Legal Remedies Commons^™

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 …

A Human Rights Exception To Sovereign Immunity: Some Thoughts On Princz V. Federal Republic Of Germany, Mathias Reimann

Michigan Journal of International Law

Though narrow in scope, this article is emphatic in its message. It is time to deny immunity to foreign sovereigns for torture, genocide, or enslavement, at least when they are sued by Americans in American courts. Such a denial would be consonant with two developments that have marked international law since World War II: the restriction of sovereign immunity and the expansion of human rights protection.

Sovereign Immunity And Violations Of International Jus Cogens - Some Critical Remarks, Andreas Zimmermann

Michigan Journal of International Law

The scope of this article, like the one to which it responds, is limited. It does not purport to resolve any question relating to the municipal law of the United States, such as the interpretation of the Foreign Sovereign Immunities Act. Instead, it considers the problem from a purely international law perspective. Furthermore, it does not indulge in a complete description of attempts made by the Federal Republic of Germany to pay compensation - as far as feasible - for all the blatant human rights violations committed by Nazi Germany in the period 1933-1945.

Proverbial Practice: Legal Ethics From Old Testament Wisdom, Gordon J. Beggs

Law Faculty Articles and Essays

The Old Testament book of Proverbs supplied foundational moral values for our nation's legal ethics. With the adoption and revision of formal codes, moral teaching has virtually disappeared from legal ethics. This essay suggests that the wisdom of Proverbs offers a timely challenge to the character of the legal profession by advocating values which include justice, purity, mercy, humility, honesty, candor, truthful testimony, and civility.

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

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 …

Property Rules And Liability Rules: The Cathedral In Another Light, James E. Krier, Stewart J. Schwab

Articles

Ronald Coase's essay on "The Problem of Social Cost" introduced the world to transaction costs, and the introduction laid the foundation for an ongoing cottage industry in law and economics. And of all the law-and-economics scholarship built on Coase's insights, perhaps the most widely known and influential contribution has been Calabresi and Melamed's discussion of what they called "property rules" and "liability rules."' Those rules and the methodology behind them are our subjects here. We have a number of objectives, the most basic of which is to provide a much needed primer for those students, scholars, and lawyers who are …

Whose Dispute Is It Anyway? A Philosophical And Democratic Defense Of Settlement (In Some Cases), Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

I have often thought myself ill-suited to my chosen profession. I love to argue, but I am often too quick to say both, "yes, I see your point" and concede something to the "other side," and to say of my own arguments, "yes, but, it's not that simple." In short, I have trouble with polarized argument, debate, and the adversarialism that characterizes much of our work. Where others see black and white, I often see not just the "grey" but the purple and red-in short, the complexity of human issues that appear before the law for resolution.

In the last …

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.

Epstein And Levmore: Objections From The Right?, Emily Sherwin, Maimon Schwarzschild

Cornell Law Faculty Publications

No abstract provided.

Comment On Judge Joseph F. Weis, Jr., Service By Mail--Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman

Scholarly Articles

Not available.

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

Washington and Lee Law Review

No abstract provided.

Punitive Damages Awards In Product Liability Litigation: Strong Medicine Or Poison Pill - Introduction, Aaron D. Twerski

Villanova Law Review (1956 - )

No abstract provided.

Punitive Damages And Strict Products Liability: An Essay In Oxymoron, Ellen Wertheimer

Villanova Law Review (1956 - )

No abstract provided.

Mass Torts And Punitive Damages: A Comment, Gary T. Schwartz

Villanova Law Review (1956 - )

No abstract provided.

A Punitive Damages Overview: Functions, Problems And Reform, David G. Owen

Villanova Law Review (1956 - )

No abstract provided.

Multiple Punitive Damages Awards, Jerry J. Phillips

Villanova Law Review (1956 - )

No abstract provided.

Liability Insurance Coverage For Punitive Damages - Discerning Answers To The Conundrum Created By Disputes Involving Conflicting Public Policies, Pragmatic Considerations And Political Actions, Alan I. Widiss

Villanova Law Review (1956 - )

No abstract provided.

Punitive Damages - Addressing The Constitutionality Of Punitive Damages In The Third Circuit, Barbara J. Shander

Villanova Law Review (1956 - )

No abstract provided.

The Role Of The Copyright Office: An Introduction, Howard B. Abrams

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Comments To The Reporters And Selected Members Of The Consultative Group, Restatement Of Torts (Third): Products Liability, Howard C. Klemme

Publications

No abstract provided.

Legality, Standing And Substantive Review In Community Law, Paul Craig

Articles by Maurer Faculty

No abstract provided.

An Intent-Based Approach To The Acceptance Of Benefits Doctrine In The Federal Courts, Benson K. Friedman

Michigan Law Review

This Note discusses the question of when federal courts should allow a party who accepts payment of a judgment subsequently to appeal the deficiency of the award. Part I examines the discrepancies currently existing in the acceptance of benefits doctrine as applied by the federal courts. Part II analogizes this issue to the law of implied-in-fact contracts and argues that accepting the benefits of a judgment should not prevent an appeal unless circumstances clearly indicate a mutual intent to settle all claims and thereby terminate litigation. Part III contends that, under the doctrine expressed in Erie Railroad v. Tompkins, …

Nonrefundable Retainers Revisited, Lester Brickman, Lawrence A. Cunningham

Articles

Amidst widespread public attention to fee abuses, a court recently held for the first time that nonrefundable retainers violate professional ethics. The court in In re Cooperman essentially adopted the argument of Professors Brickman and Cunningham that nonrefundable retainers are against public policy because they impair a client's right to discharge his attorney at any time without penalty. Because declaring such agreements unethical is tantamount, in the eyes of the practicing bar, to declaring them void, In re Cooperman has sparked a national outcry from those who profit from enforcing nonrefundable retainers. In this Article, Professors Brickman and Cunningham analyze …

Collateral Sources Of Indemnity, Robert A. Henderson, Patrick F. Maroney

Florida State University Law Review

No abstract provided.

Fifra Preemption Of State Common Law Claims After Cipollone V. Liggett Group, Inc., R. David Allnutt

Washington Law Review

In Cipollone v. Liggett Group, Inc., the Supreme Court reaffirmed a narrow application of the federal preemption doctrine where preemption would prevent a state from exercising its police powers through the common law. Cipollone marks the latest in a line of Supreme Court decisions requiring courts to employ a presumption against preemption if congressional intent to preempt is not clear. Nevertheless, recent circuit court decisions have held that FIFRA preempts state common law claims against pesticide manufacturers. This Comment concludes that courts continuing to hold FIFRA preemptive of state common law both misinterpret congressional intent and misapply Cipollone.

Levy V. Mabat Building Ltd, Meir Shamgar, Dov Levin, Theodor Or

Translated Opinions

Facts: The appellants bought an apartment from the respondent. The apartment suffered from water penetration and the respondent failed to make effective repairs. After several years the appellants sued the respondent in the District Court for rescission of the contract, restitution of the purchase price and damages. The District Court found that the appellants were entitled to rescind the contract.

The main issue in the appeal was the ruling of the District Court that the appellants must pay the respondent a sum of $16,000 for use of the apartment during the years that they lived in it. The appellants argued …

Access To Legal Remedies: The Crisis In Family Law, Jane C. Murphy

Brigham Young University Journal of Public Law

No abstract provided.

Seqra’S Too Valuable To Trash: A Reply To Stewart Sterk, Philip Weinberg

Cardozo Law Review

No abstract provided.