Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Torts (730)
- State and Local Government Law (72)
- Criminal Law (64)
- Contracts (63)
- Health Law and Policy (63)
-
- Legal Remedies (58)
- Transportation Law (53)
- Litigation (52)
- Medical Jurisprudence (51)
- Insurance Law (46)
- Courts (43)
- Law and Society (37)
- Legal Ethics and Professional Responsibility (37)
- Civil Procedure (35)
- Constitutional Law (35)
- Evidence (32)
- Legislation (32)
- Environmental Law (31)
- Labor and Employment Law (31)
- Law and Economics (31)
- Property Law and Real Estate (31)
- Civil Law (30)
- Jurisprudence (30)
- Commercial Law (29)
- Consumer Protection Law (26)
- Common Law (24)
- Agency (23)
- Oil, Gas, and Mineral Law (23)
- Legal History (22)
- Institution
-
- University of Michigan Law School (275)
- Vanderbilt University Law School (87)
- University of Kentucky (78)
- Maurer School of Law: Indiana University (54)
- Fordham Law School (51)
-
- Louisiana State University Law Center (45)
- Selected Works (44)
- St. Mary's University (36)
- Touro University Jacob D. Fuchsberg Law Center (36)
- Villanova University Charles Widger School of Law (35)
- SelectedWorks (30)
- Cleveland State University (29)
- University of South Carolina (29)
- Washington and Lee University School of Law (29)
- West Virginia University (25)
- William & Mary Law School (24)
- Duke Law (20)
- Boston University School of Law (18)
- Pepperdine University (18)
- Golden Gate University School of Law (17)
- University of Maryland Francis King Carey School of Law (17)
- Case Western Reserve University School of Law (16)
- University of Missouri School of Law (16)
- University of Arkansas at Little Rock William H. Bowen School of Law (15)
- University of Richmond (15)
- University of Georgia School of Law (14)
- Cornell University Law School (12)
- Florida State University College of Law (12)
- Schulich School of Law, Dalhousie University (12)
- Mitchell Hamline School of Law (11)
- Publication Year
- Publication
-
- Michigan Law Review (222)
- Vanderbilt Law Review (73)
- Kentucky Law Journal (60)
- Faculty Scholarship (53)
- Louisiana Law Review (45)
-
- Fordham Law Review (42)
- Indiana Law Journal (36)
- Articles (32)
- Villanova Law Review (31)
- Touro Law Review (28)
- Washington and Lee Law Review (26)
- West Virginia Law Review (24)
- South Carolina Law Review (23)
- Cleveland State Law Review (22)
- St. Mary's Law Journal (22)
- Law Faculty Scholarly Articles (18)
- William & Mary Law Review (18)
- Articles by Maurer Faculty (17)
- Case Western Reserve Law Review (16)
- Faculty Publications (16)
- Pepperdine Law Review (16)
- Scholarly Works (13)
- Cornell Law Faculty Publications (12)
- Dalhousie Law Journal (12)
- Missouri Law Review (12)
- University of Arkansas at Little Rock Law Review (12)
- All Faculty Scholarship (11)
- Florida State University Law Review (11)
- Jesse Carter Opinions (11)
- Faculty Articles (10)
- Publication Type
Articles 31 - 60 of 1323
Full-Text Articles in Law
The Liability Of Health Care Providers To Third Parties Injured By A Patient, Samuel D. Hodge Jr.
The Liability Of Health Care Providers To Third Parties Injured By A Patient, Samuel D. Hodge Jr.
Pace Law Review
Duty of care is a critical component of any negligence claim necessary to establish liability. It is well recognized at common law that a physician owes a duty to advise a patient but is not mandated to take affirmative measures outside the physician-patient relationship to protect a third-party. Health care providers may also be responsible for oversight, or the failure to safeguard a patient, due to a special relationship they undertake, such as failing to properly diagnose or recommend an appropriate treatment plan. Recently, the courts have struggled over whether public policy and fairness require the expansion of the law …
Minding Accidents, Teneille R. Brown
Minding Accidents, Teneille R. Brown
Utah Law Faculty Scholarship
Tort doctrine states that breach is all about conduct. Unlike in the criminal law, where jurors must engage in an amateur form of mindreading to evaluate mens rea, jurors are told that they can assess civil negligence by looking only at how the defendant behaved. But this is false. Foreseeability is at the heart of negligence—appearing as the primary tests for duty, breach, and proximate cause. And yet, we cannot ask whether a defendant should have foreseen a risk without interrogating what he subjectively knew, remembered, perceived, or realized at the time. In fact, the focus on actions in negligence …
The Identity Criterion: Resuscitating A Cardozian, Relational Approach To Duty Of Care In Negligence, Tim Kaye
The Identity Criterion: Resuscitating A Cardozian, Relational Approach To Duty Of Care In Negligence, Tim Kaye
Hofstra Law Review
Everyone agrees that the canonical case in American negligence law is Palsgraf v. Long Island Railroad Co. In his famous majority opinion in the New York Court of Appeals, Chief Judge Benjamin Cardozo held that the outcome of the case turned on whether the plaintiff, Mrs. Palsgraf, had been owed a duty of care by the Long Island Railroad. He declared that the answer to this question depended on whether the parties had a relevant relationship at the time of the conduct under consideration. “Negligence, like risk,” he said, is “a term of relation. Negligence in the abstract, apart from …
Remediating Racism For Rent: A Landlord’S Obligation Under The Fha, Mollie Krent
Remediating Racism For Rent: A Landlord’S Obligation Under The Fha, Mollie Krent
Michigan Law Review
The Fair Housing Act (FHA) is an expansive and powerful piece of legislation that furthers equal housing in the United States by ferreting out discrimination in the housing market. While the power of the Act is well recognized by courts, the full contours of the FHA are still to be refined. In particular, it remains unsettled whether and when a landlord can be liable for tenant-on-tenant harassment. This Note argues, first, that the FHA does recognize liability in such a circumstance and, second, that a landlord should be subject to liability for her negligence in such a circumstance. Part I …
Computational Complexity And Tort Deterrence, Joshua C. Teitelbaum
Computational Complexity And Tort Deterrence, Joshua C. Teitelbaum
Georgetown Law Faculty Publications and Other Works
Standard formulations of the economic model of tort deterrence constitute the injurer as the unboundedly rational bad man. Unbounded rationality implies that the injurer can always compute the solution to his care-taking problem. This in turn implies that optimal liability rules can provide robust deterrence, for they can always induce the injurer to take socially optimal care. In this paper I examine the computational complexity of the injurer's care-taking problem. I show that the injurer's problem is computationally tractable when the precaution set is unidimensional or convex, but that it is computationally intractable when the precaution set is multidimensional and …
When Justice Should Precede Generosity: The Case Against Charitable Immunity In Arkansas, Courtney Jane Baltz
When Justice Should Precede Generosity: The Case Against Charitable Immunity In Arkansas, Courtney Jane Baltz
Arkansas Law Notes
This Comment discusses various aspects of the modern hospital and examines charitable immunity’s incompatibility with modern law.
First, Part II explains the historical justifications for immunity and presents the doctrine’s landscape in the United States. Part III examines the role precedent plays in continuing to adhere to the rule of immunity. Part IV takes an in-depth approach of the big business of hospitals by evaluating various financial aspects of charitable hospitals. Part V explores the reality of charitable immunity falling out of touch with concepts of modern law. Part VI takes a more specific look at the application of the …
I Am Woman, Hear Me Roar: Denial Of Sexual Reassignment Surgery For Transgender Inmates And The Eighth Amendment’S Ban On Cruel And Unusual Punishment, Chiara Haueter
Touro Law Review
No abstract provided.
(Un)Masking The Truth - The Cruel And Unusual Punishment Of Prisoners Amidst The Covid-19 Pandemic, Ariel Berkowitz
(Un)Masking The Truth - The Cruel And Unusual Punishment Of Prisoners Amidst The Covid-19 Pandemic, Ariel Berkowitz
Touro Law Review
No abstract provided.
The Euclid Proviso, Ezra Rosser
The Euclid Proviso, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
This Article argues that the Euclid Proviso, which allows regional concerns to trump local zoning when required by the general welfare, should play a larger role in zoning's second century. Traditional zoning operates to severely limit the construction of additional housing. This locks in the advantages of homeowners but at tremendous cost, primarily in the form of unaffordable housing, to those who would like to join the community. State preemption of local zoning defies traditional categorization; it is at once both radically destabilizing and market-responsive. But, given the ways in which zoning is a foundational part of the racial and …
The Nonfiduciary "Trust", Jeffrey A. Schoenblum
The Nonfiduciary "Trust", Jeffrey A. Schoenblum
Vanderbilt Law School Faculty Publications
This article identifies and details the emergence in an increasing number of states of a new trust law that rejects the fundamental tenets of traditional trust law. This alternative concept of the trust liberates the trustee from any meaningful accountability to the beneficiary, the very core concept of traditional trust law. In short, these states are enabling the creation of what might be described as a "nonfiduciary trust."
The Informed Consent Doctrine In Legal Malpractice Law, Vincent R. Johnson
The Informed Consent Doctrine In Legal Malpractice Law, Vincent R. Johnson
Faculty Articles
The doctrine of informed consent is now deeply embedded into the law of legal ethics. In legal malpractice litigation, the doctrine holds that a lawyer has a duty to disclose to a client material information about the risks and alternatives associated with a course of action. A lawyer who fails to make such required disclosures and fails to obtain informed consent is negligent, regardless of whether the lawyer otherwise exercises care in representing a client. If such negligent nondisclosures cause damages, the lawyer can be held accountable for the client's losses.
Shifting the focus of a legal malpractice action from …
Baldia Town Factory Inferno: Justice Delayed And Denied, Rabia Bugti
Baldia Town Factory Inferno: Justice Delayed And Denied, Rabia Bugti
MSJ Capstone Projects
The Baldia Town Factory Fire — as it came to be known — was one of the deadliest incidents in the history of Pakistan — the 9/11 of the country.
Over 260 ill-fated people lost their lives in the garments factory named Ali Enterprises, 16 of whom were charred beyond recognition. In September this year, finally after eight years, the anti-terrorism court announced its verdict (ANTI-TERRORISM COURT, 2017). Two key culprits were sentenced to death and four handed life imprisonment. According to the joint investigation team’s report, the factory was set on fire deliberately by the facilitators of a political …
Where We’Re Going, We Don’T Need Drivers: Autonomous Vehicles And Ai-Chaperone Liability, Peter Y. Kim
Where We’Re Going, We Don’T Need Drivers: Autonomous Vehicles And Ai-Chaperone Liability, Peter Y. Kim
Catholic University Law Review
The future of mainstream autonomous vehicles is approaching in the rearview mirror. Yet, the current legal regime for tort liability leaves an open question on how tortious Artificial Intelligence (AI) devices and systems that are capable of machine learning will be held accountable. To understand the potential answer, one may simply go back in time and see how this question would be answered under traditional torts. This Comment tests whether the incident involving an autonomous vehicle hitting a pedestrian is covered under the traditional torts, argues that they are incapable of solving this novel problem, and ultimately proposes a new …
Maintenance Of Water And Sewer Infrastructure In Response To Sea Level Rise In Massachusetts, Melissa Chalek
Maintenance Of Water And Sewer Infrastructure In Response To Sea Level Rise In Massachusetts, Melissa Chalek
Marine Affairs Institute Staff Publications
No abstract provided.
Buffer Zones And The Recreational Golf Sector: A Negligence Case Content Analysis, Natalie Bird
Buffer Zones And The Recreational Golf Sector: A Negligence Case Content Analysis, Natalie Bird
Graduate Theses and Dissertations
Buffer zones are a risk management method used within sport and recreation to protect participants and spectators from avoidable injury. Within the recreational golf sector, buffer zone standards do not exist. This poses a problem as golf courses in the recreational sector serve a wide range of customers in terms of age, skill level, and experience. A legal case content analysis of 1,561 golf negligence lawsuits aimed to answer research questions related to locations of incidents, circumstances that led to injury, and injuries or damages that were the result of errant golf shots. A Westlaw search provided the data for …
Lhwca Section 905(B) And Scindia: The Confused Tale Of A Legal Pendulum, Thomas C. Galligan, Brian C. Colomb
Lhwca Section 905(B) And Scindia: The Confused Tale Of A Legal Pendulum, Thomas C. Galligan, Brian C. Colomb
Louisiana Law Review
The article presents the U.S. Supreme Court case Scindia Steam Navigation Co., Ltd. v. De Los Santos to discuss Section 905(b) of the Longshore and Harbor Workers' Compensation Act (LHWCA), which provided negligence as a course of action in advancing workers' compensation claims.
Keeping Ai Under Observation: Anticipated Impacts On Physicians' Standard Of Care, Iria Giuffrida, Taylor Treece
Keeping Ai Under Observation: Anticipated Impacts On Physicians' Standard Of Care, Iria Giuffrida, Taylor Treece
Faculty Publications
As Artificial Intelligence (AI) tools become increasingly present across industries, concerns have started to emerge as to their impact on professional liability. Specifically, for the medical industry--in many ways an inherently "risky" business--hospitals and physicians have begun evaluating the impact of Al tools on their professional malpractice risk. This Essay seeks to address that question, zooming in on how AI may affect physicians' standard of care for medical malpractice claims.
Strict Liability Upon Gunowners (Slug): A Proposed Balanced Approach, David Louis
Strict Liability Upon Gunowners (Slug): A Proposed Balanced Approach, David Louis
St. Mary's Law Journal
Careless or apathetic gunowners, whose lost or stolen firearms are used in the commission of a violent crime, should be held strictly liable. Current tort law leaves victims of gun violence and their families without a mode of redress against an irresponsible gun owner whose actions played a pivotal role in the victim’s ultimate injury. Without effective liability principles to regulate gun ownership, gunowners are provided de facto immunity regardless of whether the harm suffered by the victim is intertwined with the gunowners careless behavior. This comment examines the efficacy of existing tort liability principles as provided in the Restatement …
Cummings V. Barber, 136 Nev. Adv. Op. 18 (April 2, 2020), Alexis Taitel
Cummings V. Barber, 136 Nev. Adv. Op. 18 (April 2, 2020), Alexis Taitel
Nevada Supreme Court Summaries
No abstract provided.
Incentives To Take Care Under Contributory And Comparative Fault, Keith N. Hylton, Benjamin Ogden
Incentives To Take Care Under Contributory And Comparative Fault, Keith N. Hylton, Benjamin Ogden
Faculty Scholarship
Previous literature on contributory versus comparative negligence has shown that they reach equivalent equilibria. These results, however, depend upon a stylized application of the Hand Formula and an insufficiently coarse model of strategic incentives. Taking this into account, we identify a set of cases where care by one agent significantly increases the benefits of care by the other. When such cases obtain under bilateral harm, comparative negligence generates greater incentives for care, but this additional care occurs only when care is not socially optimal. By contrast, under unilateral harm or asymmetric costs of care, contributory negligence creates socially excessive care. …
Overcoming Legal And Institutional Barriers To The Implementation Of Innovative Environmental Technologies, David Strifling, Walter Mcdonald, Hannah Hathaway, Joe Naughton
Overcoming Legal And Institutional Barriers To The Implementation Of Innovative Environmental Technologies, David Strifling, Walter Mcdonald, Hannah Hathaway, Joe Naughton
Notre Dame Journal on Emerging Technologies
This paper examines the possible reasons that stormwater management system operators (typically municipalities) have generally been reluctant to adopt RTC technology.
Our interdisciplinary team of law faculty, engineering faculty, and graduate students from both disciplines studied dozens of examples involving RTC implementation in the United States and abroad. We also examined the literature detailing institutional barriers to RTC innovation. Finally, we reviewed numerous legal decisions related to municipal liability for stormwater management (or mismanagement).
From this foundation, we distilled several institutional and legal barriers that prevent municipalities from embracing this particular type of innovation. The paper suggests a variety of …
Guarding The Guardians: Should Guardians Ad Litem Be Immune From Liability For Negligence?, Alberto Bernabe
Guarding The Guardians: Should Guardians Ad Litem Be Immune From Liability For Negligence?, Alberto Bernabe
Loyola University Chicago Law Journal
Illinois has a very comprehensive regulatory system for guardianships, which are recognized and regulated by several different statutes including the Illinois Probate Act and the Illinois Marriage and Dissolution of Marriage Act. Unfortunately, notwithstanding this comprehensive regulation, courts have struggled with the question of whether guardians ad litem should be immune from possible liability for injuries caused to their wards. Under the Marriage Act, an attorney appointed as a guardian ad litem is expected to perform duties on behalf of the court while the language of the Probate Act suggests that a guardian ad litem is appointed to represent the …
The Friday Night “Who Is Driving?” Debate Will Soon Come To An End: How Autonomous Vehicles Are Changing Our Lives And Societal Norms, Nicholas Calabria
The Friday Night “Who Is Driving?” Debate Will Soon Come To An End: How Autonomous Vehicles Are Changing Our Lives And Societal Norms, Nicholas Calabria
Touro Law Review
No abstract provided.
Grotheer V. Escape Adventures, Inc., Paisley Piasecki
Grotheer V. Escape Adventures, Inc., Paisley Piasecki
NYLS Law Review
No abstract provided.
Accountability, Eugenics, And Reproductive Justice, Susan Frelich Appleton
Accountability, Eugenics, And Reproductive Justice, Susan Frelich Appleton
Scholarship@WashULaw
This analysis contributes to an online symposium on Dov Fox’s book BIRTH RIGHTS AND WRONGS: HOW MEDICINE AND TECHNOLOGY ARE CHANGING REPRODUCTION AND THE LAW. Using eugenics and reproductive justice as points of departure, this review highlights both strengths and weaknesses in Fox’s approach.
Death Be Not Strange. The Montreal Convention’S Mislabeling Of Human Remains As Cargo And Its Near Unbreakable Liability Limits, Christopher Ogolla
Death Be Not Strange. The Montreal Convention’S Mislabeling Of Human Remains As Cargo And Its Near Unbreakable Liability Limits, Christopher Ogolla
Dickinson Law Review (2017-Present)
This article discusses Article 22 of the Convention for the Unification of Certain Rules for International Carriage by Air (“The Montreal Convention”) and its impact on the transportation of human remains. The Convention limits carrier liability to a sum of 19 Special Drawing Rights (SDRs) per kilogram in the case of destruction, loss, damage or delay of part of the cargo or of any object contained therein. Transportation of human remains falls under Article 22 which forecloses any recovery for pain and suffering unaccompanied by physical injury. This Article finds fault with this liability limit. The Article notes that if …
The Externality Of Victim Care, Alan J. Meese
Perverting Incentives When The Priceless Is Not Compensable: Victims’ Subjective Value In Negligence, Yehonatan Shiman
Perverting Incentives When The Priceless Is Not Compensable: Victims’ Subjective Value In Negligence, Yehonatan Shiman
West Virginia Law Review
No abstract provided.
Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley
Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley
Jill M. Fraley
This article argues that nuisance was historically unique in tort law because of its special role in protecting property rights.' In other words, nuisance historically had distinct features addressed to the special situation of land. Most importantly, nuisance protected the right to exclude in a way that no other cause of action did. The Second Restatement's change then diminished our rights to private property to the extent that it has been adopted. The majority of courts retain the more logical and defensible position--that property rights are special and nuisance encompasses something more than the idea of negligence.
Non-Physician Vs. Physician: Cross-Disciplinary Expert Testimony In Medical Negligence Litigation, Marc D. Ginsberg
Non-Physician Vs. Physician: Cross-Disciplinary Expert Testimony In Medical Negligence Litigation, Marc D. Ginsberg
Marc D. Ginsberg
The source of the applicable standard of care in a specific medical negligence claim is multifaceted. The testifying expert witness, when explaining the applicable standard of care, “would draw upon his own education and practical frame of reference as well as upon relevant medical thinking, as manifested by literature, educational resources and information available to practitioners, and experiences of similarly situated members of the profession.” Accordingly, in typical medical negligence litigation, the plaintiff’s expert witness testifying regarding the existence of and the defendant-physician’s deviation from the standard of care would be a physician. Why, then, have courts permitted non-physicians to …