Law Commons^™

Tort Law Implications Of Compelled Physician Speech, Nadia N. Sawicki

Indiana Law Journal

Abortion-specific informed consent laws in many states compel physicians to communicate state-mandated information that is arguably inaccurate, immaterial, and inconsistent with their professional obligations. These laws face ongoing First Amendment challenges as violations of the constitutional right against compelled speech. This Article argues that laws compelling physician speech also pose significant problems that should concern scholars of tort law.

State laws that impose tort liability on physicians who refuse to communicate a state-mandated message often do so by deviating from foundational principles of tort law. Not only do they change the substantive disclosure duties of physicians under informed consent law, …

Toward The Search For The Proper Liability Rule For Harms Resulting From Sources Of Risk: A Different Approach To The Choice Between Strict Liability And Fault-Based Regime, Wen-Hsuan Yang

Maurer Theses and Dissertations

An important issue in Taiwan today concerns the rising tension between strict liability and negligence. Article 191-3 of the Civil Code of Taiwan imposes a fault-based standard of liability on persons conducting dangerous activities. On the other hand, the majority of scholars believe that to afford greater protection, this rule should be changed into a strict liability rule.

Traditionally, three arguments make it preferable to impose strict liability under certain circumstances. First, strict liability induces more safety incentives on the part of the defendant. Second, fairness requires that one who benefits from conducting dangerous activities should bear the risk of …

Preparatory Negligence, Robert H. Heidt

Articles by Maurer Faculty

This Essay discusses the appropriate significance in tort law of a negligent attempt to perform an injurious activity when the evidence is insufficient to show the actual performance of the activity was negligent. The author calls such a negligent attempt uncoupled with sufficient evidence of negligent performance "preparatory negligence." An example would be driving a car when one is so inebriated that the decision to drive is negligent but those injured in a subsequent accident are unable to show the inebriated driver's actual driving was negligent. The author argues that preparatory negligence alone should never warrant tort liability. Rather, those …

Talk Show Torts Turn Deaf Ear To Plaintiffs, Joseph A. Tomain

Articles by Maurer Faculty

No abstract provided.

Contract-Negligence As A Bar To Equitable Relief

Indiana Law Journal

No abstract provided.

Collapsing The Legal Impediments To Indemnification, Clark C. Johnson

Indiana Law Journal

No abstract provided.

The Doctrine Of In Loco Parentis, Tort Liability And The Student-College Relationship, Theodore C. Stamatakos

Indiana Law Journal

No abstract provided.

Negligence, Economic Loss, And The U.C.C., David B. Gaebler

Indiana Law Journal

No abstract provided.

Accident, Mistake, And Rules Of Liability In The Fourteenth-Century Law Of Torts, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

Misrepresentation In Indiana: What Hath Fraud Wrought?, Daniel C. Emerson

Indiana Law Journal

No abstract provided.

A Modern Approach To The Legal Malpractice Tort, Kenneth G. Lupo

Indiana Law Journal

No abstract provided.

Comment On Structure And Theory, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Toward A Test For Strict Liability In Torts, Jon T. Hirschoff, Guido Calabresi

Articles by Maurer Faculty

No abstract provided.

Recovery Allowed For Physical Damages Arising From Shock Of Witnessing Harm To Third Party, John David Craig

Indiana Law Journal

No abstract provided.

A Proposal For A Modified Standard Of Care For The Infant Engaged In An Adult Activity

Indiana Law Journal

No abstract provided.

The Director's Liability For Negligence, Richard B. Dyson

Indiana Law Journal

No abstract provided.

Has The Rule Of Macpherson V. Buick Been Adopted In Indiana?

Indiana Law Journal

No abstract provided.

The Victim's Fault In Wrongful Death Actions In French Law, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

Negligent Behavior Should Be Excluded From Penal Liability, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Drunken Driving-The Civil Responsibility Of The Purveyor Of Intoxicating Liquor, Daniel E. Johnson

Indiana Law Journal

No abstract provided.

The Use Of Criminal Law As A Standard Of Civil Responsibility In Indiana, Cleon H. Foust

Indiana Law Journal

No abstract provided.

Malpractice And The Statute Of Limitations

Indiana Law Journal

No abstract provided.

The Effect Of The Palsgraf Doctrine In Indiana

Indiana Law Journal

No abstract provided.

Landowner's Liability For Infant Drowning In Artificial Pond

Indiana Law Journal

No abstract provided.

Child's Right Of Action For Prenatal Injuries

Indiana Law Journal

Recent Cases: Torts

Nuisance Or Negligence: A Study In The Tyranny Of Labels

Indiana Law Journal

No abstract provided.

Building Contractor's Liability: An Extension Of Macpherson V. Buick

Indiana Law Journal

Recent Cases: Negligence

Owner's Liability For Harm Done By Thief Operating Stolen Vehicle

Indiana Law Journal

Notes: Torts

Pleading Of Contributory Negligence In Indiana

Indiana Law Journal

Recent Cases: Procedure

Res Ipsa In The Air, Charles F. O'Connor

Indiana Law Journal

No abstract provided.