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Full-Text Articles in Law

Even More Wrongful Death: Statutes Divorced From Reality, John G. Culhane Jan 2005

Even More Wrongful Death: Statutes Divorced From Reality, John G. Culhane

Fordham Urban Law Journal

This Article discusses the restrictions on the class of eligible beneficiaries under most wrongful death statutes and considers recent legislative and judicial initiatives that have begun to change these laws to reflect reality. The Article analyzes the Victim Compensation Fund, passed in response to the events of September 11, 2001 as an example of the ability of legislative and regulatory rules to define eligibility for flexible recovery. The Article goes on to discuss recent legislative and judicial developments involving the torts of negligent infliction of emotional distress and loss of consortium, emphasizing that courts and legislatures are increasingly willing to …


Flawed Justice: Limitation Of Parental Remedies For The Loss Of Consortium Of Adult Children, William S. Bailey Jan 2004

Flawed Justice: Limitation Of Parental Remedies For The Loss Of Consortium Of Adult Children, William S. Bailey

Seattle University Law Review

This article presents the inherent contradiction between a parent- child relationship that has steadily evolved from the early 20th Century to the present and the multitude of court decisions on damages that remain studiously ignorant of this shift. Part I of the article will set forth the common law origins of restrictions on recovery for wrongful death within the context of a shifting view of children from economic units to objects of adoration. Part II will examine the devastating impact that the loss of an adult child has on parents both from their perspectives and from now existing research. In …