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Full-Text Articles in Law

The Duty Paradox: Getting It Right After A Decade Of Litigation Involving The Risk Of Student Suicide, Daryl J. Lapp Sep 2010

The Duty Paradox: Getting It Right After A Decade Of Litigation Involving The Risk Of Student Suicide, Daryl J. Lapp

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Re-Examining Acts Of God, Jill M. Fraley Jul 2010

Re-Examining Acts Of God, Jill M. Fraley

Scholarly Articles

For more than three centuries, tort law has included the notion of an act of God as something caused naturally, beyond both man's anticipation and control. Historically, the doctrine applied to extraordinary manifestations of the forces of nature, including floods, earthquakes, blizzards, and hurricanes. Despite the significance of the doctrine, particularly in large-scale disasters, scholars rarely engage the act of God defense critically. However, recently, the doctrine has received more substantial criticism. Denis Binder argued that the doctrine should be repudiated as merely a restatement of existing negligence principles Joel Eagle criticized the doctrine, suggesting that it should not exclude …


The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja R. West Mar 2010

The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja R. West

Washington and Lee Law Review

Increasingly more "ordinary"A mericans are choosing to share their life experiences with a public audience. In doing so, however, they are revealing more than their own personal stories; they are exposing private information about others as well. The faceoff between autobiographical speech and information privacy is coming to a head, and our legal system is not prepared to handle it. In a prior article, I established that autobiographicals peech is a unique and important category of speech that is at risk of being undervalued under current Law. This Article builds on my earlier work by addressing the emerging conflict between …


Response, The Still-Elusive Quest To Make Sense Of Veil-Piercing, David K. Millon Jan 2010

Response, The Still-Elusive Quest To Make Sense Of Veil-Piercing, David K. Millon

Scholarly Articles

This paper is an invited comment on Peter Oh's article "Veil-Piercing" published in the Texas Law Review. I make two points. First, I suggest that Oh's exhaustive analysis of the factors cited by courts to justify veil-piercing, like Robert Thompson's before it, does not actually tell us much about what is going on in the cases. For reasons that I explain, the asserted rationales cannot determine the results. Instead, vaguely articulated and poorly understand notions of policy and fairness drive decision making in this area. The law will continue to be obscure and results unpredictable until courts develop a clearer …