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Articles 301 - 330 of 367
Full-Text Articles in Common Law
The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse
The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse
LLM Theses and Essays
While the United States’ common law system is characterized by diversity due to each state having its own set of rules, in certain areas there are nationwide legislative attempts of unification and standardization. One such attempt is the adoption of the Uniform Commercial Code which governs the sale of goods law in the United States. The French civil law system generally differs greatly from the American system in that it is primarily based upon statutes and codes. However, the American Uniform Commercial Code and the French Civil Code provide tangible, comparable bases to assess similarities and differences between American and …
Federal Preemption Of Prescrption Drug Labeling: Antidote For Pharmaceutical Industry Overdosing On State Court Jury Decisions In Products Liability Cases, 22 J. Marshall L. Rev. 629 (1989), John F. Del Giorno
UIC Law Review
No abstract provided.
Punitive Damages: A Cat's Clavicle In Modern Civil Law, 22 J. Marshall L. Rev. 657 (1989), Kurt M. Zitzer
Punitive Damages: A Cat's Clavicle In Modern Civil Law, 22 J. Marshall L. Rev. 657 (1989), Kurt M. Zitzer
UIC Law Review
No abstract provided.
Constitutional Challenges To The Partial Rejection And Modification Of The Common Law Rule Of Joint And Several Liability Made By The 1986 Washington Tort Reform Act, Cornelius J. Peck
Constitutional Challenges To The Partial Rejection And Modification Of The Common Law Rule Of Joint And Several Liability Made By The 1986 Washington Tort Reform Act, Cornelius J. Peck
Washington Law Review
The procedural due process questions raised by Section 401 differ in substantial ways from questions in traditional procedural due process cases. In most of the decided cases a governmental body or a private individual was attempting to harm the interests of the person claiming due process protection. Due process requirements were established as protections for the defendant. Only a few of the cases involved a claim of due process in access to a judicial remedy. Persons contesting the constitutionality of Section 401 will argue that the limitations imposed and the procedures required by that Section fail to meet the requirements …
Government Responsibility For Constitutional Torts, Christina B. Whitman
Government Responsibility For Constitutional Torts, Christina B. Whitman
Articles
This essay is about the language used to decide when governments should be held responsible for constitutional torts.' Debate about what is required of government officials, and what is required of government itself, is scarcely new. What is new, at least to American jurisprudence, is litigation against government units (rather than government officials) for constitutional injuries. 2 The extension of liability to institutional defendants introduces special problems for the language of responsibility. In a suit against an individual official it is easy to describe the wrong as the consequence of individual behavior that is inconsistent with community norms; the language …
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
Froud V. Celotex Corp.: Rebirth Of An Adage, 17 J. Marshall L. Rev. 781 (1984), Thomas F. Londrigan
Froud V. Celotex Corp.: Rebirth Of An Adage, 17 J. Marshall L. Rev. 781 (1984), Thomas F. Londrigan
UIC Law Review
No abstract provided.
Do Bad Fences Make Bad Neighbors In New York After Scurti V. City Of New York?, David A. Zarett
Do Bad Fences Make Bad Neighbors In New York After Scurti V. City Of New York?, David A. Zarett
Cardozo Law Review
No abstract provided.
Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman
Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman
Cardozo Law Review
No abstract provided.
Process Constraints In Tort, James A. Henderson Jr.
Process Constraints In Tort, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Constitutional Torts, Christina B. Whitman
Constitutional Torts, Christina B. Whitman
Articles
In this Article, I analyze the significance of the overlap between state tort law remedies and remedies under section 1983. I conclude that the dissatisfaction with section 1983 cannot fairly be attributed to the fact that it has been read to provide a remedy that "supplements" state law. I argue that most of the anxiety over constitutional damage actions under section 1983 can be understood - and resolved - only by focusing on two other questions. The first of these concerns the appropriate reach of the Constitution. Ambivalence about section 1983 reflects, in part, a fear that the federal Constitution …
Toxic Substance Contamination: The Risk-Benefit Approach To Causation Analysis, Bradford W. Kuster
Toxic Substance Contamination: The Risk-Benefit Approach To Causation Analysis, Bradford W. Kuster
University of Michigan Journal of Law Reform
This article argues that the dilemma described above requires change and proposes a new standard for causation in this type of toxic contamination case. Part I examines the difficulties posed by conventional common law relief mechanisms, and the inadequacies of existing statutory relief mechanisms. Part II scrutinizes a more lenient burden of proof standard, the risk-benefit approach, which some courts have applied when faced with situations involving scientific uncertainties. The risk-benefit approach will be applied to causation analysis in the context of damage recoveries, using the. Hemlock, Michigan, situation as a case study. Part III discusses present congressional proposals, and …
Interspousal Immunity In Pennsylvania, John L. Gedid
Interspousal Immunity In Pennsylvania, John L. Gedid
Duquesne Law Review
No abstract provided.
Comparative Contribution: The Legislative Enactment Of The Skinner Doctrine, 14 J. Marshall L. Rev. 141 (1980), Randall F. Clark
Comparative Contribution: The Legislative Enactment Of The Skinner Doctrine, 14 J. Marshall L. Rev. 141 (1980), Randall F. Clark
UIC Law Review
No abstract provided.
Oliver Wendell Holmes And External Standards Of Criminal And Tort Liability: Application Of Theory On The Massachusetts Bench, William A. Lundquist
Oliver Wendell Holmes And External Standards Of Criminal And Tort Liability: Application Of Theory On The Massachusetts Bench, William A. Lundquist
Buffalo Law Review
No abstract provided.
The Enterprise Liability Theory Of Torts, Howard C. Klemme
The Enterprise Liability Theory Of Torts, Howard C. Klemme
Publications
No abstract provided.
Noise And The Law, George A. Spater
Noise And The Law, George A. Spater
Michigan Law Review
For practical purposes the discussion of the law of noise can be considered in two parts: first, the rights of a complainant against a private person and second, the rights of a complainant against the government or an agency acting by government authority.
The Unborn Plaintiff, David A. Gordon
The Unborn Plaintiff, David A. Gordon
Michigan Law Review
It is almost twenty-five years since Professor Winfield's article "The Unborn Child" was published. The development of this area of the law during the past quarter century is probably summed up in the distinction between that title and the one to this article.
Negligence: Blackstone To Shaw To? An Intellectual Escapade In A Tory Vein, E. F. Roberts
Negligence: Blackstone To Shaw To? An Intellectual Escapade In A Tory Vein, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
Torts-Joint Tort-Feasors--Release Of One Not Release Of All, Karen M. Swift
Torts-Joint Tort-Feasors--Release Of One Not Release Of All, Karen M. Swift
Michigan Law Review
Plaintiff, a woman who had been struck by a taxicab, underwent treatment by defendant-physician. After eight months under defendant's care, she accepted his assurances that she would fully recover, and executed a general release in favor of the taxi driver. Plaintiff subsequently discovered, however, that the defendant had been negligent in his treatment of her both before and after the execution of the release. In a malpractice action before the Supreme Court of New York judgment was entered in favor of the plaintiff, and defendant appealed. The Appellate Division dismissed the original complaint, holding that the general release discharging the …
Jury Instruction On Assumption Of Risk Under Fela
Jury Instruction On Assumption Of Risk Under Fela
Washington and Lee Law Review
No abstract provided.
Torts-Uniform Contribution Among Tortfeasors Act-General Release Of One Tortfeasor Releases All, Robert L. Harmon
Torts-Uniform Contribution Among Tortfeasors Act-General Release Of One Tortfeasor Releases All, Robert L. Harmon
Michigan Law Review
Plaintiff, riding as a passenger with X, was injured in an accident involving the automobile driven by X and a truck owned by defendant. Several months later X paid plaintiff $1,518.87 and received a release. Plaintiff then brought an action in trespass against the defendant, charging negligence in causing the accident and claiming $10,000 damages. The defendant joined X as an additional defendant and X pleaded the release. Defendant's amended answer claimed that the broad language of the release, "any and all other persons," within the meaning of the Uniform Contribution Among Tortfeasors Act, provided a release for the defendant …
Wrongful Death-Bases Of The Common Law Rules, T. A. Smedley
Wrongful Death-Bases Of The Common Law Rules, T. A. Smedley
Vanderbilt Law Review
One of the oft-sung glories of the English common law is the vitality of its many rules which evolved originally from ancient custom, usage, tradition and experience. This truly amazing vitality has the virtue of imbuing the law with stability, of providing legal sanction for established commercial practices, of protecting vested property interests, and of furnishing some measure of predictability of decisions. Unfortunately, it also serves to perpetuate the force of some rules far beyond the period of their usefulness and to maintain their influence after the reason for their existence has been long forgotten.'Such was the case in regard …
The Attorney's Liability For Negligence, John W. Wade
The Attorney's Liability For Negligence, John W. Wade
Vanderbilt Law Review
The concept of negligence was late in developing in the common law. Perhaps the first group of cases in which the idea began to take shape involved the liability of persons who professed competence in certain callings.' One of these "callings" was that of the attorney,and cases as early as the middle of the eighteenth century hold an attorney liable on this basis.
Required Joinder Of Claims, Dieter L. Hoegen
Required Joinder Of Claims, Dieter L. Hoegen
Michigan Law Review
In review we can say that within a comparatively broad field of the American law required joinder of claims is the rule. There are some exceptions. The German law has no rule of compulsory joinder of claims. Here, there are some exceptions, too. In this sense and within a field which is marked out by the American rule and the German exceptions, the relationship of rule and exceptions is reversed in the two systems.
Required Joinder Of Claims, Dieter L. Hoegen
Required Joinder Of Claims, Dieter L. Hoegen
Michigan Law Review
This comparative study is confined to the situation of one claimant against one claimee. The principles which will be considered seem to be rather well settled both in the American and the German law. The fact, however, that besides many a common result we shall find fundamental differences in the pertinent basic concepts of the American and German systems makes the discussion worthwhile. It may, at least, promote a reconsideration of the propriety of those concepts.
Civil Procedure - Joinder Of Statutory Causes Of Action With Common Law Negligence Where There Are Different Parties Defendant, George W. Marti
Civil Procedure - Joinder Of Statutory Causes Of Action With Common Law Negligence Where There Are Different Parties Defendant, George W. Marti
Michigan Law Review
Plaintiff brought an action against defendant for injuries received in an automobile accident caused by defendant's negligence in driving while intoxicated. She sought to join with this claim actions against several bar owners under a statute providing for liability of bar owners for injuries caused by one to whom they had unlawfully sold alcoholic beverages. One of the defendant bar owners moved to dismiss for misjoinder or to compel an election of causes on the ground that since only compensatory damages could be recovered against the defendant-consumer upon common law negligence, and both exemplary and compensatory damages could be recovered …
Husband And Wife - Right Of Wife To Sue For Loss Of Consortium Due To Negligent Injury To Husband, James M. Porter S.Ed.
Husband And Wife - Right Of Wife To Sue For Loss Of Consortium Due To Negligent Injury To Husband, James M. Porter S.Ed.
Michigan Law Review
Plaintiff brought an action for loss of consortium with her husband, allegedly due to defendant's negligent injury of the husband. In a prior suit the husband's cause of action against the defendant had been settled and dismissed with prejudice. The trial court dismissed the present suit for failure to state a cause of action. On appeal, held, reversed. The wife has a valuable property right of consortium. Iowa statutes pertaining to the rights of married women clearly indicate the intent of the legislature to remove the common law bar of coverture that prevented a wife from maintaining an action …
Conflict Of Laws - Torts - Proper Party Plaintiff In Wrongful Death Actions, John M. Webb
Conflict Of Laws - Torts - Proper Party Plaintiff In Wrongful Death Actions, John M. Webb
Michigan Law Review
The purpose of this comment is to examine the differing solutions and determine the vitality of the common law rule in wrongful death actions.
Husband And Wife -- Personal Tort Actions Between Spouses -- Statutory Construction, Robert B. Olsen S.Ed.
Husband And Wife -- Personal Tort Actions Between Spouses -- Statutory Construction, Robert B. Olsen S.Ed.
Michigan Law Review
Following an interlocutory divorce decree, and while the parties were living apart from one another, defendant allegedly assaulted the plaintiff. The trial court dismissed her complaint on the ground that no action could be brought by one spouse against the other for personal torts committed during coverture. On appeal, held, reversed, three judges dissenting and one concurring. The Judicial Code and the Husband and Wife Statutes of Utah, when considered together, entitle a married woman to maintain an action against her husband for injuries intentionally inflicted upon her. Taylor v. Patten, 2 Utah (2d) 404, 275 P. (2d) …