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Articles 31 - 60 of 98
Full-Text Articles in Torts
Mining With Mr. Justice Holmes, E. F. Roberts
Mining With Mr. Justice Holmes, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
Mining With Mr. Justice Holmes, E. F. Roberts
Mining With Mr. Justice Holmes, E. F. Roberts
Vanderbilt Law Review
All of us are probably familiar with the notion that the owner of mineral rights may owe some duty of care to support the owner of the fee in his or her surface use of the land. This principle results in a binary system (the surface estate and the right of sup-port) that can be treated easily in tort law. In Pennsylvania the coal companies had owned vast areas of land. The companies had sold much of this land, reserving not only the coal, but "the right to. ..remove the same without incurring in any way liability for any damage …
The Tail Wags The Dog: Judicial Misinterpretation Of The Punitive Damages Ban In The Federal Tort Claims Act, Jeff L. Lewin
The Tail Wags The Dog: Judicial Misinterpretation Of The Punitive Damages Ban In The Federal Tort Claims Act, Jeff L. Lewin
William & Mary Law Review
No abstract provided.
Aircraft Crashworthiness: Should The Courts Set Standards?, Scott G. Lindvall
Aircraft Crashworthiness: Should The Courts Set Standards?, Scott G. Lindvall
William & Mary Law Review
No abstract provided.
Everton V. Willard, 468 So. 2d 936 (Fla. 1985), Donna Sessions Waters
Everton V. Willard, 468 So. 2d 936 (Fla. 1985), Donna Sessions Waters
Florida State University Law Review
Torts-SOVEREIGN IMMUNITY-THE FLORIDA SUPREME COURT DECIDES LAW ENFORCEMENT OFFICERS HAVE NO DUTY TO ARREST DRUNK DRIVERS
Kelley V. R.G. Industries, 497 A.2d 1143 (Md. 1985), Matthew S. Steffey
Kelley V. R.G. Industries, 497 A.2d 1143 (Md. 1985), Matthew S. Steffey
Florida State University Law Review
Torts--STRICT LIABILITY-MANUFACTURERS' OR MARKETERS' LIABILITY FOR THE CRIMINAL USE OF SATURDAY NIGHT SPECIALS: A NEW COMMON LAW APPROACH
Torts, Todd Smith, Scott Lane
Torts, Todd Smith, Scott Lane
Loyola University Chicago Law Journal
No abstract provided.
Apportionment In Kentucky After Comparative Negligence, John M. Rogers
Apportionment In Kentucky After Comparative Negligence, John M. Rogers
Law Faculty Scholarly Articles
Adoption of comparative negligence gives juries the task of allocating fault between a plaintiff and a defendant when both were negligent and both caused the plaintiff's injury. A logical corollary must be that juries are theoretically and practically able to make such an allocation. If so, it follows that juries are able to make such an allocation among multiple defendants, each of whom was found to be both negligent and a cause of the plaintiff's injury. The judicial adoption of comparative negligence in Kentucky therefore requires a reexamination of the rules applicable to multiple tortfeasors. Cases decided since the adoption …
Allison V. Shell Oil Company: The Viability Of Active-Passive Indemnity After Illinois' Contribution Among Joint Tortfeasors Act, 20 J. Marshall L. Rev. 363 (1986), Joseph J. Walczak
Allison V. Shell Oil Company: The Viability Of Active-Passive Indemnity After Illinois' Contribution Among Joint Tortfeasors Act, 20 J. Marshall L. Rev. 363 (1986), Joseph J. Walczak
UIC Law Review
No abstract provided.
Published Consentless Sexual Portrayals: A Proposed Framework For Analysis, Ruth Colker
Published Consentless Sexual Portrayals: A Proposed Framework For Analysis, Ruth Colker
Buffalo Law Review
No abstract provided.
Greenmoss Builders, Inc. V. Dun & (And) Bradstreet Inc. Invites Controversy, 19 J. Marshall L. Rev. 929 (1986), Elmer Gertz
Greenmoss Builders, Inc. V. Dun & (And) Bradstreet Inc. Invites Controversy, 19 J. Marshall L. Rev. 929 (1986), Elmer Gertz
UIC Law Review
No abstract provided.
Aids: Testing Democracy - Irrational Responses To The Public Health Crisis And The Need For Privacy In Serologic Testing, 19 J. Marshall L. Rev. 835 (1986), Michael L. Closen, Susan Marie Connor, Howard L. Kaufman, Mark E. Wojcik
Aids: Testing Democracy - Irrational Responses To The Public Health Crisis And The Need For Privacy In Serologic Testing, 19 J. Marshall L. Rev. 835 (1986), Michael L. Closen, Susan Marie Connor, Howard L. Kaufman, Mark E. Wojcik
UIC Law Review
No abstract provided.
Douglass V. Hustler Magazine, Inc.: Anatomy Of Privacy For A Public Figure In Illinois, 19 J. Marshall L. Rev. 1053 (1986), Howard L. Teplinsky
Douglass V. Hustler Magazine, Inc.: Anatomy Of Privacy For A Public Figure In Illinois, 19 J. Marshall L. Rev. 1053 (1986), Howard L. Teplinsky
UIC Law Review
No abstract provided.
Stallman V. Youngquist: Parent-Child Tort Immunity: Will Illinois Ever Give This Doctrine The Examination And Analysis It Deserves, 19 J. Marshall L. Rev. 807 (1986), Timothy Mcardle
UIC Law Review
No abstract provided.
Social Host Liability In Illinois: Right Without A Remedy, 19 J. Marshall L. Rev. 735 (1986), Mark D. Roth
Social Host Liability In Illinois: Right Without A Remedy, 19 J. Marshall L. Rev. 735 (1986), Mark D. Roth
UIC Law Review
No abstract provided.
A Way Out Of Defamation's Maze Of Confusion, 20 J. Marshall L. Rev. 97 (1986), Terrence P. Mcavoy
A Way Out Of Defamation's Maze Of Confusion, 20 J. Marshall L. Rev. 97 (1986), Terrence P. Mcavoy
UIC Law Review
No abstract provided.
Tortious Interference With Visitation Rights: A New And Important Remedy For Non-Custodial Parents, 20 J. Marshall L. Rev. 307 (1986), Lawrence A. Goldman
Tortious Interference With Visitation Rights: A New And Important Remedy For Non-Custodial Parents, 20 J. Marshall L. Rev. 307 (1986), Lawrence A. Goldman
UIC Law Review
No abstract provided.
Apportionment In Kentucky After Comparative Negligence, John M. Rogers
Apportionment In Kentucky After Comparative Negligence, John M. Rogers
Kentucky Law Journal
No abstract provided.
The Fault With Comparative Fault: The Problem Of Individual Comparisons In A Modified Comparative Fault Jurisdiction, Michael K. Steenson
The Fault With Comparative Fault: The Problem Of Individual Comparisons In A Modified Comparative Fault Jurisdiction, Michael K. Steenson
Faculty Scholarship
Minnesota courts have interpreted the Minnesota Comparative Fault statute as requiring comparison of a plaintiff's negligence with the individual negligence of each defendant. Exceptions to this rule involve joint venture cases. This Article examines the individual comparison rule and explores an alternative rule which provides for a comparison of the plaintiff's negligence with the aggregate negligence of the defendants.
The American Medical Association Vs. The American Tort System, Jeff Essen, Lisa Aldred
The American Medical Association Vs. The American Tort System, Jeff Essen, Lisa Aldred
Campbell Law Review
No abstract provided.
Wrong Without A Remedy - North Carolina And The Wrongful Death Of A Stillborn, Susan D. Crooks
Wrong Without A Remedy - North Carolina And The Wrongful Death Of A Stillborn, Susan D. Crooks
Campbell Law Review
This comment ... presents a legal argument supporting a civil action for the wrongful death of some stillborns and suggests that a gestational age of twenty-six weeks represents an appropriate viability standard in interpreting the North Carolina wrongful death statute. It also attempts to bridge the perceptual gap between certain aspects of medical and social sciences and the law regarding the fetus. The argument in support of the twenty-six week viability standard is presented in four parts. First, this comment illustrates why the fetus now enjoys an elevated status in society. Second, it illustrates the devastating impact of a stillbirth …
Casenotes: Joint Tort-Feasors — Contribution — Release — Joint Tort-Feasor's Payment For Pro Rata Release In Excess Of Its Pro Rata Share Operated To Satisfy Injured Party's Judgment Entered Against Nonsettling Joint Tort-Feasor. Martinez V. Lopez, 300 Md. 91, 476 A.2d 197 (1984), Daniel R. Lanier
University of Baltimore Law Review
No abstract provided.
Product Liability In Maryland: Traditional And Emerging Theories Of Recovery And Defense, Edward S. Digges Jr., John G. Billmyre
Product Liability In Maryland: Traditional And Emerging Theories Of Recovery And Defense, Edward S. Digges Jr., John G. Billmyre
University of Baltimore Law Review
In recent years, product liability law in Maryland and across the country has placed greater responsibility on the manufacturers of products causing injury. In this article, the authors review the traditional theories of manufacturer liability and discuss the novel theories being advanced to expand that liability. Also considered are the defenses available to manufacturers, both traditional and emerging. The authors conclude with the prognosis that because the pendulum has swung so far in the direction of placing greater responsibility on manufacturers, further expansion of manufacturer liability is both unlikely and inappropriate.
Comment: Duty To Warn And The Sophisticated User Defense In Products Liability Cases, Christopher P. Downs
Comment: Duty To Warn And The Sophisticated User Defense In Products Liability Cases, Christopher P. Downs
University of Baltimore Law Review
The sophisticated user defense provides a defense to manufacturers in products liability failure to warn cases. The defense is premised on the theory that a manufacturer has no duty to warn users of the product who have the sophisticated knowledge necessary to understand the risks associated with use of the product. Courts are in disagreement, however, as to the validity of this defense in failure to warn actions. In this comment, the author traces the development of products liability law and analyzes the application of Restatement (Second) of Torts sections 388 and 402A in failure to warn cases. The author …
Torts - Defamation - Public Figure Doctrine Will Be Used Expansively To Protect Media, Mark J. Foley
Torts - Defamation - Public Figure Doctrine Will Be Used Expansively To Protect Media, Mark J. Foley
Villanova Law Review (1956 - )
No abstract provided.
Parent-Child Tort Immunity In Illinois, Daivd L. Grobart
Parent-Child Tort Immunity In Illinois, Daivd L. Grobart
Loyola University Chicago Law Journal
No abstract provided.
Tort Reform Act, Michael A. Pope, Jamie S. Freveletti
Tort Reform Act, Michael A. Pope, Jamie S. Freveletti
Loyola University Chicago Law Journal
No abstract provided.
Wrongful Death Of A Fetus: Does A Cause Of Action Arise When There Is No Live Birth, Michael Starczewski
Wrongful Death Of A Fetus: Does A Cause Of Action Arise When There Is No Live Birth, Michael Starczewski
Villanova Law Review (1956 - )
No abstract provided.
Handgun Manufacturers' Tort Liability To Victims Of Criminal Shootings: A Summary Of Recent Developments In The Push For A Judicial Ban Of The Saturday Night Special, Nicholas J. Caggiano
Handgun Manufacturers' Tort Liability To Victims Of Criminal Shootings: A Summary Of Recent Developments In The Push For A Judicial Ban Of The Saturday Night Special, Nicholas J. Caggiano
Villanova Law Review (1956 - )
No abstract provided.
Should Tort Law Protect Property Against Accidental Loss, Richard Abel
Should Tort Law Protect Property Against Accidental Loss, Richard Abel
San Diego Law Review
This Article addresses the question of whether tort law should protect property interests against unintentional interference. The author argues that tort damages for accidental harm to property violate the fundamental values of autonomy, equality, and community, and that tort law recognizes that property is less important than personal integrity. The author further argues that state action, including judicial decision-making that seeks to protect property against inadvertent damage either, is unprincipled and arbitrary. The author concludes that tort liability for accidental injury to property cannot be defended as a means of reducing secondary accident costs, it entails very high transaction costs, …