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Articles 1 - 20 of 20
Full-Text Articles in Law
Further Perspectives On Corporate Wrongdoing, In Pari Delicto, And Auditor Malpractice, Deborah A. Demott
Further Perspectives On Corporate Wrongdoing, In Pari Delicto, And Auditor Malpractice, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Brief Of Professors Of Law As Amici Curiae In Support Of Appellants, Neil Vidmar, David Zevan
Brief Of Professors Of Law As Amici Curiae In Support Of Appellants, Neil Vidmar, David Zevan
Faculty Scholarship
No abstract provided.
Recovery Of “Intrinsic Value” Damages In Case Of Negligently Killed Pet Dog, William A. Reppy Jr., Calley Gerber
Recovery Of “Intrinsic Value” Damages In Case Of Negligently Killed Pet Dog, William A. Reppy Jr., Calley Gerber
Faculty Scholarship
The North Carolina Court of Appeals, in a case where negligent killing of a pet dog with no market value was admitted, has denied recovery of “intrinsic” damages (also called “actual” damages). Shera v. NC State University Veterinary Teaching Hospital, 723 S.E.2d 352 (N.C. App. 2012). Because the holding is narrow and the type of damages denied are not the same as emotional damages, a close look at the decision is warranted.
The Model Business Corporation Act And Corporate Governance: An Enabling Statute Moves Toward Normative Standards, John F. Olson, Aaron K. Briggs
The Model Business Corporation Act And Corporate Governance: An Enabling Statute Moves Toward Normative Standards, John F. Olson, Aaron K. Briggs
Law and Contemporary Problems
No abstract provided.
Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical-Malpractice Claims In Florida, Neil Vidmar, Mirya Holman, Paul Lee
Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical-Malpractice Claims In Florida, Neil Vidmar, Mirya Holman, Paul Lee
Faculty Scholarship
No abstract provided.
Patient Negligence, Michele Goodwin, L. Song Richardson
Patient Negligence, Michele Goodwin, L. Song Richardson
Law and Contemporary Problems
No abstract provided.
Juries And Medical Malpractice Claims: Empirical Facts Versus Myths, Neil Vidmar
Juries And Medical Malpractice Claims: Empirical Facts Versus Myths, Neil Vidmar
Faculty Scholarship
Juries in medical malpractice trials are viewed as incompetent, anti-doctor, irresponsible in awarding damages to patients, and casting a threatening shadow over the settlement process. Several decades of systematic empirical research yields little support for these claims. This article summarizes those findings. Doctors win about three cases of four that go to trial. Juries are skeptical about inflated claims. Jury verdicts on negligence are roughly similar to assessments made by medical experts and judges. Damage awards tend to correlate positively with the severity of injury. There are defensible reasons for large damage awards. Moreover, the largest awards are typically settled …
Geographic Variation In Informed Consent Law: Two Standards For Disclosure Of Treatment Risks, David M. Studdert, Michelle M. Mello, Marin K. Levy, Russell L. Gruen, Edward J. Dunn, E. John Orav, Troyen A. Brennan
Geographic Variation In Informed Consent Law: Two Standards For Disclosure Of Treatment Risks, David M. Studdert, Michelle M. Mello, Marin K. Levy, Russell L. Gruen, Edward J. Dunn, E. John Orav, Troyen A. Brennan
Faculty Scholarship
We analyzed 714 jury verdicts in informed consent cases tried in 25 states in 1985–2002 to determine whether the applicable standard of care (“patient” vs. “professional” standard) affected the outcome. Verdicts for plaintiffs were significantly more frequent in states with a patient standard than in states with a professional standard (27 percent vs. 17 percent, P = 0.02). This difference in outcomes did not hold for other types of medical malpractice litigation (36 percent vs. 37 percent, P = 0.8). The multivariate odds of a plaintiff’s verdict were more than twice as high in states with a patient standard than …
Mens Rea In Alaska: From Bad Thoughts To No Thoughts?, Lee Perla
Mens Rea In Alaska: From Bad Thoughts To No Thoughts?, Lee Perla
Alaska Law Review
No abstract provided.
When Life Is An Injury: An Economic Approach To Wrongful Life Lawsuits, Thomas A. Burns
When Life Is An Injury: An Economic Approach To Wrongful Life Lawsuits, Thomas A. Burns
Duke Law Journal
No abstract provided.
Allocation Of Fault And Products Liability: A Comment On Safety Products And Human Error, Thomas V. Van Flein
Allocation Of Fault And Products Liability: A Comment On Safety Products And Human Error, Thomas V. Van Flein
Alaska Law Review
No abstract provided.
Causation, Contribution, And Legal Liability: An Empirical Study, Lawrence M. Solan, John M. Darley
Causation, Contribution, And Legal Liability: An Empirical Study, Lawrence M. Solan, John M. Darley
Law and Contemporary Problems
This article presents empirical evidence of the ways people compare judgments of liability with judgments of causation and contribution. Specifically, the article reports the results of experiments designed to show whether people regard causation and enablement as necessary elements of liability.
Tort Liability To Those Injured By Negligent Accreditation Decisions, Peter H. Schuck
Tort Liability To Those Injured By Negligent Accreditation Decisions, Peter H. Schuck
Law and Contemporary Problems
The risk of tort liability for negligent accreditators is examined. Only a single court has held a private accrediting body liable to a consumer for negligence in connection with its evaluation of a social service provider.
Bad Samaritans Make Dangerous Precedent: The Perils Of Holding An Employer Liable For An Employee’S Sexual Misconduct, Cliona Mary Robb
Bad Samaritans Make Dangerous Precedent: The Perils Of Holding An Employer Liable For An Employee’S Sexual Misconduct, Cliona Mary Robb
Alaska Law Review
No abstract provided.
The Negligent Commercial Transaction Tort: Imposing Common Law Liability On Merchants For Sales And Leases To “Defective” Customers, Robert M. Howard
The Negligent Commercial Transaction Tort: Imposing Common Law Liability On Merchants For Sales And Leases To “Defective” Customers, Robert M. Howard
Duke Law Journal
No abstract provided.
Note, Frye V. Frye: Maryland Sacrifices The Child For The Sake Of The Family, Kathryn Webb Bradley
Note, Frye V. Frye: Maryland Sacrifices The Child For The Sake Of The Family, Kathryn Webb Bradley
Faculty Scholarship
No abstract provided.
Negligence Per Se And Broad Statutory Construction In Alaska: The Adoption Of An Applicable Statute As An Appropriate Standard Of Care, Richard A. Frank
Negligence Per Se And Broad Statutory Construction In Alaska: The Adoption Of An Applicable Statute As An Appropriate Standard Of Care, Richard A. Frank
Alaska Law Review
No abstract provided.
Tort Loss Allocation Among Joint Tortfeasors In Alaska: A Call For Comparative Contribution, David Edward Mills
Tort Loss Allocation Among Joint Tortfeasors In Alaska: A Call For Comparative Contribution, David Edward Mills
Alaska Law Review
No abstract provided.
Informing The Jury Of The Legal Effect Of Special Verdict Answers In Comparative Negligence Actions, Stuart F. Schaffer
Informing The Jury Of The Legal Effect Of Special Verdict Answers In Comparative Negligence Actions, Stuart F. Schaffer
Duke Law Journal
No abstract provided.
Workmen’S Compensation: Third Party’S Action Over Against Employer, Arthur Larson
Workmen’S Compensation: Third Party’S Action Over Against Employer, Arthur Larson
Faculty Scholarship
No abstract provided.