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Articles 511 - 540 of 720
Full-Text Articles in Legal Remedies
Restatement (Second) Of Torts Section 324a: An Innovative Theory Of Recovery For Patients Injured Through Use Or Misuse Of Health Care Information Services, 14 J. Marshall J. Computer & Info. L. 73 (1995), Lisa L. Dahm
UIC John Marshall Journal of Information Technology & Privacy Law
The author in this comment discusses how developments in information technology and widespread utilization of technology and software in the patient care context raise the issue of clinical liability for health care information systems vendors. The comment discusses a theory of recovery of tort damages for the negligence of health care information systems vendors under section 324A of the Restatement (Second) of Torts. Section 324A provides in essence that "one who undertakes ... for consideration, to render services to another which he should recognize as necessary for the protection of a third person ... is subject to liability to the …
Taxation Of Damages After Schleier - Where Are We And Where Do We Go From Here?, Douglas A. Kahn
Taxation Of Damages After Schleier - Where Are We And Where Do We Go From Here?, Douglas A. Kahn
Articles
This article will examine the reasoning of the Schleier decision and speculate as to how taxation of pre-1996 damages will likely apply in light of Schleier. First, the article will set forth a very brief history of the judicial and administrative constructions of the statutory exclusion, and explore tax policy justifications for providing an exclusion from gross income for certain damages. These latter two items (set forth in Parts II and III of this article) are areas that have been extensively addressed previously by several commentators, including the author of this article.' The reason for exploring tax policy issues is …
Job Security: Protecting At-Will Employees With Good Cause Legislation, Mayumi Yokoyama
Job Security: Protecting At-Will Employees With Good Cause Legislation, Mayumi Yokoyama
LLM Theses and Essays
Recent decades have witnessed significant developments in employment termination law in the United States. In particular, the long-standing “at-will” doctrine, under which employers can fire employees for good, bad, or no reason at all, has experienced great erosion and wide variations in law from state to state. There has been a movement of statutory and common law restrictions limiting an employer’s freedom to terminate at will, which reflects the increasing consciousness of job security by society and workers. This paper analyzes the problem of job security by tracing the origin of the at-will doctrine to 19th century principles favoring economic …
Your Money Or Your Life?: Thinking About The Use Of Willingness-To-Pay Studies To Calculate Hedonic Damages, Dennis C. Taylor
Your Money Or Your Life?: Thinking About The Use Of Willingness-To-Pay Studies To Calculate Hedonic Damages, Dennis C. Taylor
Washington and Lee Law Review
No abstract provided.
Sexual Harassment In The Legal Profession: Workplace Education And Reform, Civil Remedies, And Professional Discipline, Lisa Pfenninger
Sexual Harassment In The Legal Profession: Workplace Education And Reform, Civil Remedies, And Professional Discipline, Lisa Pfenninger
Florida State University Law Review
No abstract provided.
Recovery Of Emotional Distress Damages In Aids-Phobia Cases: A Suggested Approach For Virginia, Edward Benedict Lumpkin
Recovery Of Emotional Distress Damages In Aids-Phobia Cases: A Suggested Approach For Virginia, Edward Benedict Lumpkin
Washington and Lee Law Review
No abstract provided.
Comments To The Reporters And Selected Members Of The Consultative Group, Restatement Of Torts (Third): Products Liability, Howard C. Klemme
Comments To The Reporters And Selected Members Of The Consultative Group, Restatement Of Torts (Third): Products Liability, Howard C. Klemme
Publications
No abstract provided.
The Constitutionality Of State Allocation Of Punitive Damage Awards, Paul F. Kirgis
The Constitutionality Of State Allocation Of Punitive Damage Awards, Paul F. Kirgis
Faculty Law Review Articles
This Note analyzes state allocation in light of these differing approaches. The constitutional analysis of Part II begins with a discussion of Takings Clause issues presented by the former "appropriation" approach. This section suggests some flaws in that approach and some reasons why courts might mistakenly adopt it. Part II then examines the criminal law protections embodied in the Excessive Fines and Double Jeopardy Clauses and evoked by the latter "civil penalty" approach. Next, Part III argues for specific statutory adoption of the civil penalty approach and discusses the practice and policy issues that that approach presents. Finally, an Appendix …
Rescuing The Revolution: The Revived Case For Enterprise Liability, Steven P. Croley, Jon D. Hanson
Rescuing The Revolution: The Revived Case For Enterprise Liability, Steven P. Croley, Jon D. Hanson
Michigan Law Review
The article proceeds as follows. Part I defines important terms and introduces the two-by-four Products Liability Matrix by explaining the eight possible positions that might be taken with respect to the mutability and liability-standard dimensions of products liability. Part II provides a backdrop for the current products liability debate, first by setting out a capsule history of the evolution of the modem products liability regime, and then by explaining the arguments offered by the "first generation" of products liability scholars to justify expanded manufacturer liability. Part II also illustrates the utility of the Products Liability Matrix by locating many of …
Punitive Damages And Regulated Products, Teresa Moran Schwartz
Punitive Damages And Regulated Products, Teresa Moran Schwartz
American University Law Review
No abstract provided.
The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig
The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig
American University Law Review
No abstract provided.
The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig
The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig
American University Law Review
No abstract provided.
Understanding The Malpractice Wars, Thomas B. Metzloff
Understanding The Malpractice Wars, Thomas B. Metzloff
Faculty Scholarship
No abstract provided.
Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson, Jr., Aaron D. Twerski
Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson, Jr., Aaron D. Twerski
American University Law Review
No abstract provided.
Managed Care, Utilization Review, And Financial Risk Shifting: Compensating Patients For Health Care Cost Containment Injuries, Vernellia R. Randall
Managed Care, Utilization Review, And Financial Risk Shifting: Compensating Patients For Health Care Cost Containment Injuries, Vernellia R. Randall
Seattle University Law Review
This Article examines current tort remedies for personal injury claims and explores the problems that arise when these remedies are applied to physicians' actions that are directed by third-party payers. Part II of this Article explores the organization and historical development of managed health care products. Part III considers the past and present uses of the utilization review process and financial risk shifting. Part IV explores the applicability of traditional theories of tort liability to third-party payers, including direct liability of third-party payers who market managed care products. Part V considers the barriers that ERISA presents to compensating patients for …
Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson, Jr., Aaron D. Twerski
Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson, Jr., Aaron D. Twerski
American University Law Review
No abstract provided.
Punitive Damages And Regulated Products, Teresa Moran Schwartz
Punitive Damages And Regulated Products, Teresa Moran Schwartz
American University Law Review
No abstract provided.
Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban
Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban
American University Law Review
No abstract provided.
Hudson V. Mcmillian And Prisoners' Rights: The Court Giveth And The Court Taketh Away, Doretha M. Van Slyke
Hudson V. Mcmillian And Prisoners' Rights: The Court Giveth And The Court Taketh Away, Doretha M. Van Slyke
American University Law Review
No abstract provided.
Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban
Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban
American University Law Review
No abstract provided.
Hudson V. Mcmillian And Prisoners' Rights: The Court Giveth And The Court Taketh Away, Doretha M. Van Slyke
Hudson V. Mcmillian And Prisoners' Rights: The Court Giveth And The Court Taketh Away, Doretha M. Van Slyke
American University Law Review
No abstract provided.
Why Is Corrective Justice Just?, Emily Sherwin
Why Is Corrective Justice Just?, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
Reforming Products Liability, Suzanne M. Lambert
Reforming Products Liability, Suzanne M. Lambert
Michigan Law Review
A Review of Reforming Products Liability by W. Kip Viscusi
Interpretation Of The Statutory Modification Of Joint And Several Liability: Resisting The Deconstruction Of Tort Reform, Gregory C. Sisk
Interpretation Of The Statutory Modification Of Joint And Several Liability: Resisting The Deconstruction Of Tort Reform, Gregory C. Sisk
Seattle University Law Review
This Article defends RCW 4.22.070 and opposes the deconstruction of legislative tort reform. The Article’s premise is that the legislature did indeed intend to accomplish a significant reform of the liability system and to take a long, purposeful stride toward the implementation of comparative fault as applied to all parties in tort litigation. The Article concludes that the legislature adopted language that adequately, if sometimes imperfectly, achieves that purpose. The Article discusses the following: the meaning of “fault” as applicable through RCW 4.22.070; the nature of the entities to whom fault must be allocated; the responsibility for raising the culpability …
From One Dollar To $2.4 Million: Narrowing The Spectrum Of Damage Awards In Fair Housing Cases Through Basic Tort Litigation Tactices, 26 J. Marshall L. Rev. 29 (1992), Larry R. Rogers, Kelly N. Kalus
From One Dollar To $2.4 Million: Narrowing The Spectrum Of Damage Awards In Fair Housing Cases Through Basic Tort Litigation Tactices, 26 J. Marshall L. Rev. 29 (1992), Larry R. Rogers, Kelly N. Kalus
UIC Law Review
No abstract provided.
Murdering The Spirit: Racism, Rights, And Commerce, Robin West
Murdering The Spirit: Racism, Rights, And Commerce, Robin West
Georgetown Law Faculty Publications and Other Works
Patricia Williams' The Alchemy of Race and Rights: The Diary of a Law Professor, is an eloquent, profoundly original, and often brilliant collection of interdisciplinary essays and stories concerning the impact of racism and poverty on the human spirit; the historic and continuing role of law and legal institutions in defining, facilitating, and perpetuating those harms; and the possibilities and dangers imminent in the attempt to use law to effect a remedy for them. This is a book that we should celebrate: it reminds us that books are occasionally very, very important, that reading can be transformative, and that writing …
Direct Actions For Emotional Harm: Is Compromise Possible?, Julie A. Davies
Direct Actions For Emotional Harm: Is Compromise Possible?, Julie A. Davies
Washington Law Review
While most courts and commentators acknowledge that emotional injury resulting from negligence may merit compensation, they share the conviction that some limits must be placed on such claims. They identify two basic policy rationales as the justifications for limiting claims for emotional harm: (1) the desire to ensure that a defendant's liability for negligence is not disproportionate to his or her fault, and (2) the desire to prevent litigation of trivial or fraudulent claims. This Article argues that the two rules most frequently applied by courts to effectuate limitations on recovery—the "zone-of-danger" rule and the "foreseeability-plus-serious-injury" rule—suffer from serious deficiencies. …
The Tort Of Bad Faith In First-Party Insurance Transactions: Refining The Standard Of Culpability And Reformulating The Remedies By Statute, Roger C. Henderson
The Tort Of Bad Faith In First-Party Insurance Transactions: Refining The Standard Of Culpability And Reformulating The Remedies By Statute, Roger C. Henderson
University of Michigan Journal of Law Reform
This Article explores the common-law and statutory background of the tort of bad faith in first-party insurance situations analyzes the varying standards of culpability that have been developed by the courts and suggests a uniform statutory solution to the problems created by the varying standards. The statute also tailors the remedies more closely to the particular type of insurer wrongdoing. The proposed remedies recognize the dual nature of the insurer-insured relationship, that is, one based upon contract and tort concepts. Such a statute would eliminate many of the ambiguities and other deficiencies in the common law of those states that …
Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn
Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn
Articles
Since the adoption in 1919 of the Revenue Act of 1918, damages received on account of personal injuries or sickness have been excluded by statute from gross income.1 This exclusion, which does not apply to reimbursements for medical expenses for which the taxpayer was previously allowed a tax deduction,2 is presently set forth in section 104(a)(2). One might expect that a provision having recently attained the ripe age of 75 years without change in its basic language would have a settled meaning. However, recent litigation under section 104(a)(2) bristles with unsettled issues. Does the exclusion apply to punitive damages? To …
Tort Remedies For Victims Of Domestic Abuse, Douglas D. Scherer
Tort Remedies For Victims Of Domestic Abuse, Douglas D. Scherer
Scholarly Works
This Article discusses the use of intentional tort actions by victims of domestic abuse who seek monetary damages. Part I discusses the phenomenon of domestic abuse, with emphasis on physical and emotional harm and factures that justify punitive and compensatory damage awards. Part II discusses the torts of battery, assault and intentional infliction of emotional distress, and the appropriateness of these actions in domestic abuse cases. Part III discusses the interspousal immunity doctrine and demonstrates the limited extent to which the doctrine bars domestic abuse tort actions. Finally Part IV discusses judicial acceptance of tort actions in domestic abuse cases. …