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Articles 31 - 60 of 107
Full-Text Articles in Torts
Better Living Through Crime And Tort, Anita Bernstein
Better Living Through Crime And Tort, Anita Bernstein
Faculty Scholarship
No abstract provided.
Turning From Tort To Administration, Richard A. Nagareda
Turning From Tort To Administration, Richard A. Nagareda
Michigan Law Review
My objective here is to challenge the notion that the recent mass tort settlements - for all their novel qualities in the mass tort area - are truly sui generis in the law. Rather, I contend that the rise of such settlements in tort mirrors the development of public administrative agencies earlier in this century - that, in both instances, powerful new institutions emerged outside preexisting channels of control to wield significant power over human lives and resources. I argue that courts usefully may draw upon familiar doctrines of judicial review in administrative law to form a conceptual framework for …
Affirmative Duties, Systemic Harms, And The Due Process Clause, Barbara E. Armacost
Affirmative Duties, Systemic Harms, And The Due Process Clause, Barbara E. Armacost
Michigan Law Review
Part I of the article lays out the major academic criticisms of DeShaney v. Winnebago County Department of Social Services. Part II describes the contours of liability for failure to protect in tort. Part III offers a positive explanation for the strong presumption against governmental liability in failure-to-protect cases: permitting broad liability for failure to protect would involve the courts in second-guessing political decisions about the use of limited community resources. This explanation has two parts. First, as a matter of institutional competence, budgetary decisions about the appropriate level and distribution of public services are better suited to political rather …
Predicting Future Sources Of Mass Toxic Tort Litigation, Jeffrey A. Foran, Bernard D. Goldstein, John A. Moore, Paul Slovic
Predicting Future Sources Of Mass Toxic Tort Litigation, Jeffrey A. Foran, Bernard D. Goldstein, John A. Moore, Paul Slovic
RISK: Health, Safety & Environment (1990-2002)
The authors describe the efforts of an expert working group to identify potential sources, over the next five to ten years, of future mass litigation and report on the group's consensus conclusions.
Illinois' Landmark Tort Reform: The Sponsor's Policy Explanation, Kirk W. Dillard
Illinois' Landmark Tort Reform: The Sponsor's Policy Explanation, Kirk W. Dillard
Loyola University Chicago Law Journal
No abstract provided.
The Fungusamongus: Sick Building Survival Guide, Robert E. Geisler
The Fungusamongus: Sick Building Survival Guide, Robert E. Geisler
St. Thomas Law Review
No abstract provided.
Florida's Comprehensive Medical Malpractice Reform Act: Is It Time For A Change, Jessica Fonseca-Nader
Florida's Comprehensive Medical Malpractice Reform Act: Is It Time For A Change, Jessica Fonseca-Nader
St. Thomas Law Review
This Comment will focus on a review of the Act, its intended purposes and goals, and its effects on medical malpractice. I attempt to show that the benefits, if any, which have resulted from the Act are not worth the adverse effects the statute has had on seriously injured plaintiffs. Part II discusses the history of the Act, focusing on the constitutional challenges and modifications the Act has met and often overcome. Part III is an analysis regarding what a medical malpractice claimant must overcome to bring an action against the wrongdoer. In addition, I address pertinent sections of the …
Contributory Negligence, Comparative Negligence, And Stare Decisis In North Carolina, Steven Gardner
Contributory Negligence, Comparative Negligence, And Stare Decisis In North Carolina, Steven Gardner
Campbell Law Review
Part I of this article examines the contributory negligence doctrine and its history in the United States and North Carolina. Part II describes some of the criticism levelled at the contributory negligence doctrine. Part III examines the comparative negligence doctrine, including a-description of the types of comparative negligence systems, a history of the doctrine, and a look at the history of comparative negligence bills in the North Carolina General Assembly, concentrating on the several comparative negligence bills introduced in the 1980s and one of the principal arguments made against the bills. Part IV discusses North Carolina's stare decisis jurisprudence and …
Judicial Boilerplate Language As Torts Decisional Litany: Four Problem Areas In North Carolina, Charles E. Daye
Judicial Boilerplate Language As Torts Decisional Litany: Four Problem Areas In North Carolina, Charles E. Daye
Campbell Law Review
This article discusses four selected examples from the tort law of North Carolina. These examples isolate instances in which the result of a case might not have warranted the language used or when the language of the cases was picked up and carried forward in subsequent cases without adequate analysis. Perhaps attorneys can point out these problems to the courts, and perhaps the courts might choose to make helpful clarifications.
Product Liability Law In The Federal Arena, Sherman Joyce
Product Liability Law In The Federal Arena, Sherman Joyce
Seattle University Law Review
The law of product liability has been created by state judges and legislatures. Although not widely noticed, this tradition changed when Congress enacted the General Aviation Revitalization Act of 1994. That legislation established an eighteen-year statute of repose for claims brought by non-commercial passengers injured or killed in accidents involving light aircraft. Until that time, product liability law had been exclusively a function of state law. Nevertheless, product liability reform legislation has been the subject of extensive examination and scrutiny by Members of the United States Congress for one and a half decades. This Article analyzes the constitutional underpinnings for …
Wanted: Privacy Protection For Doctors Who Performed Abortions, Angela Christina Couch
Wanted: Privacy Protection For Doctors Who Performed Abortions, Angela Christina Couch
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Sleeping With The Enemy: Combatting The Sexual Spread Of Hiv-Aids Through A Heightened Legal Duty, 29 J. Marshall L. Rev. 957 (1996), Eric L. Schulman
Sleeping With The Enemy: Combatting The Sexual Spread Of Hiv-Aids Through A Heightened Legal Duty, 29 J. Marshall L. Rev. 957 (1996), Eric L. Schulman
UIC Law Review
No abstract provided.
Developments In Liability Theories And Defenses, Robert A. Destro
Developments In Liability Theories And Defenses, Robert A. Destro
Scholarly Articles
Litigators with experience in the field of religious liberty believe that courts do not seem to take religious liberty claims and defenses very seriously; however, it is difficult to know why. To be sure, the anecdotal evidence is certainly there, not only in the reported cases, but also in the actual courtroom experiences of those who attempt to raise religious liberty claims and defenses. In one Texas tort case, a trial court judge stated that she would not permit the Church "to hide behind the first amendment;" in a Maryland case a number of years ago, I was asked by …
Does Fifra Label State Tort Claims For Inadequate Warning Preempted - Welchert V. American Cyanamid, Inc., Ian M. Hughes
Does Fifra Label State Tort Claims For Inadequate Warning Preempted - Welchert V. American Cyanamid, Inc., Ian M. Hughes
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Ridicule Or Recourse: Parents Falsely Accused Of Past Sexual Abuse Fight Back , Jeffrey M. Whitesell
Ridicule Or Recourse: Parents Falsely Accused Of Past Sexual Abuse Fight Back , Jeffrey M. Whitesell
Journal of Law and Health
This Note argues that wrongly accused parents should be granted standing by the courts to bring suit against therapists who negligently suggest that their children are victims of sexual abuse. The first section will analyze the validity of recovered memories obtained through the use of various suggestive techniques. The second section will explore the various causes of action that courts are considering actionable by innocent third parties against the therapists who implant false memories. The causes of action that will be analyzed are malpractice, negligence, intentional infliction of emotional distress, defamation, loss of companionship and society, and breach of contract. …
The Remains Of Privacy's Disclosure Tort: An Exploration Of The Private Domain, Jonathan B. Mintz
The Remains Of Privacy's Disclosure Tort: An Exploration Of The Private Domain, Jonathan B. Mintz
Maryland Law Review
No abstract provided.
The Case For A "Strong" Regulatory Compliance Defense, Richard C. Ausness
The Case For A "Strong" Regulatory Compliance Defense, Richard C. Ausness
Maryland Law Review
No abstract provided.
Spousal Emotional Abuse As A Tort? , Ira Mark Ellman, Stephen D. Sugarman
Spousal Emotional Abuse As A Tort? , Ira Mark Ellman, Stephen D. Sugarman
Maryland Law Review
No abstract provided.
The Road To Federal Product Liability Reform, Victor E. Schwartz, Mark A. Behrens
The Road To Federal Product Liability Reform, Victor E. Schwartz, Mark A. Behrens
Maryland Law Review
No abstract provided.
The Economic Loss Rule And Intentional Torts: A Shield Or A Sword, Frank Nussbaum
The Economic Loss Rule And Intentional Torts: A Shield Or A Sword, Frank Nussbaum
St. Thomas Law Review
The economic loss rule may have merit in light of current trends, in regard to products liability cases, to allocate the risk between innocent and negligent parties. However, it is an inappropriate rule to vitiate common law torts created as a matter of public policy to protect society from intentional wrongdoers. If applied without reasonable boundaries, the economic loss rule will have evolved and mutated from a shield into a sword that can be used to eliminate long standing common law and statutory tort remedies created to protect society from undesirable conduct.
The Newsworthiness Defense To The Public Disclosure Tort, Geoff Dendy
The Newsworthiness Defense To The Public Disclosure Tort, Geoff Dendy
Kentucky Law Journal
No abstract provided.
Products Liability: Terrorist Bombs And Strict Liability--A Volatile Formula For Fertilizer Makers?, Walter D. Miller
Products Liability: Terrorist Bombs And Strict Liability--A Volatile Formula For Fertilizer Makers?, Walter D. Miller
Oklahoma Law Review
No abstract provided.
Real World Torts: An Antidote To Anecdote, Marc Galanter
Real World Torts: An Antidote To Anecdote, Marc Galanter
Maryland Law Review
No abstract provided.
Some Thoughts On The Ideology Of Enterprise Llability, Robert L. Rabin
Some Thoughts On The Ideology Of Enterprise Llability, Robert L. Rabin
Maryland Law Review
No abstract provided.
Federal Influences On The Treatment Of Law And Fact In Tort Litigation, Robert E. Keeton
Federal Influences On The Treatment Of Law And Fact In Tort Litigation, Robert E. Keeton
Maryland Law Review
No abstract provided.
Dram Shop Law - Gambling While Intoxicated: The Winner Takes It All - The Third Circuit Examines A Casino's Liability For Allowing A Patron To Gamble While Intoxicated, Jessica L. Krentzman
Dram Shop Law - Gambling While Intoxicated: The Winner Takes It All - The Third Circuit Examines A Casino's Liability For Allowing A Patron To Gamble While Intoxicated, Jessica L. Krentzman
Villanova Law Review (1956 - )
No abstract provided.
Defamation, Reputation, And The Myth Of Community, Lyissa Barnett Lidsky
Defamation, Reputation, And The Myth Of Community, Lyissa Barnett Lidsky
Washington Law Review
The complex interaction between defamation, reputation, and community values defines the tort of defamation. A defamatory communication tends to harm a plaintiff's reputation in the eyes of the plaintiffs community. Thus, to determine whether a given statement is defamatory, courts must first identify the plaintiff's community and its norms—an inquiry that presents both theoretical and doctrinal difficulties in a heterogeneous and pluralistic society. Current approaches to identifying the plaintiff's community are particularly inadequate in two common types of cases: (1) cases in which the plaintiff belongs to a subcommunity espousing different values than those prevailing generally, and (2) cases in …
Attorney Malpractice Liability To Non-Clients In Washington: Is The New Modified Multi-Factor Balancing Test An Improvement?, Sheryl L.R. Miller
Attorney Malpractice Liability To Non-Clients In Washington: Is The New Modified Multi-Factor Balancing Test An Improvement?, Sheryl L.R. Miller
Washington Law Review
Most jurisdictions recognize a cause of action for legal malpractice against a non-client only where the attorney-client relationship is formed to benefit a third-party nonclient. This rule generally operates to preclude an attorney's potential liability to a client's adversary. Washington departed from the majority in 1992 in Bohn v. Cody, where the Washington Supreme Court found that an attorney did owe a duty to his client's adversary. Two years later, in Trask v. Butler, the supreme court modified Bohn's test for determining attorney malpractice liability to third parties to conform Washington's law with the majority of jurisdictions. …
The Manville Personal Injury Settlement Trust: Lessons For The Future, Frank J. Macchiarola
The Manville Personal Injury Settlement Trust: Lessons For The Future, Frank J. Macchiarola
Cardozo Law Review
I will outline the story of the Manville Personal Injury Settlement Trust. While reading this tale, I urge the reader to ask the following questions: Was the Trust procedure effective? Could other procedures have better resolved the difficulties faced by asbestos victims? Could these other procedures fit into the legal framework, or does equity demand that a workable solution fall outside the legal structure? Could the system developed for the Trust be adapted for future mass torts, or did it simply result from compromises that would not have occurred save for the fact that there was no "bottomless pit" of …
Learned Intermediaries And Sophisticated Users: Encouraging The Use Of Intermediaries To Transmit Product Safety Information, Richard C. Ausness
Learned Intermediaries And Sophisticated Users: Encouraging The Use Of Intermediaries To Transmit Product Safety Information, Richard C. Ausness
Law Faculty Scholarly Articles
The general rule, under both negligence principles and strict products liability, is that a producer or supplier is required to warn users or consumers of its products. In most cases, this duty can be satisfied by placing a warning label on the product itself or by providing safety information in an owner's manual or in other literature attached to or enclosed with the product. However, there are some situations where it is difficult or impracticable to provide a direct warning to the ultimate user or consumer. In such cases, producers and suppliers should be able to satisfy their duty to …