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Full-Text Articles in Law

Further Perspectives On Corporate Wrongdoing, In Pari Delicto, And Auditor Malpractice, Deborah A. Demott Jan 2012

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 Jan 2012

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 Jan 2012

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 Jan 2011

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 Jan 2011

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 Oct 2009

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 Jan 2009

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 Jan 2007

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 Jun 2006

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 Feb 2003

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 Jun 2002

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 Oct 2001

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 Oct 1994

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 Jun 1991

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 Sep 1988

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 Jan 1986

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 Dec 1985

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 Jun 1985

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 Nov 1981

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 Jan 1970

Workmen’S Compensation: Third Party’S Action Over Against Employer, Arthur Larson

Faculty Scholarship

No abstract provided.