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2012

Civil Law

Selected Works

Torts

Articles 1 - 4 of 4

Full-Text Articles in Law

Statutes And Civil Liability In The Commonwealth And The United States: A Comparative Critique, Neil J. Foster Jun 2012

Statutes And Civil Liability In The Commonwealth And The United States: A Comparative Critique, Neil J. Foster

Neil J Foster

Both the major “common law” systems of private law allow breach of a criminal statute to inform or create civil liability. This paper discusses the differences and similarities between the Commonwealth jurisdictions and the United States of America in this somewhat under-theorised area. The aim is not to resolve all the problems presented by the jurisprudence and commentary on these various forms of action, but to provide a starting point for comparison between the approaches that the two systems have adopted on this issue of implied statutory civil liability. It is hoped that a proper understanding of the development of …


University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal Jan 2012

University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal

Zena Denise Crenshaw-Logal

On the first of each two day symposium of the Fogg symposia, lawyers representing NGOs in the civil rights, judicial reform, and whistleblower advocacy fields are to share relevant work of featured legal scholars in lay terms; relate the underlying principles to real life cases; and propose appropriate reform efforts. Four (4) of the scholars spend the next day relating their featured articles to views on the vitality of stare decisis. Specifically, the combined panels of public interest attorneys and law professors consider whether compliance with the doctrine is reasonably assured in America given the: 1. considerable discretion vested in …


Workplace Health And Safety Law In Australia Update No 1, Neil J. Foster Dec 2011

Workplace Health And Safety Law In Australia Update No 1, Neil J. Foster

Neil J Foster

This is one of a series of updates I will be issuing to provide notes of recent developments in Workplace Health and Safety Law which either have occurred after the book was published, or which I hadn't noticed previously. Update No 1 deals with changes to the common law in relation to actions for nervous shock by relatives of workers who are killed or injured by their employer's negligence.


Review Of "Liability For Wrongful Interferences With Chattels" By Simon Douglas (2011), Neil J. Foster Dec 2011

Review Of "Liability For Wrongful Interferences With Chattels" By Simon Douglas (2011), Neil J. Foster

Neil J Foster

A review of a recent monograph dealing with the way the common law protects property rights in personal property.