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Torts Commons

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1989

Discipline
Institution
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Publication
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Articles 91 - 101 of 101

Full-Text Articles in Torts

The Legal Community And The Transformation Of Disputes: The Settlement Of Injunction Actions, James B. Atleson Jan 1989

The Legal Community And The Transformation Of Disputes: The Settlement Of Injunction Actions, James B. Atleson

Journal Articles

Lawyers in cases involving injunctions against picketing represent clients in situations of great immediacy. A significant number of injunction actions are settled with reductions in picketing despite a seemingly restrictive statute and a highly organized workforce. This study of legal culture examines the role of lawyers in striving to create predictability, especially in regard to judges and the police, and in transforming conflicts of value into disputes over interests that can be resolved without resort to formal adjudication.


A Break In The Silence: Including Women's Issues In A Torts Course, Lucinda M. Finley Jan 1989

A Break In The Silence: Including Women's Issues In A Torts Course, Lucinda M. Finley

Journal Articles

No abstract provided.


Man Bites Dog With Ohio's Vicious Dog Statute, Diane K. Hale Jan 1989

Man Bites Dog With Ohio's Vicious Dog Statute, Diane K. Hale

Cleveland State Law Review

This article discusses Ohio’s vicious dog statute, ORC 955.11, signed into law in July 1987. Section II provides background information on pit bulls and their general reputation in society. Section III explains how dogs and dog ownership were regulated under the old law, and then Section IV delves into how the new law operates to regulate dogs. Section V moves into issues of Constitutionality, and Sections VI and VII discuss alternative options and proposes changes to the new law.


Punishment: The Civil Perspective Of Punitive Damages, Bailey Kuklin Jan 1989

Punishment: The Civil Perspective Of Punitive Damages, Bailey Kuklin

Cleveland State Law Review

Punitive, or exemplary damages, have been recognized in the Anglo-American common law systems for two centuries. This Article explores the consequences of treating punitive damages as a private means of punishment. Light is shed on the controversies surrounding, first, the attempt to adopt a standard of punishment, private or public, and second, to apply such a standard. The concentration on punitive damages for this exploratory undertaking, instead of criminal sanctions, avoids the need to account for additional imputed public penal purposes, such as rehabilitation and isolation. As a preliminary matter, the emphasis of this Article should be made clear. The …


Damages For Emotional Distress In Fraud Litigation: Dignitary Torts In A Commercial Society, Andrew L. Merritt Jan 1989

Damages For Emotional Distress In Fraud Litigation: Dignitary Torts In A Commercial Society, Andrew L. Merritt

Vanderbilt Law Review

One of the most dynamic developments in modern tort law has been the increased focus on damages for emotional distress. During the past few decades courts have fashioned several new tort theories to allow recovery of emotional distress damages as independent causes of action. At the same time, lobbyists and legislators have attacked these damages for contributing to "runaway" jury verdicts. As a result of these attacks, a growing number of states are enacting statutes that limit recovery of emotional distress damages in traditional tort are as such as medical malpractice. Thus, damages for emotional distress are at a crossroads …


Imposing The Underwriters' Duty Of Care On Art Auctioneers, Reginald Bullock Jr. Jan 1989

Imposing The Underwriters' Duty Of Care On Art Auctioneers, Reginald Bullock Jr.

Cardozo Arts & Entertainment Law Journal

No abstract provided.


More Than A Mouthful: Libel And The Restaurant Review, Amy G. Borress Jan 1989

More Than A Mouthful: Libel And The Restaurant Review, Amy G. Borress

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Full Court Press: Sacrificing Vital Privacy Interests On The Altar Of First Amendment Rhetoric, Irwin R. Kramer Jan 1989

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 Jan 1989

The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam

Articles

No abstract provided.


Judicial Backpedaling: Putting The Brakes On California's Law Of Wrongful Termination, Lawrence C. Levine Jan 1989

Judicial Backpedaling: Putting The Brakes On California's Law Of Wrongful Termination, Lawrence C. Levine

McGeorge School of Law Scholarly Articles

No abstract provided.


Comments On Why Punitive Damages Don't Deter Corporate Misconduct Effectively, Michael Wells Jan 1989

Comments On Why Punitive Damages Don't Deter Corporate Misconduct Effectively, Michael Wells

Scholarly Works

Professor Elliott begins his Article by proclaiming that “a fundamental revolution has reshaped the intellectual underpinnings of tort law.”