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Commentary [On Negligent Infliction Of Emotional Distress], Oscar S. Gray Jan 2009

Commentary [On Negligent Infliction Of Emotional Distress], Oscar S. Gray

Faculty Scholarship

These comments question the terminology used in the Third Restatement of Torts for psychological effects, partially on the ground of obsolescence in light of developments in the neurosciences. Instead of the distinction emphasized in the Third Restatement between “physical harm” and “emotional disturbance” (or “distress”), they suggest a distinction between “harm” that constitutes an impairment of functionality, which would be treated as a free-standing basis for liability, like conventional diseases or injuries, and “mere feelings”, which would continue to be compensable in negligence only parasitically. Similarly, the interest protected should be regarded not as an interest in freedom from “disturbance ...


The Handicapping Effect Of Judicial Opinions In Reproductive Tort Cases: Correcting The Legal Perception Of Persons With Disabilities, Kerry T. Cooperman Jan 2009

The Handicapping Effect Of Judicial Opinions In Reproductive Tort Cases: Correcting The Legal Perception Of Persons With Disabilities, Kerry T. Cooperman

Maryland Law Review Online

No abstract provided.


Khalifa V. Shannon: How Much Interference Is Too Much When It Comes To A Tort For Interfering With The Parent-Child Relationship?, Beth Rosenberg Jan 2009

Khalifa V. Shannon: How Much Interference Is Too Much When It Comes To A Tort For Interfering With The Parent-Child Relationship?, Beth Rosenberg

Maryland Law Review Online

No abstract provided.


Asbestos Fraud Should Lead To Fairness: Why Congress Should Enact The Fairness In Asbestos Injury Resolution Act, Elise Gelinas Jan 2009

Asbestos Fraud Should Lead To Fairness: Why Congress Should Enact The Fairness In Asbestos Injury Resolution Act, Elise Gelinas

Maryland Law Review

No abstract provided.


Hatfill V. New York Times Co.: From Watchdog To Attack Dog—Transforming The Modern Media Into “Big Brother”, William C. Ferguson Iv Jan 2009

Hatfill V. New York Times Co.: From Watchdog To Attack Dog—Transforming The Modern Media Into “Big Brother”, William C. Ferguson Iv

Maryland Law Review

No abstract provided.