Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (19)
- Entertainment, Arts, and Sports Law (15)
- Environmental Law (15)
- Evidence (15)
- Legal Remedies (12)
-
- Legislation (11)
- Civil Procedure (10)
- Health Law and Policy (10)
- Administrative Law (9)
- Courts (9)
- First Amendment (8)
- Insurance Law (8)
- Litigation (8)
- Medical Jurisprudence (8)
- Contracts (7)
- Law and Society (7)
- Public Law and Legal Theory (7)
- State and Local Government Law (7)
- Conflict of Laws (6)
- Judges (6)
- Civil Law (5)
- Consumer Protection Law (5)
- Family Law (5)
- Jurisdiction (5)
- Jurisprudence (5)
- Law and Psychology (5)
- Law and Race (5)
- Other Law (5)
- Keyword
-
- Torts (39)
- Negligence (30)
- Personal Injuries (12)
- Product liability (11)
- Damages (10)
-
- Evidence (10)
- Products Liability (9)
- Absolute Liability (7)
- Comparative Negligence (6)
- Libel & slander (6)
- Constitutional Law (5)
- Damages (Law) (5)
- Tort (5)
- Toxic torts (5)
- Defamation (4)
- Exclusive & concurrent legislative powers (4)
- Expert (4)
- First Amendment (4)
- Legal theory (4)
- Legislation (4)
- Liability (4)
- Liability for emotional distress (4)
- Medical Jurisprudence (4)
- Strict liability (4)
- Comparative negligence (3)
- Compensation (3)
- Insurance (3)
- Law reform (3)
- Limitation of actions (3)
- Private law (3)
- Publication Year
- Publication
- Publication Type
Articles 31 - 60 of 194
Full-Text Articles in Torts
Warning! Barracudas May Bite: Third Circuit Puts "Teeth" In The Ftca's Discretionary Function Exception Analysis, Lauren P. Deluca
Warning! Barracudas May Bite: Third Circuit Puts "Teeth" In The Ftca's Discretionary Function Exception Analysis, Lauren P. Deluca
Villanova Law Review (1956 - )
No abstract provided.
Who Let The Dogs Out: Should A Stadium Owner Be Held Liable For Injuries Sustained From A Mascot's Errant Hot Dog Toss?, Joshua D. Winneker, David Gargone, Sam C. Ehrlich
Who Let The Dogs Out: Should A Stadium Owner Be Held Liable For Injuries Sustained From A Mascot's Errant Hot Dog Toss?, Joshua D. Winneker, David Gargone, Sam C. Ehrlich
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
2013 Jeffrey S. Moorad Sports Law Journal Symposium: "Concussion Conundrum", Marc Edelman, Michael Marino, Cailyn Reilly, Gordon Cooney
2013 Jeffrey S. Moorad Sports Law Journal Symposium: "Concussion Conundrum", Marc Edelman, Michael Marino, Cailyn Reilly, Gordon Cooney
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Where Is Concussion Litigation Headed? The Impact Of Riddell, Inc. V. Schutt Sports, Inc. On Brain Injury Law, Cailyn Reilly
Where Is Concussion Litigation Headed? The Impact Of Riddell, Inc. V. Schutt Sports, Inc. On Brain Injury Law, Cailyn Reilly
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Showing On-Field Racism The Red Card: How The Use Of Tort Law And Vicarious Liability Can Save The Mls From Joining The English Premier League On Racism Row, Joseph B. Kenney
Showing On-Field Racism The Red Card: How The Use Of Tort Law And Vicarious Liability Can Save The Mls From Joining The English Premier League On Racism Row, Joseph B. Kenney
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Still Solvent: The Third Circuit Continues To Support "Deepening Insolvency" As A Viable Tort Claim In In Re Lemington Home For The Aged, Eric Kim
Villanova Law Review (1956 - )
No abstract provided.
Rescuing The Dignitary Torts From The Constitution, Cristina Carmody Tilley
Rescuing The Dignitary Torts From The Constitution, Cristina Carmody Tilley
Faculty Publications
The rights of individuals to recover for dignitary torts has been withering for the past forty years, since the Supreme Court constitutionalized the state common law tort of defamation in New York Times v. Sullivan in 1964. The Court announced in that case that the First Amendment required it to impose high standards for individual defamation claims in order to protect robust speech. As that principle has taken hold, it has in effect squeezed the rights of individuals to recover for invasion of privacy and intentional infliction of emotional distress as well as defamation. Just last Term, the Court held …
It's (Not) Bad, It's (Not) Bad, You Know It: The Growing Acceptance Of The Fake Bad Scale, Stephen R. Chuk
It's (Not) Bad, It's (Not) Bad, You Know It: The Growing Acceptance Of The Fake Bad Scale, Stephen R. Chuk
Villanova Law Review (1956 - )
No abstract provided.
Working Without A Net: The Third Circuit Juggles Skepticism And Deference Inside The Ring Of Products Liability Experts After The Daubert Trilogy In Pineda V. Ford Motor Co. & (And) Calhoun V. Yamaha Corp., Jennifer E. Burke
Villanova Law Review (1956 - )
No abstract provided.
Calling It A Leg Doesn't Make It A Leg: Doctors, Lawyers And Tort Reform, Ellen Wertheimer
Calling It A Leg Doesn't Make It A Leg: Doctors, Lawyers And Tort Reform, Ellen Wertheimer
Working Paper Series
It has long been a truism that doctors hate lawyers. This article explores some of the reasons for this phenomenon, as well as some areas for reform that might help to promote a better relationship between the professions.
Secrecy In The Courts: At The Tipping Point, Joseph F. Anderson Jr.
Secrecy In The Courts: At The Tipping Point, Joseph F. Anderson Jr.
Villanova Law Review (1956 - )
No abstract provided.
Which Comes First In Federal Court, The Chicken Or The Baby Chicks: The Unavailability Of Federal Remedies For Spousal Consortium Claims Under 42 U.S.C. Section 1983, Michelle N. Ferreri
Which Comes First In Federal Court, The Chicken Or The Baby Chicks: The Unavailability Of Federal Remedies For Spousal Consortium Claims Under 42 U.S.C. Section 1983, Michelle N. Ferreri
Villanova Law Review (1956 - )
No abstract provided.
The Doubtful Validity Of Victim-Specific Libel Laws, Nat Stern
The Doubtful Validity Of Victim-Specific Libel Laws, Nat Stern
Villanova Law Review (1956 - )
No abstract provided.
Cleaning Up Disaster Or Making More - A Look At Avenues Of Relief For Those Devastated By The Clean-Up Efforts Of Hurricane Katrina, Samatha Turino
Cleaning Up Disaster Or Making More - A Look At Avenues Of Relief For Those Devastated By The Clean-Up Efforts Of Hurricane Katrina, Samatha Turino
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Of Apples And Trees: Adoption And Informed Consent, Ellen Wertheimer
Of Apples And Trees: Adoption And Informed Consent, Ellen Wertheimer
Working Paper Series
This article argues that the doctrine of informed consent should apply to the process of adopting a child. There is substantial evidence that all adopted children are at higher risk of learning disabilities and mental health problems than nonadopted children. The article first summarizes the social science evidence demonstrating these risks and discusses some of the reasons why more extensive studies have not yet been done. The article then turns to the law of informed consent as created and applied in the contexts of medicine and law, and concludes that informed consent doctrine should apply to the process of adoption. …
The Tort Duty Of Parents To Protect Minor Children, Vincent R. Johnson, Claire G. Hargrove
The Tort Duty Of Parents To Protect Minor Children, Vincent R. Johnson, Claire G. Hargrove
Villanova Law Review (1956 - )
No abstract provided.
Deliberate Indifference Or Not: That Is The Question In The Third Circuit Jail Suicide Case Of Woloszyn V. Lawrence County, Shevon I. Scarafile
Deliberate Indifference Or Not: That Is The Question In The Third Circuit Jail Suicide Case Of Woloszyn V. Lawrence County, Shevon I. Scarafile
Villanova Law Review (1956 - )
No abstract provided.
The Biter Bit: Unknowable Dangers, The Third Restatement, And The Reinstatement Of Liability Without Fault, Ellen Wertheimer
The Biter Bit: Unknowable Dangers, The Third Restatement, And The Reinstatement Of Liability Without Fault, Ellen Wertheimer
Working Paper Series
This article argues that the Third Restatement of Products Liability, far from accomplishing its goal of eliminating strict liability for products, actually caused its revival. Prior to the adoption of the Third Restatement, many jurisdictions had gradually retreated from the strict products liability of Section 402A of the Second Restatement of Torts. The Third Restatement caused the courts to confront their own incremental processes and, in refusing the adopt the Third Restatement, to reinstate Section 402A of the Second Restatement in a much purer form.
Strictly Speaking About Ephedra: A Baseball Tragedy Helping To Define The Dynamic Between Warning Defect And Design Defect, Michael Kane
Strictly Speaking About Ephedra: A Baseball Tragedy Helping To Define The Dynamic Between Warning Defect And Design Defect, Michael Kane
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven L. Chanenson, John Y. Gotanda
The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven L. Chanenson, John Y. Gotanda
Working Paper Series
In light of increasing punitive damages awards, the United States Supreme Court formulated criteria for evaluating whether a punitive damages award is so unreasonably large that it violates substantive due process. Unfortunately, these "guideposts," which were first erected in BMW v. Gore and applied last term in State Farm v. Campbell, are difficult to use and have resulted in inconsistent decisions. Indeed, Justice Scalia stated that they "mark a road to nowhere." The authors argue that the problems with the guideposts can be fixed by refining the third guidepost, which compares the punitive damages award to the criminal (or civil) …
The Tick Of The Statute Of Limitations Clock: How The Frcd Preempts The State Law Accrual Date In Freier V. Westinghouse Electric Corporation, Karen S. Nabholz
The Tick Of The Statute Of Limitations Clock: How The Frcd Preempts The State Law Accrual Date In Freier V. Westinghouse Electric Corporation, Karen S. Nabholz
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Increasing The Inherent Risks Of Baseball: Liability For Injuries Associated With High-Performance Non-Wood Bats In Sanchez V. Hillerich & (And) Bradsby Co., Amanda M. Winfree
Increasing The Inherent Risks Of Baseball: Liability For Injuries Associated With High-Performance Non-Wood Bats In Sanchez V. Hillerich & (And) Bradsby Co., Amanda M. Winfree
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Legal Protection For Conversational And Communication Privacy In Family, Marriage And Domestic Disputes: An Examination Federal And State Wiretap And Stored Communications Acts And The Common Law Privacy Intrusion Tort, Richard C. Turkington
Working Paper Series
In the article I examine the legality of the not uncommon practice of surreptitiously recording telephone conversations, videotaping activities and accessing e-mail or voicemail communications by parties in domestic disputes. First, I examine the important values that are implicated by such activities. These values include conversation, communication and physical privacy. Conversation (and communication) privacy are valued on both intrinsic and instrumentalist grounds. These values run into countervailing values in domestic conflict cases. These include parental autonomy in child rearing and the best interests of the child. I argue that the pervasiveness of electronic surveillance and the emerging tradition in our …
Constructing Products Liability: Reforms In Theory And Procedure, Frank J. Vandall
Constructing Products Liability: Reforms In Theory And Procedure, Frank J. Vandall
Villanova Law Review (1956 - )
No abstract provided.
An Analysis Of Brown V. National Football League, Darryll M. Halcomb Lewis
An Analysis Of Brown V. National Football League, Darryll M. Halcomb Lewis
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Icing On The Cake: Allowing Amateur Athletic Promoters To Escape Liability In Mohney V. Usa Hockey, Inc., Mark Seiberling
Icing On The Cake: Allowing Amateur Athletic Promoters To Escape Liability In Mohney V. Usa Hockey, Inc., Mark Seiberling
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Man's Best Friend: Property Or Family Member - An Examination Of The Legal Classification Of Companion Animals And Its Impact On Damages Recoverable For Their Wrongful Death Or Injury, William C. Root
Villanova Law Review (1956 - )
No abstract provided.
Lessons From Abroad: Complexity And Convergence, Linda S. Mullenix
Lessons From Abroad: Complexity And Convergence, Linda S. Mullenix
Villanova Law Review (1956 - )
No abstract provided.
The Bitter Pill Of Empiricism: Health Maintenance Organizations, Informed Consent And The Reasonable Psychotherapist Standard Of Care, Geoffrey R. Marczyk, Ellen Wertheimer
The Bitter Pill Of Empiricism: Health Maintenance Organizations, Informed Consent And The Reasonable Psychotherapist Standard Of Care, Geoffrey R. Marczyk, Ellen Wertheimer
Villanova Law Review (1956 - )
No abstract provided.
More Than Just Bad Blood: Reasonably Assessing Fear Of Aids Claims, Alexander Santee
More Than Just Bad Blood: Reasonably Assessing Fear Of Aids Claims, Alexander Santee
Villanova Law Review (1956 - )
No abstract provided.