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Articles 1 - 13 of 13
Full-Text Articles in Law
Labor And Employment Law, Thomas M. Winn Iii, Lindsey H. Dobbs
Labor And Employment Law, Thomas M. Winn Iii, Lindsey H. Dobbs
University of Richmond Law Review
No abstract provided.
Proving Negligence In Products Liability Litigation, David G. Owen
Proving Negligence In Products Liability Litigation, David G. Owen
Faculty Publications
No abstract provided.
The 1851 Shipowners' Limitation Of Liability Act: Should The Courts Deliver The Final Blow?, Mark A. White
The 1851 Shipowners' Limitation Of Liability Act: Should The Courts Deliver The Final Blow?, Mark A. White
Northern Illinois University Law Review
This comment identifies the 1851 Shipowners' Limitation of Liability Act as an enduring problem within federal maritime law and suggests that the courts may be able to exercise their powers of judicial review to strike it down. The Act was initially adopted at a time when American shipowners were in dire need of protection from potentially ruinous lawsuits. The Act, although hastily drawn, was imperative to the growth of the fledgling American shipping industry. By the end of the nineteenth century, however, numerous forms of liability insurance had been created and America saw the advent of the corporate form. These …
Public-Figure Defamation Actions In South Carolina - Courts Stay Mindful Of The Defendant's State Of Mind, Eric G. Zaiser
Public-Figure Defamation Actions In South Carolina - Courts Stay Mindful Of The Defendant's State Of Mind, Eric G. Zaiser
South Carolina Law Review
No abstract provided.
Relational Economic Loss: An Integrated Economic Justification For The Exclusionary Rule, Ronen Perry
Relational Economic Loss: An Integrated Economic Justification For The Exclusionary Rule, Ronen Perry
Ronen Perry
This article suggests an integrated economic justification for a specific common law rule, which excludes liability in torts for relational economic loss (a concept that I wish to introduce to the American reader). Following a bird's eye view of the law governing relational economic loss in various western jurisdictions I analyze the relevant economic considerations under three headings: efficient deterrence, loss spreading and administrative costs. In the last part I apply the normative conclusions of this analysis to a range of fact-situations in which the relational loss problem arises. My conclusion is that an exclusionary rule, accompanied by a few …
The Changing Evolution Of Sports: Why Performance Enhancing Drug Use Should Be Considered In Determining Tort Liability Of Professional Athletes, Michael F. Taxin
The Changing Evolution Of Sports: Why Performance Enhancing Drug Use Should Be Considered In Determining Tort Liability Of Professional Athletes, Michael F. Taxin
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Creating Vs Disclosing Defective Conditions In Property: Lewis V Chevron, 2004, Roger Bernhardt
Creating Vs Disclosing Defective Conditions In Property: Lewis V Chevron, 2004, Roger Bernhardt
Publications
This article discusses a California case which held a prior owner not liable for injuries caused by a defective condition on real property after ownership was relinquished, even if the prior owner negligently created the condition.
Bioethical Malpractice: Risk And Responsibility In Human Research, Barbara A. Noah
Bioethical Malpractice: Risk And Responsibility In Human Research, Barbara A. Noah
Journal of Health Care Law and Policy
No abstract provided.
The Avid Sportsman And The Scope For Self-Protection: When Exculpatory Clauses Should Be Enforced, Robert Heidt
The Avid Sportsman And The Scope For Self-Protection: When Exculpatory Clauses Should Be Enforced, Robert Heidt
University of Richmond Law Review
No abstract provided.
Breed Specific Legislation: Unfair Prejudice And Ineffective Policy, Devin Burstein
Breed Specific Legislation: Unfair Prejudice And Ineffective Policy, Devin Burstein
Animal Law Review
This comment examines breed specific legislation—the unfortunate attempt of legislatures throughout the country to address the valid concern over vicious dog attacks by prohibiting or strictly regulating entire breeds, most often pitbulls. To prevent the tragedies that can occur when a dog attacks a human, legislation must take aim at the heart of the problem, the human owners that allow, through negligence or intentional mistreatment and training, these attacks to occur.
Aboilishing The Texas Jury Shuffle., Michael M. Gallgher
Aboilishing The Texas Jury Shuffle., Michael M. Gallgher
St. Mary's Law Journal
This Article argues that the Texas Legislature should abolish the jury shuffle and join the other forty-nine states who have already done so. The jury shuffle, when requested, is a procedure which results in a random shuffling of the names of the jury pool members. Texas attorneys currently possess an entirely cost and risk free procedure through which they can discriminate against potential jurors on the basis of race, gender, ethnicity, or anything else that suits their fancy. An attorney can request a jury shuffle without stating a reason and a judge cannot ask why a shuffle was requested or …
The Seat Belt Defense In Texas., Brian T. Bagley
The Seat Belt Defense In Texas., Brian T. Bagley
St. Mary's Law Journal
This Comment calls upon Texas courts to recognize the seat belt defense as a form of comparative responsibility. It has become standard procedure for Americans riding in motor vehicles to “buckle up.” Seat belt usage has risen since 1994, steadily increasing to seventy-five percent in 2002, with an increase of two percent in the last year alone. Many American jurisdictions, however, still refuse to allow evidence of seat belt use or nonuse to be considered in civil suits. Courts do not allow the failure to wear a safety belt in violation of the mandatory seat belt usage statute to be …
For Any Reason Or No Reason At All: Reconciling Employment-At-Will With The Rights Of Texas Workers After Mission Petroleum Carriers Inc. V. Solomon., Jason P. Lemons
For Any Reason Or No Reason At All: Reconciling Employment-At-Will With The Rights Of Texas Workers After Mission Petroleum Carriers Inc. V. Solomon., Jason P. Lemons
St. Mary's Law Journal
Since its inception, Texas has been a favored destination for both up-start entrepreneurs and established corporations. One of the less heralded, but nonetheless significant factors that makes Texas so attractive to businesses is its long-standing devotion to the doctrine of at-will employment. The doctrine generally states that any employment relationship not governed by contract or a statutory provision is terminable at any time by either the employer or the employee for any reason or no reason at all. At-will employment has been praised by courts and commentators for the flexibility it offers both parties in decision making. Nevertheless, the at-will …