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Articles 391 - 420 of 543
Full-Text Articles in Family Law
Whitner V. State: Expanding Child Abuse And Endangerment Laws To Protect Viable Fetuses From Prenatal Substance Abuse, Stephanie Hainer Ojeda
Whitner V. State: Expanding Child Abuse And Endangerment Laws To Protect Viable Fetuses From Prenatal Substance Abuse, Stephanie Hainer Ojeda
West Virginia Law Review
No abstract provided.
The Parental Tort Immunity Doctrine: Is It A Defensible Defense?, Sandra L. Haley
The Parental Tort Immunity Doctrine: Is It A Defensible Defense?, Sandra L. Haley
University of Richmond Law Review
If the overriding purpose of tort law is to compensate those injured by the wrongdoing of another, then intrafamily tort immunities have historically defeated that purpose. Their effect is to leave an uncompensated injured party with no remedy simply by virtue of the tortfeasor's familial relationship to the injured person. This survey focuses on the doctrine of parental tort immunity and concludes that, although numerous exceptions exist, the rationales advanced for the doctrine's continued existence are of questionable relevance today.
Rock-A-Bye Lawsuit: Can A Baby Sue The Hand That Rocked The Cradle, 28 J. Marshall L. Rev. 429 (1995), Geoffrey A. Vance
Rock-A-Bye Lawsuit: Can A Baby Sue The Hand That Rocked The Cradle, 28 J. Marshall L. Rev. 429 (1995), Geoffrey A. Vance
UIC Law Review
No abstract provided.
Table Of Contents - Cardozo Law Review, Volume 15, Issue 5
Table Of Contents - Cardozo Law Review, Volume 15, Issue 5
Cardozo Law Review
No abstract provided.
Annotated Torts Bibliography, Nancy Levit
Joinder Of Tort Claims In Divorce Actions, Barbara Glesner Fines
Joinder Of Tort Claims In Divorce Actions, Barbara Glesner Fines
Faculty Works
No abstract provided.
Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr.
Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr.
Faculty Publications
Traditional tort law embraces an unduly narrow notion of corrective justice that fails to resolve wrongful life disputes satisfactorily. The unique circumstances associated with the creation of a new life bring into play another, broader paradigm of responsibility: one that resembles family law more than tort. From this perspective, children whose birth can be attributed to tortious conduct have a strong moral claim for supplemental child support whenever a tortfeasor's interference with the pro- creative rights of the parents foreseeably results in the birth of a child and that child's parents cannot provide adequate support. In such an instance, the …
Belcher V. Goins: West Virginia Joins The District Minority Of Jurisdictions In Recognizing A Claim For Loss Of Parental Consortium, Daniel T. Yon
Belcher V. Goins: West Virginia Joins The District Minority Of Jurisdictions In Recognizing A Claim For Loss Of Parental Consortium, Daniel T. Yon
West Virginia Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Tortious Interference With Visitation Rights: A New And Important Remedy For Non-Custodial Parents, 20 J. Marshall L. Rev. 307 (1986), Lawrence A. Goldman
Tortious Interference With Visitation Rights: A New And Important Remedy For Non-Custodial Parents, 20 J. Marshall L. Rev. 307 (1986), Lawrence A. Goldman
UIC Law Review
No abstract provided.
Bullard V. Barnes: Piecemeal Precedent For The Loss Of A Child's Society In Wrongful Death Actions, 18 J. Marshall L. Rev. 541 (1985), Peter J. Wifler
Bullard V. Barnes: Piecemeal Precedent For The Loss Of A Child's Society In Wrongful Death Actions, 18 J. Marshall L. Rev. 541 (1985), Peter J. Wifler
UIC Law Review
No abstract provided.
Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt
Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt
Seattle University Law Review
The recognition of the wrongful birth and wrongful life causes of action by the Washington State Supreme Court is supported by both policy rationales and legal theories. Wrongful birth and wrongful life causes of action receive support from traditional tort principles and, more important, further public policy by deterring negligent genetic counseling and negligent preconception medical treatment. This Note describes the legal history of these claims and analyzes several issues not addressed by the Washington court. In addition, this Note criticizes a more recent decision by the court, which limits wrongful conception causes of action, because that decision conflicts with …
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.
The Unwarranted Abrogation Of Interspousal Tort Immunity: Fernandez V. Ramo, Michael L. Schwab
The Unwarranted Abrogation Of Interspousal Tort Immunity: Fernandez V. Ramo, Michael L. Schwab
BYU Law Review
No abstract provided.
Wrongful Death Of The Fetus: Viability Is Not A Viable Distinction, Sheryl Anne Symonds
Wrongful Death Of The Fetus: Viability Is Not A Viable Distinction, Sheryl Anne Symonds
Seattle University Law Review
This Comment reviews the history of tort law treatment of the fetus who is wrongfully injured or killed. The Comment discusses case history and wrongful death statutes, with a focus on Washington law. Finally, the Comment concludes that courts should ignore viability when deciding cases of fetal wrongful death.
Survey Of Developments In West Virginia Law: 1981
Survey Of Developments In West Virginia Law: 1981
West Virginia Law Review
No abstract provided.
Deelche V. Jacobsen: Recovering From Community Property For A Separate Tort Judgment, Joseph R. Mcfaul
Deelche V. Jacobsen: Recovering From Community Property For A Separate Tort Judgment, Joseph R. Mcfaul
Seattle University Law Review
This note critically analyzes deElche against the historical background of community property statutes and evaluates its effect on previous case law that subverted community property principles, resulting in injustice to either the victim or the tortfeasor’s spouse. While deElche does not explicitly overrule these cases, it casts doubt on their current vitality. This note also responds to the dissent’s criticisms, and discusses the scope of the deElche decision.
Torts - Interspousal Immunity - Unliquidated Tort Claims Between Spouses No Longer Barred - Pennsylvania Abrogates Doctrine Of Interspousal Immunity As Unsupported By Law, Logic, Or Public Policy, James Russell Wells
Villanova Law Review (1956 - )
No abstract provided.
Virginia Laws Affecting Churches - Restated, J. Rodney Johnson
Virginia Laws Affecting Churches - Restated, J. Rodney Johnson
University of Richmond Law Review
Twenty-five years ago, the late William T. Muse, then Dean of the University of Richmond School of Law, observed that although there was considerable law in Virginia relating to churches this law was widely scattered throughout the statutes and the cases. To remedy this state of affairs, Dean Muse wrote a concise but complete summary of these laws. In the quarter-century that has elapsed since Dean Muse's article was published, Virginia has adopted a new constitution, many church-related statutes have been enacted and a number of church-related cases have been decided, some of which have refined established principles and others …
Community Property—Washington Allows Separate Tort Recovery From Community Property—Deelche V. Jacobsen, 95 Wn. 2d 237, 622 P.2d 835 (1980), Elizabeth Jane Blagg
Community Property—Washington Allows Separate Tort Recovery From Community Property—Deelche V. Jacobsen, 95 Wn. 2d 237, 622 P.2d 835 (1980), Elizabeth Jane Blagg
Washington Law Review
With the deElche decision, Washington joined the majority of community property states, but did not address several important questions, which will be the subject of this note. This note begins by reviewing prior case law and the structure of community property ownership in general. An analysis of the majority and dissenting opinions in deElche follows. The majority's reasoning and the impact of the decision will then be analyzed. The note concludes that the deElche holding is basically sound, but that the lack of clarity in the opinion leaves several community property questions unsettled.
"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire
"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire
West Virginia Law Review
We begin with the proposition that the right of freedom of thought protected by the First Amendment against State action includes both the right to speak freely and the right to refrain from speaking at all. A system which secures the right to proselytize religious, political and ideological causes must also guarantee the concomitant right to decline to foster such concepts. The right to speak and the right to refrain from speaking are complementary components of the broader concept of 'individual freedom of mind.' Anguished parents and sympathetic judges; concerned attorneys and psychologists; reality-inducing therapists, police officers and adult or …
Actions For Loss Of Consortium In Washington: The Children Are Still Crying, Gino L. Gabrio
Actions For Loss Of Consortium In Washington: The Children Are Still Crying, Gino L. Gabrio
Washington Law Review
This comment examines the reasons advanced by Washington courts to deny children a cause of action for loss of parental consortium when a parent is negligently injured. It discusses the inconsistent positions that courts and legislatures have taken in awarding or refusing to award recovery for loss of consortium by various classes of plaintiffs, and argues that children, like parents and spouses, should also have a separate consortium action. This comment then proposes guidelines for legislation creating a child's consortium action that limits any dangers of permitting children to recover. Finally, this comment concludes that, if the legislature fails to …
Loss Of Consortium And The Unmarried Cohabitant: Bulloch V. United States, Paul D. Ellsworth
Loss Of Consortium And The Unmarried Cohabitant: Bulloch V. United States, Paul D. Ellsworth
BYU Law Review
No abstract provided.
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Washington Law Review
This note outlines the origins of the doctrine of parentalftort immunity and its development in Washington, placing special emphasis on the doctrine's underlying policies and their applicability in automobile negligence cases. This note then discusses the problems which may arise from the Merrick court's failure to abolish the parental immunity entirely. Looking to the future, this note suggests that the immunity be abolished in favor of a standard of care recognizing the legal duty of a parent to act as a reasonably prudent parent.
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Washington Law Review
This note outlines the origins of the doctrine of parentalftort immunity and its development in Washington, placing special emphasis on the doctrine's underlying policies and their applicability in automobile negligence cases. This note then discusses the problems which may arise from the Merrick court's failure to abolish the parental immunity entirely. Looking to the future, this note suggests that the immunity be abolished in favor of a standard of care recognizing the legal duty of a parent to act as a reasonably prudent parent.
Survey Of Developments In West Virginia Law: 1980
Survey Of Developments In West Virginia Law: 1980
West Virginia Law Review
No abstract provided.
Survey Of Developments In West Virginia Law: 1979
Survey Of Developments In West Virginia Law: 1979
West Virginia Law Review
No abstract provided.
Wrongful Life: Birth Control Spawns A Tort, 13 J. Marshall L. Rev.401 (1980), Margaret J. Mullen
Wrongful Life: Birth Control Spawns A Tort, 13 J. Marshall L. Rev.401 (1980), Margaret J. Mullen
UIC Law Review
No abstract provided.
Survey Of Developments In West Virginia Law: 1978
Survey Of Developments In West Virginia Law: 1978
West Virginia Law Review
No abstract provided.
Shepard V. Superior Court—Recovery For Mental Distress In A Products Liability Action, G. Scott Greenburg
Shepard V. Superior Court—Recovery For Mental Distress In A Products Liability Action, G. Scott Greenburg
Seattle University Law Review
In Shepard v. Superior Court, the California Court of Appeals held that a party directly witnessing injury to a close relative could recover damages for resulting mental distress in a strict products liability action. By recognizing a duty to avoid infliction of emotional distress in a products liability case, Shepard elevated a manufacturer's duty in strict liability to the level recently recognized in a negligence action. The court correctly reasoned that a cause of action for mental distress in products liability was consistent with economic realities of modern society and the purposes behind products liability.