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Articles 121 - 137 of 137
Full-Text Articles in Torts
Tortious Toxics, Lisa Heinzerling, Cameron Powers Hoffman
Tortious Toxics, Lisa Heinzerling, Cameron Powers Hoffman
Georgetown Law Faculty Publications and Other Works
In this Article we offer one small idea with potentially large implications. We propose the recognition arid development of a special tort for toxic exposures, where the exposures have not yet led to a physical illness such as cancer. We argue, in brief, that this new tort would, in one simple step, accomplish three things: it would address many of the problems with the courts' current handling of toxic torts; it would consolidate the many overlapping causes of action now pressed in toxic tort cases into one single claim; and it would give expression to the real injury motivating these …
What Courts Can Do In The Face Of The Never-Ending Asbestos Crisis, Paul F. Rothstein
What Courts Can Do In The Face Of The Never-Ending Asbestos Crisis, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The purpose of this article is not to argue that claimants suffering from serious asbestos-related diseases should not be compensated. To the contrary, one of the points of this article is that absent some change in the way asbestos claims are resolved, claimants who become truly sick in the future may not receive adequate compensation. Changing the current asbestos compensation system would be pro-claimant. Also, the purpose of this article is not to ascribe blame. Rather, it is to fix a problem. The judges cannot be blamed for their good intentions. Neither can the plaintiffs' attorneys be blamed for zealously …
Federal Preemption Of State Tort Claims, Marin Roger Scordato
Federal Preemption Of State Tort Claims, Marin Roger Scordato
Scholarly Articles
This article explores a continuing disagreement among Justices of the United States Supreme Court regarding the proper doctrinal framework for federal preemption jurisprudence. This important difference in views became apparent in the four federal preemption cases that the Supreme Court decided during its 1999-2000 term. The article describes this critical disagreement among the Justices, places it in the larger context of preemption doctrine, and then carefully analyzes a number of possible resolutions.
Federal preemption is an area of enormous practical and theoretical importance. It is a subject that has earned a regular place on the Supreme Court's docket for many …
Torts: Nealis V. Baird: The Oklahoma Supreme Court Extends Fetal Rights In Wrongful Death Suits But Leaves Important Questions Unanswered, Cory Hicks
Oklahoma Law Review
No abstract provided.
A "Clanging Silence": Same-Sex Couples And Tort Law, John G. Culhane
A "Clanging Silence": Same-Sex Couples And Tort Law, John G. Culhane
Kentucky Law Journal
No abstract provided.
Foreword, Thomas A. Eaton
Foreword, Thomas A. Eaton
Georgia Law Review
It has long been accepted that deterrence and vindication are two of the primary purposes of the body of law we know as "constitutional torts." Justices of every ideological stripe have acknowledged deterrence and vindication as the legitimate objectives of suits against governments and government officials who violate a person's constitutional rights. Justices with philosophies as divergent as Brennan's and Scalia's agree that civil rights actions serve an essential vindicatory function.' Justices Breyer, O'Connor, Blackmun, White, Marshall, and Powell have authored opinions that embrace the deterrent effect of such actions. The acceptance of deterrence and vindication as the twin goals …
In Defense Of Making Government Pay: The Deterrent Effect Of Constitutional Tort Remedies, Myriam E. Gilles
In Defense Of Making Government Pay: The Deterrent Effect Of Constitutional Tort Remedies, Myriam E. Gilles
Georgia Law Review
I will argue in this Essay that there are a number of reasons to expect that the imposition of constitutional tort damage awards against individual officers or their municipal employers does have a deterrent effect on the behavior of these governmental actors and entities. In Part I, I will focus on the ways in which the imposition of constitutional tort remedies against an individual officer does deter. While Professor Levinson decries the inability of the law and economics paradigm to explain government actors' response to constitutional tort damages, he fails to meaningfully account for the role of the qualified immunity …
Corrective Justice And Constitutional Torts, Bernard P. Dauenhauer, Michael L. Wells
Corrective Justice And Constitutional Torts, Bernard P. Dauenhauer, Michael L. Wells
Georgia Law Review
Tort liability in the private realm may be understood both as "an instrument aimed... at deterrence... [and] a way of achieving corrective justice between the parties."' Following the common law model, the Supreme Court has borrowed this normative framework for constitutional torts, ruling that the aims of liability for damages are to vindicate constitutional rights and to deter constitutional violations. A recent article by Daryl Levinson takes issue vith this approach. Levinson argues that the superficial similarities between public torts and private torts conceal real differences, to which neither the Court nor scholars have paid adequate attention. The main point …
The Global Implications Of Defamation Suits And The Internet: The U.S. View, Harvey L. Zuckman
The Global Implications Of Defamation Suits And The Internet: The U.S. View, Harvey L. Zuckman
Scholarly Articles
No abstract provided.
The Liability Of The Press For Trespass And Invasion Of Privacy In Gathering The News-A Call For The Recognition Of A Newsgathering Tort Privilege, James A. Albert
The Liability Of The Press For Trespass And Invasion Of Privacy In Gathering The News-A Call For The Recognition Of A Newsgathering Tort Privilege, James A. Albert
NYLS Law Review
No abstract provided.
Berne Without Borders: Geographic Indiscretion And Digital Communications, Jane C. Ginsburg
Berne Without Borders: Geographic Indiscretion And Digital Communications, Jane C. Ginsburg
Faculty Scholarship
This lecture examines the role of borders in the Berne Convention at the time of the treaty's first passage in 1886, and today. The later 19th century was an era of increasing commerce and communication among countries whose domestic production and reproduction of works of authorship had vastly increased, thanks in part to new technologies, such as photography, lithography, and high-speed printing. But at that time, the frontiers between nations often frustrated authors' hopes for control over, or at least compensation for, the international exploitation of their works. Authors' rights ceased at their national boundaries; the world beyond foreboded not …
Toward Supranational Copyright Law? The Wto Panel Decision And The "Three-Step Test" For Copyright Exceptions, Jane C. Ginsburg
Toward Supranational Copyright Law? The Wto Panel Decision And The "Three-Step Test" For Copyright Exceptions, Jane C. Ginsburg
Faculty Scholarship
A dispute resolution panel of the World Trade Organization in June 2000 held the United States in contravention of its obligation under art. 13 of the TRIPs accord to "confine limitations or exceptions to exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder." In the dispute resolution proceeding, initiated by the European Union at the behest of the Irish performing rights organization, the contested exception, enacted in the 1998 "Digital Millennium Copyright Act," exempted a broad range of retail and …
Gender Matters: Teaching A Reasonable Woman Standard In Personal Injury Law, Margo Schlanger
Gender Matters: Teaching A Reasonable Woman Standard In Personal Injury Law, Margo Schlanger
Articles
Reasonable care is, of course, a concept central to any torts class. But what is it? One very standard doctrinal move is to conceptualize reasonable care as that care shown by a "reasonable person" under like circumstances. The next step, logically, is to visualize this reasonable person. Visualization requires some important choices. For example, is the reasonable person old or young? Disabled or not? These are two questions that all the casebooks I have consulted discuss. But, oddly, no casebook of which I am aware deals with the trait that nearly invariably figures in our description of people: sex. If …
A Response On Cardozo To Professors Kaufman And Schwarz, Richard H. Weisberg
A Response On Cardozo To Professors Kaufman And Schwarz, Richard H. Weisberg
Articles
The article responds to critiques of Benjamin Cardozo's jurisprudence by emphasizing his belief in the dual role of judicial subjectivity and adherence to legal precedent. Cardozo advocated for a balanced approach where judges use their "trained intuition" to seek justice, even when it requires departing from formal rules. The author argues that Cardozo's method is evident in numerous cases and stresses the importance of judicial craftsmanship and language in legal decisions.
Lawyers' Ethics And Fiduciary Obligation In The Brave New World Of Aggregative Litigation, Lester Brickman
Lawyers' Ethics And Fiduciary Obligation In The Brave New World Of Aggregative Litigation, Lester Brickman
Articles
Over the past several decades and at a quickening pace, we have seen the rise of the mass tort phenomenon. The term mass tort refers to an allegation of injury by large numbers of persons due to a calamity or exposure to defectively produced foods, drugs, products implanted in the body, or improperly designed or constructed vehicles, other products, materials or structures, which is sought to be redressed by combining (aggregating) large numbers of claims sharing like issues of fact and law into a litigation against one or more defendants using such structural aggregative methods as class actions, consolidations, and …
No Pain, No Gain, No Compensation: Expoliting Professional Athletes Through Substandard Medical Care Administered By Team Physician, Nick Dicello
Cleveland State Law Review
This note discusses the role of the team physician and the unique conflicts he or she faces when providing medical care to athletes. In particular, the note describes the pressure team doctors experience from team management, the coaching staff, and the players themselves. Next, the note discusses the types of claims professional athletes have brought against their doctors and team employers and how the terms of collective bargaining agreements (CBA) and workers' compensation laws create obstacles to their recovery. The note will explore the need for a specialized legal standard within the practice of sports medicine and identify the disincentive …
Quest For Fairness In Compensating Victims Of September 11, The, Robert L. Rabin
Quest For Fairness In Compensating Victims Of September 11, The, Robert L. Rabin
Cleveland State Law Review
Aside from natural disasters, when tragedy strikes - taking its toll in fatalities and serious injuries - we ordinarily look to the tort system for redress. Tort is not the exclusive form of redress, of course, in this era of private insurance and government disability programs. But still, it remains our most highly visible mechanism for assigning responsibility and providing compensation. In this Article, I will begin by describing the approach to compensation taken in the Victim Compensation Fund. I will then discuss the implementing regulations promulgated by the Special Master appointed under the Fund. Next, I will offer a …