Torts Commons^™

Government Responsibility For Constitutional Torts, Christina B. Whitman

Articles

This essay is about the language used to decide when governments should be held responsible for constitutional torts.' Debate about what is required of government officials, and what is required of government itself, is scarcely new. What is new, at least to American jurisprudence, is litigation against government units (rather than government officials) for constitutional injuries. 2 The extension of liability to institutional defendants introduces special problems for the language of responsibility. In a suit against an individual official it is easy to describe the wrong as the consequence of individual behavior that is inconsistent with community norms; the language …

United States V. Johnson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Observations On Personal Injury Law, Stephen J. Werber

Law Faculty Articles and Essays

When I originally came to Ohio in 1970, I was surprised to find that the Ohio state courts lagged considerably behind other states in the development of personal injury law and especially product liability law. Under the leadership of Chief Justice Frank Celebrezze, the court's position was re-oriented. With decisions adopting and liberally defining strict liability, the court took a major step. Shortly thereafter, the court ruled that neither the Ohio Constitution nor any Ohio legislation insulated an employer from liability to employees for intentional torts. These, and other changes, have moved Ohio to the forefront of legal development in …

Celebrities And The First Amendment: Broader Protection Against The Unauthorized Publication Of Photographs, D. Scott Gurney

Indiana Law Journal

No abstract provided.

Respect For Law & Man: The Tort Law Of Chief Justice Kenison, David G. Owen

Faculty Publications

No abstract provided.

The Necessary Complement To Mandatory Immunizations: A National Vaccination Compensation Program, Barbara J. Connolly

Cardozo Law Review

No abstract provided.

Abusing The Patient: Medicare Fraud And Abuse And Hospital-Physician Incentive Plans, Kathryn A. Krecke

University of Michigan Journal of Law Reform

Part I provides a background discussion of the PPS, DRGs, and incentive plans. Part II focuses on the fraud and abuse provisions of the Medicare statute and argues that incentive plans violate the plain language · of the statute, which prohibits any knowing and willful remuneration for the inducement of referrals. Part III concentrates on the fraudulent and abusive practices that incentive plans encourage. The plans frustrate legislative intent because they encourage practices that subvert the cost-containment purposes of the PPS and have an adverse effect on patient care.

The Past And Future Of Constitutional Torts: From Statutory Interpretation To Common Law Rules, Michael L. Wells

Scholarly Works

The cause of action for damages to redress violations of constitutional rights is now firmly established in our law. As recently as 1960, such constitutional tort suits were rare and attracted little attention from scholars. Today, they are a major part of the work of the federal courts and the academic literature is constantly growing. This change can be partly attributed to the expansion of constitutional rights in the 1960s and 1970s, and partly to the 1961 case of Monroe v. Pape. In Monroe, the Supreme Court revived a long-neglected, ninety-year-old statute, 42 U.S.C. 1983, making it the …

Beyond Bradley: A Critique Of Comparative Contribution In West Virginia And Proposals For Legislative Reform, James B. Stoneking

West Virginia Law Review

No abstract provided.

Liability Of A Public Officer For Nonfeasance Under 42 U.S.C. § 1983

Washington and Lee Law Review

No abstract provided.

Guest Statute Applicability To Motor Driven Golf Carts

Washington and Lee Law Review

No abstract provided.

Ammunition For Victims Of Saturday Night Specials: Manufacturer Liability Under Kelley V. R.G. Industries, Inc

Washington and Lee Law Review

No abstract provided.

Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck

West Virginia Law Review

No abstract provided.

Draft Of The Intent In Private Tort Law - 1986, Wendy J. Gordon

Scholarship Chronologically

These points can be best understood by bifurcating "intent" into its two components: state of mind (advertence) and the object to which the defendant's state of mind is directed.

Draft Of Justice Rehnquist's Commitment To The Court And Its Implications - 1986, Wendy J. Gordon

Scholarship Chronologically

This Article will analyze the course to which Rehnquist seems to have committed the court, and examine its implications. Rehnquist starts with a notion of deliberateness (a federal concept that he draws out of the notion of deprivation) On its face, this seems to call for a new federal common law of torts.

Draft Of The Constitutionalization Of Intentional Torts - 1986, Wendy J. Gordon

Scholarship Chronologically

The Supreme Court has often faced the question of whether an individual who alleges that he has been injured by a state or local official or by a local governmental entity, can bring a constitutional tort action under section 1983 when state doctrines of sovereign or official immunity would make it impossible for the individual to prosecute an ordinary tort suit in the relevant state court. The Court has consistently held that when an official violates a substantive provision of the Constitution, only an immunity that is consistent with the purpose of section 1983 and the Consitution can be tolerated.

Draft Of The Incoherence Of Intentional Torts And Section 1983 - 1986, Wendy J. Gordon

Scholarship Chronologically

The Supreme Court has often faced the question of whether a person who alleges that a state or local official has caused him injury, can bring a constitutional tort action under section 1983 when the state doctrine of sovereign or official immunity makes it impossible for the injured person to prosecute an ordinary tort suit in the relevant state court.

No Pain—No Gain—Should Personal Injury Damages Keep Their Tax Exempt Status, Douglas K. Chapman

University of Arkansas at Little Rock Law Review

No abstract provided.

Intentional Infliction Of Emotional Distress By Spiritual Counselors: Can Outrageous Conduct Be "Free Exercise"?, Lee W. Brooks

Michigan Law Review

Part I explains the extent to which courts are competent to decide the threshold question of whether particular conduct is religious. Part II describes the balancing test put forward by the Supreme Court for evaluating free exercise claims, and derives criteria relevant to spiritual counseling from cases involving such claims. Part III summarizes the pertinent criteria and reviews the ways they may be employed to systematize the treatment of spiritual counseling cases.

Alternatives To Manufacturer Liability For Injuries Caused By The Sabin-Type Oral Polio Vaccines, Faye F. Spence

William & Mary Law Review

No abstract provided.

Chemical Industry Accidents, Liability, And Community Right To Know, Michael S. Baram

Faculty Scholarship

The Bhopal, India tragedy and other industrial accidents (e.g., Seveso, Flixborough, Mexico City, Institute, WV) have frightened the citizens of developed and undeveloped countries. These accidents, along with numerous hazardous waste problems, have led to a dramatic loss of public confidence in chemical industry management and their safety experts. The occurrence of such accidents also provides vivid evidence of the serious gap between government legislative promises and government performance in the actual control of industrial hazards.'

As a result, persons who believe they have been injured or put at risk by industry are now using tort law to secure private …

Lecture Material For Advanced Torts - 1986, Wendy J. Gordon

Scholarship Chronologically

This assumes. of course, the defendant wants a speedy trial and is not intentionally hindering the Government's attempt to provide one. That assumption may be open to question in this case. The majority points out that respondents' strategically timed demands (or a speedy trial run somewhat hollow in light of respondents; overall behavior during the litigation.

Keepers Of The Flame: Prosser And Keeton On The Law Of Torts, Craig Joyce

Vanderbilt Law Review

Rarely in the history of American legal education has one author's name been so clearly identified with his subject as the name of William L. Prosser is with the law of torts. Even today, fourteen years after his death in 1972, "Prosser on Torts" remains in the minds of students, teachers, the bench, and the bar alike a single thought, its parts indistinguishable one from the other. Indeed, the passage of time has done nothing to diminish the influence of the man on the subject. His articles remain landmarks in the development both of the literature of torts and of …

Enhanced Injury: A Direction For Washington, Stanton Phillip Beck

Washington Law Review

This Comment emphasizes automotive design. This is for two reasons. Most enhanced injury cases arise in this context, and, more significantly, no other product is associated with stronger public policy considerations nor affects society more broadly than the automobile. When faced with a case of first impression involving enhanced injury, courts can and should draw from many sources in developing an approach to the apportionment problem. First, the courts should look to the treatment enhanced injury cases have received in other jurisdictions. Second, they should seek guidance and analogize, if possible, from established tort doctrines. Finally, and most importantly, they …

Bad Faith Breach Of Contract: Should This Infant Tort Be Allowed To Grow In North Carolina, Darrell Pope

North Carolina Central Law Review

No abstract provided.

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

North Carolina Central Law Review

No abstract provided.

Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Tort Law Reform: Strict Liability And The Collateral Source Rule Do Not Mix, Victor E. Schwartz

Vanderbilt Law Review

The imposition of strict liability and the simultaneous application of the collateral source rule to innocent defendants represent unfair and unsound public policy. Strict liability and the collateral source rule should not be mixed; nevertheless, our courts inadvertently blend them. A fundamental reform that would help stabilize the American tort law system is to abolish the collateral source rule in to whenever a claimant relies on a strict liability theory.The collateral source rule is appropriate only when a claimant proves that the defendant was at fault in causing an injury. There is a broad view in the United States that …

The Des Manufacturer Identification Problem: A Florida Public Policy Approach, John J. Grundhauser

University of Miami Law Review

No abstract provided.

A Framework For Determining Liability For Negligently Caused Economic Losses, Carl Belliston

BYU Law Review

No abstract provided.