Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (189)
- Universitas Indonesia (121)
- University of Michigan Law School (58)
- University of Colorado Law School (30)
- Yeshiva University, Cardozo School of Law (20)
-
- UIC School of Law (17)
- Pepperdine University (14)
- University of Georgia School of Law (12)
- University of Richmond (11)
- Touro University Jacob D. Fuchsberg Law Center (10)
- Cornell University Law School (9)
- Villanova University Charles Widger School of Law (9)
- BLR (8)
- University of Maine School of Law (8)
- Georgetown University Law Center (7)
- Maurer School of Law: Indiana University (7)
- Northwestern Pritzker School of Law (7)
- Brooklyn Law School (5)
- Schulich School of Law, Dalhousie University (5)
- Fordham Law School (4)
- Roger Williams University (4)
- University of Cincinnati College of Law (4)
- Penn State Dickinson Law (3)
- Texas A&M University School of Law (3)
- The Catholic University of America, Columbus School of Law (3)
- University of Missouri-Kansas City School of Law (3)
- Vanderbilt University Law School (3)
- Washington and Lee University School of Law (3)
- West Virginia University (3)
- William & Mary Law School (3)
- Keyword
-
- Courts (33)
- Torts (31)
- Negligence (25)
- Law (17)
- Damages (16)
-
- Liability (16)
- Congress (15)
- Federalism (13)
- Remedies (13)
- Climate change (12)
- Jurisdiction (12)
- Litigation (12)
- Supreme Court (12)
- Constitutional law (11)
- Federal courts (11)
- Legislation (11)
- Regulation (11)
- Tort (11)
- Compensation (10)
- Corporations (10)
- Mining (10)
- Natural resources law (10)
- U.S. Forest Service (10)
- BLM (9)
- California (9)
- Constitution (9)
- Judges (9)
- Politics (9)
- Public lands (9)
- U.S. Bureau of Land Management (9)
- Publication Year
- Publication
-
- Seattle University Law Review (189)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Michigan Law Review (36)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (28)
- UIC Law Review (16)
-
- Articles (15)
- Faculty Scholarship (11)
- Cardozo Law Review (10)
- Pepperdine Law Review (10)
- Cornell Law Faculty Publications (9)
- Touro Law Review (9)
- University of Richmond Law Review (9)
- ExpressO (8)
- Georgetown Law Faculty Publications and Other Works (7)
- Maine Law Review (7)
- Villanova Environmental Law Journal (1991 - ) (7)
- Georgia Journal of International & Comparative Law (4)
- Georgia Law Review (4)
- Indiana Law Journal (4)
- Northwestern University Law Review (4)
- Pepperdine Dispute Resolution Law Journal (4)
- Scholarly Works (4)
- University of Cincinnati Law Review (4)
- University of Michigan Journal of Law Reform (4)
- Articles by Maurer Faculty (3)
- Articles, Book Chapters, & Popular Press (3)
- Cardozo Arts & Entertainment Law Journal (3)
- Dickinson Law Review (2017-Present) (3)
- Faculty Publications (3)
- Faculty Working Papers (3)
- Publication Type
Articles 541 - 570 of 623
Full-Text Articles in Torts
The Georgia Jury And Negligence: The View From The (Federal) Bench, R. Perry Sentell Jr.
The Georgia Jury And Negligence: The View From The (Federal) Bench, R. Perry Sentell Jr.
Scholarly Works
This is the second part of a two-part inquiry into the quality of jury performance in Georgia negligence cases. Evaluation begins from within. That is an especially prominent truth in respect to the trial of negligence cases. The lay-professional partnership composing the civil trial system is unique. the professional's continuity provides a point of perfect perspective on the transient lay component--both its capacity and its performance. If the professional will share that perspective, it can structure a benchmark for foundational appraisal. To their great credit, the state and federal trial judges of Georgia are unstinting in assisting to construct that …
The Asbestos Litigation Crisis: Is There A Need For An Administrative Alternative?, Lester Brickman
The Asbestos Litigation Crisis: Is There A Need For An Administrative Alternative?, Lester Brickman
Cardozo Law Review
No abstract provided.
Litigation & Inequality: Federal Diversity Jurisdiction In Industrial America, 1870–1958, Edward A. Purcell Jr.
Litigation & Inequality: Federal Diversity Jurisdiction In Industrial America, 1870–1958, Edward A. Purcell Jr.
Books
Through the prism of litigation practice and tactics, Purcell explores the dynamic relationship between legal and social change. He studies changing litigation patterns in suits between individuals and national corporations over tort claims for personal injuries and contract claims for insurance benefits. Purcell refines the "progressive" claim that the federal courts favored business enterprise during this time, identifying specific manners and times in which the federal courts reached decisions both in favor of and against national corporations. He also identifies 1892-1908 as a critical period in the evolution of the twentieth century federal judicial system.
Meta-Evidence: Do We Need It?, Christopher B. Mueller
Meta-Evidence: Do We Need It?, Christopher B. Mueller
Publications
No abstract provided.
Judicial Reliance On Public Policy: An Empirical Analysis Of Products Liability Decisions, James A. Henderson Jr.
Judicial Reliance On Public Policy: An Empirical Analysis Of Products Liability Decisions, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
The Evolving Jurisprudence Of Toxic Torts: The Prognosis For Corporations, Allan Kanner
The Evolving Jurisprudence Of Toxic Torts: The Prognosis For Corporations, Allan Kanner
Cardozo Law Review
No abstract provided.
Historical Study Of Personal Injury Litigation: A Comment On Method, Thomas D. Russell
Historical Study Of Personal Injury Litigation: A Comment On Method, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
In this piece, Russell argues in favor of archival work in the trial-court records rather than appellate court reports in order to gain a more accurate historical view.
Privity, Products Liability, And Ucc Warranties: A Retrospect Of And Prospects For Illinois Commercial Code 2-318, 25 J. Marshall L. Rev. 177 (1991), Steven Bonanno
UIC Law Review
No abstract provided.
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
Liability for a manufacturer's failure to warn of product-related risks is a well-established feature of modern products liability law. Yet many serious doctrinal and conceptual problems underlie these claims. Professors Henderson and Twerski explore these problems and argue that failure-to-warn jurisprudence is confused, perhaps irreparably, and that this confusion often results in the imposition of excessive liability on manufacturers. The authors begin by exposing basic errors resulting from courts' confusion over whether to apply a strict liability or a negligence standard of care in failure-to-warn cases. Having determined that negligence is the appropriate standard, they then examine more substantial and …
The Doctrine Of In Loco Parentis, Tort Liability And The Student-College Relationship, Theodore C. Stamatakos
The Doctrine Of In Loco Parentis, Tort Liability And The Student-College Relationship, Theodore C. Stamatakos
Indiana Law Journal
No abstract provided.
Construction On The Road To Recovery: New York Limits Loss Of Enjoyment Of Life, Bonnie Sue Goodman
Construction On The Road To Recovery: New York Limits Loss Of Enjoyment Of Life, Bonnie Sue Goodman
Touro Law Review
No abstract provided.
Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson
Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson
Touro Law Review
No abstract provided.
Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski
Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski
Faculty Scholarship
A century ago Oliver Wendell Holmes, Jr., examined the history of negligence in search of a general theory of tort. He concluded that from the earliest times in England, the basis of tort liability was fault, or the failure to exercise due care. Liability for an injury to another arose whenever the defendant failed "to use such care as a prudent man would use under the circumstances.” A decade ago Morton J. Horwitz reexamined the history of negligence for the same purpose and concluded that negligence was not originally understood as carelessness or fault. Rather, negligence meant "neglect or failure …
Continental Insurance Companies V. Northeastern Pharmaceutical & (And) Chemical Company: Cleanup Costs Are Not Damages Under A Standard Liability Policy, 22 J. Marshall L. Rev. 703 (1989), Michael J. Holt
UIC Law Review
No abstract provided.
Dralle V. Ruder: Did The Decision Close The Book On Recovery For Society And Companionship In Illinois Or Just Turn The Page, 22 J. Marshall L. Rev. 721 (1989), Frank I. Powers
UIC Law Review
No abstract provided.
The Full Court Press: Sacrificing Vital Privacy Interests On The Altar Of First Amendment Rhetoric, Irwin R. Kramer
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.
The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam
The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam
Articles
No abstract provided.
United States V. Johnson: The Supreme Court Extends The Feres Doctrine Bar To Ftca Recovery Against Non-Military Tortfeasors, 22 J. Marshall L. Rev. 199 (1988), Susan Beaupre Lindholm
United States V. Johnson: The Supreme Court Extends The Feres Doctrine Bar To Ftca Recovery Against Non-Military Tortfeasors, 22 J. Marshall L. Rev. 199 (1988), Susan Beaupre Lindholm
UIC Law Review
No abstract provided.
The Alien Tort Statute: International Human Rights Watchdog Or Simply Historical Trivia, 21 J. Marshall L. Rev. 341 (1988), Debra A. Harvey
The Alien Tort Statute: International Human Rights Watchdog Or Simply Historical Trivia, 21 J. Marshall L. Rev. 341 (1988), Debra A. Harvey
UIC Law Review
No abstract provided.
A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine
A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine
Articles
In this paper, I shall briefly review the nature and limitations of the theories most frequently invoked by the courts in dealing with wrongful dismissal. I shall then examine the major arguments for and against a general overhaul of the doctrine of employment at will. Lastly, I shall discuss some of the particular questions that will have to be addressed in fashioning a statutory solution.
State Of The Art Evidence Under Ohio Strict Products Liability Law, Chris L. Hurlbut
State Of The Art Evidence Under Ohio Strict Products Liability Law, Chris L. Hurlbut
Cleveland State Law Review
While the evolution of strict products liability has not generated as much jurisprudence in Ohio as it has in other states, the Ohio law that has evolved clearly reflects the national confusion. Frequently, the confusion both nationally and in Ohio results from the courts' failure to adequately separate the many issues that arise in a strict products liability action. The purpose of this Note is to focus on one narrow issue in Ohio strict products liability law-the admissibility of state of the art evidence. The Ohio Supreme Court has never addressed this question, and other jurisdictions are split on the …
Tort Litigation And Social Change: Accidents And Trial Court Litigation In West Virginia, 1870-1940, Frank W. Munger
Tort Litigation And Social Change: Accidents And Trial Court Litigation In West Virginia, 1870-1940, Frank W. Munger
Articles & Chapters
No abstract provided.
The Constitutionality Of Punitive Damages Under The Excessive Fines Clause Of The Eighth Amendment, Andrew M. Kenefick
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 …
Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.
Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Substantive Policies And Choice Of Law, Willis L. M. Reese
Substantive Policies And Choice Of Law, Willis L. M. Reese
Touro Law Review
No abstract provided.
Strategic Bankruptcies: Class Actions, Classification & The Dalkon Shield Cases, Sharon Youdelman
Strategic Bankruptcies: Class Actions, Classification & The Dalkon Shield Cases, Sharon Youdelman
Cardozo Law Review
No abstract provided.
Allen V. The United States Of America: The “Substantial” Connection Between Nuclear Fallout And Cancer, Daniel Swartzman, Tom Christoffel
Allen V. The United States Of America: The “Substantial” Connection Between Nuclear Fallout And Cancer, Daniel Swartzman, Tom Christoffel
Touro Law Review
No abstract provided.
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.
Cancer And Toxic Substances: The Problem Of Causation And The Use Of Epidemiology, Junius C. Mcelveen Jr., Pamela S. Eddy
Cancer And Toxic Substances: The Problem Of Causation And The Use Of Epidemiology, Junius C. Mcelveen Jr., Pamela S. Eddy
Cleveland State Law Review
This article seeks to illuminate the difficulties in finding causation between cancer development and toxic substances. Section II gives a brief history of cancer in society as well as an introduction to the biological cancer mechanism, and highlights our general lack of knowledge about cancer. Section III takes a brief look at some occupations and environmental factors that have been suggested causes of cancer. Section IV discusses in depth the problems with establishing association between toxic substances and cancer, especially in establishing causal significance. Section V analyzes how the epidemiology of disease and toxic substances is treated by courts. Section …
The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins
The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins
Cardozo Law Review
No abstract provided.