Open Access. Powered by Scholars. Published by Universities.®

Torts Commons™

Open Access. Powered by Scholars. Published by Universities.®

9,026 Full-Text Articles 6,895 Authors 8,577,575 Downloads 140 Institutions

All Articles in Torts

Faceted Search

9,026 full-text articles. Page 122 of 153.

The September 11th Victim Compensation Fund Of 2001: A Better Alternative To Litigation?, Wendy Floering 2013 Pepperdine University

The September 11th Victim Compensation Fund Of 2001: A Better Alternative To Litigation?, Wendy Floering

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Understanding And Mitigating The Negative Impacts Of Product Recalls In The Global Supply Chain, Emily Carow 2013 Bryant University

Understanding And Mitigating The Negative Impacts Of Product Recalls In The Global Supply Chain, Emily Carow

Honors Projects in Management

Product recalls can be detrimental to any company; the event can be costly and often causes a loss of company reputation, customer trust and loyalty, and sometimes a loss of customer lives. With the number of product recalls on the rise, the issue has become of utmost importance, and although government agencies are set in place to protect the customers, there is no such agency to act in the best interest of the company experiencing the recall (Sowinski, 2012). Therefore, understanding best practices for the prevention of, reaction to, and recovery from product recalls can be extremely beneficial to a …


The Supreme Court's Bright Line Ruling In Riegel V. Medtronic, Inc. Gives Manufacturers Of Defective Medical Devices Broad Immunity, Sadaf Bathaee 2013 Pepperdine University

The Supreme Court's Bright Line Ruling In Riegel V. Medtronic, Inc. Gives Manufacturers Of Defective Medical Devices Broad Immunity, Sadaf Bathaee

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Remedies: A Guide For The Perplexed, Doug Rendleman 2013 Washington and Lee University School of Law

Remedies: A Guide For The Perplexed, Doug Rendleman

Scholarly Articles

Remedies is one of a law student’s most practical courses. Remedies students and their professors learn to work with their eyes on the question at the end of litigation: what can the court do for the successful plaintiff? Remedies develops students’ professional identities and broadens their professional horizons by reorganizing their analysis of procedure, torts, contracts, and property around choosing and measuring relief - compensatory damages, punitive damages, an injunction, specific performance, disgorgement, and restitution. This article discusses the law-school course in Remedies - the content of the Remedies course, the Remedies classroom experience, and Remedies outside the classroom through …


What Is The Media In The Age Of The Internet? Defamation Law And The Blogosphere, Lauren Guicheteau 2013 University of Washington School of Law

What Is The Media In The Age Of The Internet? Defamation Law And The Blogosphere, Lauren Guicheteau

Washington Journal of Law, Technology & Arts

As more people turn to blogs as a source of news and information, the distinction between blogs and traditional media sources has become more complex for courts dealing with First Amendment issues. In the recent case, Obsidian Finance Group, LLC v. Cox, the United States District Court for the District of Oregon held that the defendant, a blogger, was not a member of the media for the purposes of a defamation claim. The court held that media defendants must be at least negligent to be liable for defamatory publications, but because the blogger was a non-media defendant, she was …


Protecting Intangible Cultural Resources: Alternatives To Intellectual Property Law, Gerald Carr 2013 Michigan State University College of Law

Protecting Intangible Cultural Resources: Alternatives To Intellectual Property Law, Gerald Carr

Michigan Journal of Race and Law

Cultural resources can be defined as "the tangible and intangible effects of an individual or group of people that define their existence, and place them temporally and geographically in relation to their belief systems and their familial and political groups, providing meaning to their lives." The field of cultural resources includes tangible items, such as land, sacred sites, and religious and finerary objects. The field also includes intangible knowledge and customs, such as tribal names, symbols, stories, and ecological, ethnopharmacological, religious, or other traditional knowledge. The tangible cultural resources of tribes can fall under the protection of statutes such as …


Twenty-First Century Tort Theories: The Internalist/Externalist Debate, Michael L. Rustad 2013 Suffolk University Law School

Twenty-First Century Tort Theories: The Internalist/Externalist Debate, Michael L. Rustad

Indiana Law Journal

American Association of Law Schools Torts & Compensation Systems Panel


Beneath The Surface Of Civil Recourse Theory, Martha Chamallas 2013 The Ohio State University, Moritz College of Law

Beneath The Surface Of Civil Recourse Theory, Martha Chamallas

Indiana Law Journal

American Association of Law Schools Torts & Compensation Systems Panel


Civil Recourse Defended: A Reply To Posner, Calabresi, Rustard, Chamallas, And Robinette, John C. Goldberg, Benjamin Zipursky 2013 Harvard Law School

Civil Recourse Defended: A Reply To Posner, Calabresi, Rustard, Chamallas, And Robinette, John C. Goldberg, Benjamin Zipursky

Indiana Law Journal

American Association of Law Schools Torts & Compensation Systems Panel


Balancing Intentional Infliction Of Emotional Distress Claims And First Amendment Protections In Snyder V. Phelps, Douglas Behrens 2013 Villanova University School of Law

Balancing Intentional Infliction Of Emotional Distress Claims And First Amendment Protections In Snyder V. Phelps, Douglas Behrens

Cardozo Public Law, Policy & Ethics Journal

The article explores the delicate balance between First Amendment protections and Intentional Infliction of Emotional Distress (IIED) claims, using the Snyder v. Phelps case as a focal point. It argues that while the Supreme Court correctly ruled in favor of Westboro Baptist Church's free speech rights, the current legal framework for balancing these interests is outdated. The author proposes an "enhanced publicity test" to modernize the analysis, ensuring that speech contributing to public discourse is protected while safeguarding individuals from severe emotional harm caused by malicious speech.


Civil Recourse Theory's Reductionism, Guido Calabresi 2013 Yale Law School

Civil Recourse Theory's Reductionism, Guido Calabresi

Indiana Law Journal

American Association of Law Schools Torts & Compensation Systems Panel


Two Roads Diverge For Civil Recourse Theory, Christopher J. Robinette 2013 Widener University School of Law

Two Roads Diverge For Civil Recourse Theory, Christopher J. Robinette

Indiana Law Journal

American Association of Law Schools Torts & Compensation Systems Panel


Accidental Suicide Pacts And Creditor Collective Action Problems: The Mortgage Mess, The Deadweight Loss, And How To Get The Value Back, Robert C. Hockett 2013 Cornell Law School

Accidental Suicide Pacts And Creditor Collective Action Problems: The Mortgage Mess, The Deadweight Loss, And How To Get The Value Back, Robert C. Hockett

Cornell Law Faculty Publications

Sustained economic recovery will remain elusive in America, post-crash, until principal is reduced on some 10-13 million underwater home mortgage loans across the nation. Yet in the case of privately securitized loans, these write-downs are all but impossible to carry out on the requisite scale because bubble-era securitization contracts, which now effectively function as suicide pacts among bondholders, would require collective action by millions of geographically dispersed passive investors in order to authorize write-downs or sales out of securitization trusts. The solution, this article suggests, is for state and municipal governments to use their eminent domain powers to buy up …


Instrumental And Noninstrumental Theories Of Tort Law, Richard A. Posner 2013 University of Chicago Law School

Instrumental And Noninstrumental Theories Of Tort Law, Richard A. Posner

Indiana Law Journal

American Association of Law Schools Torts & Compensation Systems Panel


Norfolk’S Flooding Adaptation Measures: Taking Lawful Precautions Or ‘Takings’ Lawsuits?, Emilie A. Whitehurst 2013 William & Mary Law School

Norfolk’S Flooding Adaptation Measures: Taking Lawful Precautions Or ‘Takings’ Lawsuits?, Emilie A. Whitehurst

Virginia Coastal Policy Center

No abstract provided.


Overview Of A City’S Tort Liability Duties To Maintain And Protect Local Government Services From Sea Level Rise: Poquoson Case Study, Alex Horning 2013 William & Mary Law School

Overview Of A City’S Tort Liability Duties To Maintain And Protect Local Government Services From Sea Level Rise: Poquoson Case Study, Alex Horning

Virginia Coastal Policy Center

No abstract provided.


The Virginia Supreme Court’S 2012 Livingston Case: Localities And The Risk Of “Takings” Claims For Failure To Properly Maintain Flood Control Structures, Daniel Doty, Chris Olcott 2013 William & Mary Law School

The Virginia Supreme Court’S 2012 Livingston Case: Localities And The Risk Of “Takings” Claims For Failure To Properly Maintain Flood Control Structures, Daniel Doty, Chris Olcott

Virginia Coastal Policy Center

No abstract provided.


“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block 2013 William & Mary Law School

“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block

Virginia Coastal Policy Center

No abstract provided.


Battle For Disclosure Tort, Jared A. Wilkerson 2013 William & Mary Law School

Battle For Disclosure Tort, Jared A. Wilkerson

W&M Law Student Publications

Legal scholars guided the creation and development of privacy torts, including what would become known as the disclosure tort, for about seventy-five years (1890-1965), a period in which most states came to recognize a common law or statutory right to privacy. Since then, scholarly attempts to curb or modify the tort have yielded little. This Article-beginning with the formalism-realism debate won by Brandeis, Pound, and Prosser and ending with modern experts--shows that notwithstanding enormous efforts by contemporary legal academics, would-be reformers of the disclosure tort have not budged it since Prosser's Restatement (Second). The Article presents both a lesson and …


Thresholds Of Actionable Mental Harm In Negligence: A Policy-Based Appraisal, Louise Bélanger-Hardy 2013 University of Ottawa

Thresholds Of Actionable Mental Harm In Negligence: A Policy-Based Appraisal, Louise Bélanger-Hardy

Dalhousie Law Journal

Common law courts, in Canada and elsewhere, currently insist on proof of a recognizable psychiatric illness (RPI) before granting damages to plaintiffs seeking compensation for stand-alone mental harm caused by negligent acts. This article argues that the time has come to revisit this well-entrenched principle. The inquiry focuses specifically on the policy concerns underlying the current rule. As a first step, policy considerations for and against limiting the extent of actionable mental harm are canvassed and assessed. The author concludes that some of the perceived advantages of the RPI rule, in particular predictability,are debatable and that insistence on the traditional …


Digital Commons powered by bepress