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Articles 1 - 4 of 4
Full-Text Articles in Law
Statutory Compliance And Tort Liability: Examining The Strongest Case, Michael D. Green
Statutory Compliance And Tort Liability: Examining The Strongest Case, Michael D. Green
University of Michigan Journal of Law Reform
Professor Green addresses the matter of the proper balance between the tort system and regulation in the context of prescription drugs and the FDA's vigorous oversight of the industry. He articulates several reasons why a regulatory compliance defense, in which tort law would defer to FDA regulation, is quite attractive. Despite the superior expertise of the FDA in assessing the benefits and risks of a drug, a regulatory compliance defense is considerably more problematical than might appear at first glance. Ascertaining compliance with FDA requirements could be a lengthy and complicated inquiry that would either replace or supplement the issues …
"Possessing With Intent To Distribute" Under The Schoolyard Statute, Sonja R. West
"Possessing With Intent To Distribute" Under The Schoolyard Statute, Sonja R. West
Scholarly Works
This Comment proposes that courts should explicitly rather than implicitly distinguish the different types of defendants accused of possession with intent to distribute controlled substances within a school zone. Part I reviews the current state of the law on this issue and presents the legislative history and textual arguments involved in the debate over the mens rea requirement. Part II examines the factual circumstances at issue in the relevant cases and concludes that these factual circumstances, rather than competing statutory interpretations, lead to *1401 the different results. Finally, Part III emphasizes the need to recognize these implicit categories of offenses …
Courts Punitive Damages: Provide For Lifting The Cap On Punitive Damages For Torts Committed While Tortfeasors Are Under The Influence Of Drugs, Jeremy Emanuel Citron
Courts Punitive Damages: Provide For Lifting The Cap On Punitive Damages For Torts Committed While Tortfeasors Are Under The Influence Of Drugs, Jeremy Emanuel Citron
Georgia State University Law Review
The Act provides that a plaintiff, suing for a tort committed while the tortfeasor was under the influence of alcohol, drugs, or an intentionally taken substance that had the effect of impairing the person, can be compensated with punitive damages awarded against the tortfeasor. The Act does not require that such a tortfeasor display any intent to do harm or be acting in a malicious or aggravated manner. The Act does not limit the amount of punitive damages that may be awarded against the tortfeasor.
Section 8(C) Of The Proposed Restatement (Third) Of Torts: Is It Really What The Doctor Ordered , Jeffrey D. Winchester
Section 8(C) Of The Proposed Restatement (Third) Of Torts: Is It Really What The Doctor Ordered , Jeffrey D. Winchester
Cornell Law Review
No abstract provided.