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Articles 541 - 570 of 720

Full-Text Articles in Legal Remedies

Damages For Loss Of The Enjoyment Of Life, 24 J. Marshall L. Rev. 423 (1991), John Dwight Ingram Jan 1991

Damages For Loss Of The Enjoyment Of Life, 24 J. Marshall L. Rev. 423 (1991), John Dwight Ingram

UIC Law Review

No abstract provided.


The Suicidal Decedent: Culpable Wrongdoer, Or Wrongfully Deceased, 24 J. Marshall L. Rev. 463 (1991), Allen C. Schlinsog Jr. Jan 1991

The Suicidal Decedent: Culpable Wrongdoer, Or Wrongfully Deceased, 24 J. Marshall L. Rev. 463 (1991), Allen C. Schlinsog Jr.

UIC Law Review

No abstract provided.


Recovery For The Wrongful Death Of A Fetus, Michael P. Mccready Jan 1991

Recovery For The Wrongful Death Of A Fetus, Michael P. Mccready

University of Richmond Law Review

This Note traces the history and development of actions for prenatal wrongful death. It emphasizes the state of the law in Virginia and examines the rationale of various jurisdictions where courts have chosen to draw a line for imposing liability. After discussing the role of wrongful death statutes, this Note concludes with an analysis of the trends in the law and a prediction of the direction the law will take in the future.


Getting To No: A Study Of Settlement Negotiations And The Selection Of Cases For Trial, Samuel R. Gross, Kent D. Syverud Jan 1991

Getting To No: A Study Of Settlement Negotiations And The Selection Of Cases For Trial, Samuel R. Gross, Kent D. Syverud

Articles

A trial is a failure. Although we celebrate it as the centerpiece of our system of justice, we know that trial is not only an uncommon method of resolving disputes, but a disfavored one. With some notable exceptions, lawyers, judges, and commentators agree that pretrial settlement is almost always cheaper, faster, and better than trial. Much of our civil procedure is justified by the desire to promote settlement and avoid trial. More important, the nature of our civil process drives parties to settle so as to avoid the costs, delays, and uncertainties of trial, and, in many cases, to agree …


Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson Jan 1991

Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson

Publications

The legal branch of the women's movement, although of one mind on some subjects, is divided on the proper approach to pornography. Some feminists oppose the imposition of any legal burdens on pornography because they fear that feminist speech will be caught in the general suppression, and others believe that any such burdens must violate the first amendment. Professor Wesson suggests that pornography should be defined to include only those materials that equate sexual pleasure with the infliction of violence or pain, and imply approval of conduct that generates the actor's arousal or satisfaction through this infliction. So defined, pornography …


The New/Old Law Of Securities Transfer: Calling A “Spade” A “Heart, Diamond, Club Or The Like”, Martin J. Aronstein Dec 1990

The New/Old Law Of Securities Transfer: Calling A “Spade” A “Heart, Diamond, Club Or The Like”, Martin J. Aronstein

Cardozo Law Review

Recent changes in the law of securities transfer might be characterized as trying to put an expanding multi-faceted peg in a round hole. The proverbial round hole, of course, is the traditional negotiable instrument concept that a security is transferred by delivery. The peg is the rapidly developing system of securities issuance and holding practices in which an owner's interest in a security is evidenced by an entry on his account with a broker, bank, clearing corporation, or other intermediary, and the security itself is represented by a piece of paper in the possession of that or another third party, …


Retaliatory Discharge For Workers' Compensation: Do Union Employees Need A State Tort, Scott N. Gelfand Dec 1989

Retaliatory Discharge For Workers' Compensation: Do Union Employees Need A State Tort, Scott N. Gelfand

Cardozo Law Review

No abstract provided.


Flypaper Contracts And The Genesis Of Modern Tort, Peter Huber Aug 1989

Flypaper Contracts And The Genesis Of Modern Tort, Peter Huber

Cardozo Law Review

No abstract provided.


Hegel And Modern Contract Theory: A Comment On Benson And Rosenfeld, Jay M. Feinman Mar 1989

Hegel And Modern Contract Theory: A Comment On Benson And Rosenfeld, Jay M. Feinman

Cardozo 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 Jan 1989

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.


The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse Jan 1989

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 …


Kalish V. Illinois Education Association: Absolute Privileges In Quasi - Judicial Proceedings, 22 J. Marshall L. Rev. 737 (1989), Michael Fahey Jan 1989

Kalish V. Illinois Education Association: Absolute Privileges In Quasi - Judicial Proceedings, 22 J. Marshall L. Rev. 737 (1989), Michael Fahey

UIC Law Review

No abstract provided.


Negligent Misrepresentation In Illinois: The First District Expands Its Scope Beyond Defendants In The Business Of Supplying Information, 22 J. Marshall L. Rev. 753 (1989), Richard A. Borich Jr. Jan 1989

Negligent Misrepresentation In Illinois: The First District Expands Its Scope Beyond Defendants In The Business Of Supplying Information, 22 J. Marshall L. Rev. 753 (1989), Richard A. Borich Jr.

UIC Law Review

No abstract provided.


Pain And Suffering Guidelines: A Cure For Damages Measurement "Anomie", Frederick S. Levin Jan 1989

Pain And Suffering Guidelines: A Cure For Damages Measurement "Anomie", Frederick S. Levin

University of Michigan Journal of Law Reform

This Note argues that adapting the criminal sentencing guidelines systems in use in several states to the personal injury context would provide appropriate standards for measuring pain and suffering damages. Part I explores why present methods for measuring pain and suffering are objectionable. A description of the proposed method for developing guidelines is provided in Part II. Part II explores the use of guidelines in criminal sentencing and the analogy between sentencing decisions and assessment of damages for nonpecuniary loss. Part II also describes how to develop and implement guidelines for assessing pain and suffering damages. Part III examines why …


The Full Court Press: Sacrificing Vital Privacy Interests On The Altar Of First Amendment Rhetoric, Irwin R. Kramer Jan 1989

The Full Court Press: Sacrificing Vital Privacy Interests On The Altar Of First Amendment Rhetoric, Irwin R. Kramer

Cardozo Arts & Entertainment Law Journal

No abstract provided.


An America's Cup For Tort Reform? Australia And America Compared, Jeffrey O'Connell, David Partlett Apr 1988

An America's Cup For Tort Reform? Australia And America Compared, Jeffrey O'Connell, David Partlett

University of Michigan Journal of Law Reform

The issue of tort reform has descended from Ivory Towers to populist politics. A few years ago no one could have predicted that "tort reform" would become political argot and a stirring election slogan. Some in the United States see the tort crisis and the stimulus for reform as somehow uniquely American. This Article shows instead that many advanced, industrialized societies are discussing tort reform initiatives actively. The precise nature of the problems, the reasons for reform, and the shape of solutions will be fashioned by indigenous culture, tradition, and the uncertainties of politics. In the common-law world, however, a …


Comparing Comparative Negligence: Is There A Difference Between The Pure And Modified Forms, 22 J. Marshall L. Rev. 243 (1988), Bruce L. Ottley Jan 1988

Comparing Comparative Negligence: Is There A Difference Between The Pure And Modified Forms, 22 J. Marshall L. Rev. 243 (1988), Bruce L. Ottley

UIC Law Review

No abstract provided.


Corporate Behavior And The Social Efficiency Of Tort Law, John A. Siliciano Aug 1987

Corporate Behavior And The Social Efficiency Of Tort Law, John A. Siliciano

Michigan Law Review

This article examines this dissonance between accepted theory and observed reality, between what the model envisions and what the tort system seems to deliver. After sketching the model in greater detail, the first section of the article reviews restraints within tort law on the achievement of efficient outcomes. The analysis then turns to the broader legal environment, and describes how legally sanctioned means of liability evasion - such as the corporate law doctrine of limited liability and the bankruptcy rules permitting discharge of obligations - may further undermine the practical utility of the social efficiency model of tort. The final …


The Constitutionality Of Punitive Damages Under The Excessive Fines Clause Of The Eighth Amendment, Andrew M. Kenefick Jun 1987

The Constitutionality Of Punitive Damages Under The Excessive Fines Clause Of The Eighth Amendment, Andrew M. Kenefick

Michigan Law Review

This Note explores whether courts should look beyond the broad language in Ingraham v. Wright and scrutinize punitive damages under the excessive fines clause. Part I sets out the intuitive argument that punitive damages are analogous to criminal fines. Part II analyzes the Supreme Court's decision in Ingraham v. Wright and also reviews the few federal and state court decisions that have dealt with the excessive fines clause in civil cases, most of which have concluded that the clause has no application in a civil setting. This Part asserts that courts cannot rely solely on the Ingraham decision but must …


A Proposal To Cap Tort Liability: Avoiding The Pitfalls Of Heightened Rationality, Richard S. Kuhl Jun 1987

A Proposal To Cap Tort Liability: Avoiding The Pitfalls Of Heightened Rationality, Richard S. Kuhl

University of Michigan Journal of Law Reform

This Note sets forth a model statute that limits high damage awards, yet will withstand the rigors of judicial scrutiny. After presenting a brief background of the medical malpractice crisis in Part I, Part II outlines the standards of equal protection review that the courts are presently using. The Note then focuses on the constitutional challenges to caps on medical malpractice liability in Part III. Part IV discusses the values and interests that were found to be dispositive in the courts' decisions. Finally, after analyzing the criteria that must be met to ensure that a legislative limitation will survive judicial …


Medical Maloccurrence Insurance: A First Party No-Fault Insurance Proposal For Resolving The Medical Malpractice Insurance Controversy, Larry M. Pollack Jun 1987

Medical Maloccurrence Insurance: A First Party No-Fault Insurance Proposal For Resolving The Medical Malpractice Insurance Controversy, Larry M. Pollack

University of Michigan Journal of Law Reform

Part I of this Note examines the broad, underlying themes of tort theory and argues that, in general, the tort system's primary responsibility should be compensation, rather than deterrence of risk taking. In so far as the production of goods and services causes injury, such losses should be shared and spread as widely and proportionately as possible. Part II discusses the history and nature of the medical malpractice insurance crisis. Part III evaluates the numerous systemic solutions suggested by various commentators. Finally, Part IV proposes a new solution: first party, no-fault medical maloccurrence insurance (MMI).


Road Signs And The Goals Of Justice, Joseph Sanders May 1987

Road Signs And The Goals Of Justice, Joseph Sanders

Michigan Law Review

Review of Ideals, Beliefs, Attitudes, and the Law: Private Law Perspectives on a Public Law Problem by Guido Calabresi


Apocalypse Now?, Richard L. Marcus May 1987

Apocalypse Now?, Richard L. Marcus

Michigan Law Review

A Review of Agent Orange on Trial: Mass Toxic Disasters in the Courts by Peter H. Schuck


Asbestos And The Dalkon Shield: Corporate America On Trial, Joseph A. Page May 1987

Asbestos And The Dalkon Shield: Corporate America On Trial, Joseph A. Page

Michigan Law Review

A Review of At Any Cost: Corporate Greed, Women, and the Dalkon Shield by Morton Mintz and Outrageous Misconduct: The Asbestos Industry on Trial by Paul Brodeur


By What Measure: The Issue Of Damages For Wrongful Pregnancy, Ada F. Most Apr 1986

By What Measure: The Issue Of Damages For Wrongful Pregnancy, Ada F. Most

North Carolina Central Law Review

No abstract provided.


Strategic Bankruptcies: Class Actions, Classification & The Dalkon Shield Cases, Sharon Youdelman Jan 1986

Strategic Bankruptcies: Class Actions, Classification & The Dalkon Shield Cases, Sharon Youdelman

Cardozo Law Review

No abstract provided.


Unlimitation Of Liability: Vessel Owners And The Bareboat Charter After Baker V. Raymond International, Inc., Victoria M. Bald Jan 1986

Unlimitation Of Liability: Vessel Owners And The Bareboat Charter After Baker V. Raymond International, Inc., Victoria M. Bald

Cardozo Law Review

No abstract provided.


Miotke V. City Of Spokane: Nuisance Or Inverse Condemnation—Theories For Government Environmental Liability, Gary L. Baker Jan 1986

Miotke V. City Of Spokane: Nuisance Or Inverse Condemnation—Theories For Government Environmental Liability, Gary L. Baker

Seattle University Law Review

A recent decision by the Washington State Supreme Court, Miotke v. City of Spokane, may broadly affect the right to and type of recovery that will be available to persons whose property rights are infringed either by an agent of the state or by private parties. Miotke involved the dumping of untreated sewage into a river, with the sewage flowing into a lake and interfering with lakefront property owners' enjoyment of their property. The court in Miotke faced a set of claims in property, tort, and state environmental law. The court recognized the significance of its decision and the …


Midgett V. Sackett-Chicago, Inc.: The Short-Sighted Use Of State Remedies To Protect Union Employees From Retaliatory Discharge, 18 J. Marshall L. Rev. 565 (1985), Benjamin P. Hyink, Lawrence M. Liebman Jan 1985

Midgett V. Sackett-Chicago, Inc.: The Short-Sighted Use Of State Remedies To Protect Union Employees From Retaliatory Discharge, 18 J. Marshall L. Rev. 565 (1985), Benjamin P. Hyink, Lawrence M. Liebman

UIC Law Review

No abstract provided.


Tender Offer Litigation And State Law, Mark J. Loewenstein Jan 1985

Tender Offer Litigation And State Law, Mark J. Loewenstein

Publications

The recent spate of hostile takeover battles has focused attention and criticism on the federal securities laws. Most claims of defeated offerors and disappointed shareholders have been based on sections 14(e) and 10(b) of the Securities Exchange Act of 1934. The United States Supreme Court, however, has limited such federal remedies and suggested that plaintiffs bring state-law actions for interference with a prospective economic advantage. Professor Loewenstein discusses this tort, which has not been used widely in this context, and reviews the tort's traditional elements, its formulation in the Restatement (Second) of Torts, and its recent treatment by state courts. …