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Articles 91 - 98 of 98
Full-Text Articles in Torts
When Doctrines Collide: Corporate Negligence And Respondeat Superior When Hospital Employees Fail To Speak Up, I. Trotter Hardy
When Doctrines Collide: Corporate Negligence And Respondeat Superior When Hospital Employees Fail To Speak Up, I. Trotter Hardy
Faculty Publications
No abstract provided.
Toward A Modern Defamation Law In Virginia: Questions Answered, Questions Raised, David C. Kohler
Toward A Modern Defamation Law In Virginia: Questions Answered, Questions Raised, David C. Kohler
University of Richmond Law Review
In 1964, the United States Supreme Court decided that defamatory statements are entitled to some first amendment protection. In later cases, the Court has continued to redefine the constitutional landscape of defamation, but many questions remain unanswered. In their attempts to accommodate the Supreme Court's new doctrine, the Virginia state courts have often struggled with the task of redefining their common law rules so that they are consistent with the constitutional prescriptions. Since 1985, the Virginia Supreme Court has issued five opinions attempting to clarify various aspects of defamation law in Virginia. Part I of this article examines these opinions …
Public Officials And Libel: In Defense Of New York Times Co. V. Sullivan, Marc A. Franklin
Public Officials And Libel: In Defense Of New York Times Co. V. Sullivan, Marc A. Franklin
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Responses To Professor Franklin, Dan M. Burt, Phyllis W. Beck, Norman Pearlstine
Responses To Professor Franklin, Dan M. Burt, Phyllis W. Beck, Norman Pearlstine
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Torts, Jill L. Miles
Constitutional Rights Without Remedies: Judicial Review Of Underinclusive Legislation, Bruce K. Miller, Neal Devins
Constitutional Rights Without Remedies: Judicial Review Of Underinclusive Legislation, Bruce K. Miller, Neal Devins
Faculty Publications
No abstract provided.
Understanding The Plaintiff's Attorney: The Implications Of Economic Theory For Private Enforcement Of Law Through Class And Derivative Actions, John C. Coffee Jr.
Understanding The Plaintiff's Attorney: The Implications Of Economic Theory For Private Enforcement Of Law Through Class And Derivative Actions, John C. Coffee Jr.
Faculty Scholarship
Probably to a unique degree, American law relies upon private litigants to enforce substantive provisions of law that in other legal systems are left largely to the discretion of public enforcement agencies. This system of enforcement through "private attorneys general" is most closely associated with the federal antitrust and securities laws and the common law's derivative action, but similar institutional arrangements have developed recently in the environmental, "mass tort," and employment discrimination fields. The key legal rules that make the private attorney general a reality in American law today, however, are not substantive but procedural – namely, those rules that …
Interspousal Tort Immunity In Montana, Carl W. Tobias
Interspousal Tort Immunity In Montana, Carl W. Tobias
Law Faculty Publications
Interspousal tort immunity has a lengthy, rich, and interesting history. But since 1970, courts and legislatures have been increasingly willing to abolish immunity, transforming it into a minority rule which appears destined for widespread elimination by the year 2000. Montana's recent experience is typical. In 1979, the Legislature abolished the rule for intentional torts. However, the Montana Supreme Court has retained the doctrine in the negligence context. The court has recently agreed to reconsider negligence immunity and, should it refuse to change the rule, the Legislature may well address the issue. Thus, it is now appropriate to analyze whether Montana …