technology have kept people alive longer, the right to refuse life-sustaining treatment has taken on an even more crucial and urgent significance to dying patients and their families. While modern medicine may have learned to save lives, the lives it has saved are often severely diminished and filled with pain and suffering. Although the right to refuse life saving medical treatment is firmly embedded in our nation's laws, what to do when this right is ignored has not been firmly settled. The Anderson court answered this question by "splitting the difference." It affirmed Winter's right to …


Limits On Preemption And Punitive Damages: Can They Be Related?, Peter Zablotsky Jan 1997

Limits On Preemption And Punitive Damages: Can They Be Related?, Peter Zablotsky

Scholarly Works

No abstract provided.