Aviation Litigation: Federal Preemption And The Creation Of A Federal Remedy As A Means To Extinguish The Current Confusion In The Courts,
2013
Pepperdine University
Aviation Litigation: Federal Preemption And The Creation Of A Federal Remedy As A Means To Extinguish The Current Confusion In The Courts, Deborah J. Olsen
Pepperdine Law Review
No abstract provided.
Hubbard V. Boelt: The Fireman's Rule Extended ,
2013
Pepperdine University
Hubbard V. Boelt: The Fireman's Rule Extended , Marty K. Deniston
Pepperdine Law Review
The California Supreme Court, in Hubbard v. Boelt, extended the reach of the fireman's rule to bar a suit brought by a policeman who was injured by the willful and wanton conduct of a speeding motor is while pursuing that motorist. This is an important development in tort law because, traditionally, the fireman's rule had only been applied to bar suits by firemen and policemen who were injured by the negligent conduct of another which was the cause of their presence at the scene. This author suggests that the majority's rationale underlying this extension was flawed because of the fundamental …
The Supreme Court Continues Its Journey Down The Ever Narrowing Paths Of Section 1983 And The Due Process Clause: An Analysis Of Parratt V. Taylor,
2013
Pepperdine University
The Supreme Court Continues Its Journey Down The Ever Narrowing Paths Of Section 1983 And The Due Process Clause: An Analysis Of Parratt V. Taylor, Robert E. Palmer
Pepperdine Law Review
After nearly a century of quiet slumber, the Supreme Court awoke the sleeping giant. In the past two decades, 42 U.S.C. §1983 has evolved into a judicial Frankenstein monster. Unable to control the beast, the Court has attempted to restrict the creature's movements by unnecessarily limiting its constitutional source. If followed to its logical conclusion, the Court's narrow reading of the Constitution may ultimately demote all due process violations to state tort remedies. This note traces the legislative and judicial evolution of section 1983 as well as the statute's present interaction with the due process clause. The vehicle for this …
Fixing The Vaccine Act's Structural Moral Hazard,
2013
Pepperdine University
Fixing The Vaccine Act's Structural Moral Hazard, Brandon L. Boxler
Pepperdine Dispute Resolution Law Journal
The article presents information on the Vaccine Injury Compensation Program. It discusses the U.S. Federal circuit case Hazlehurst v. Sec'y of Health & Human Servs., in which lawsuit against the defendant was filed by the plaintiff who sought claims against the liability of product to recover damages for alleged injuries which his son had received from vaccines. It also provides information on the structural moral hazard of the program which devolves it into a litigious adjudicatory process.
Constitutional Considerations: Government Responsibility And The Right Not To Be A Victim ,
2013
Pepperdine University
Constitutional Considerations: Government Responsibility And The Right Not To Be A Victim , Richard L. Aynes
Pepperdine Law Review
Within a democratic society, citizens are provided with certain rights and liberties. Among those rights and liberties is the right not to be a victim. In this article, the author examines and analyzes the growing concern for the protection of victims of crimes. Recent legislative enactments have been designed to alter the role of the victim in the civil and criminal justice systems by defining and implementing a series of "victims' rights." The author concludes by recognizing that one of the most important duties of government is to provide for the physical safety of those within its jurisdiction. To implement …
The Tort Foundation Of Duty Of Care And Business Judgment,
2013
University of Florida Levin College of Law
The Tort Foundation Of Duty Of Care And Business Judgment, Robert J. Rhee
UF Law Faculty Publications
This Article corrects a misconception in corporation law – the belief that principles of tort law do not apply to the liability scheme of fiduciary duty. A board’s duty of care implies exposure to liability, but the business judgment rule precludes it. Tort law finds fault; corporation law excuses it. The conventional wisdom says that the tort analogy fails. This dismissal of tort prinicples is wrong. Although shareholder derivative suits and ordinary tort cases properly yield systemically antipodal outcomes, they are bound by a common analytical framework. The principles of board liability are rooted in tort doctrines governing duty, customs, …
The Impact Of Medical Liability Standards On Regional Variations In Physician Behavior: Evidence From The Adoption Of National-Standard Rules,
2013
Cornell Law School
The Impact Of Medical Liability Standards On Regional Variations In Physician Behavior: Evidence From The Adoption Of National-Standard Rules, Michael Frakes
Cornell Law Faculty Publications
I explore the association between regional variations in physician behavior and the geographical scope of malpractice standards of care. I estimate a 30-50 percent reduction in the gap between state and national utilization rates of various treatments and diagnostic procedures following the adoption of a rule requiring physicians to follow national, as opposed to local, standards. These findings suggest that standardization in malpractice law may lead to greater standardization in practices and, more generally, that physicians may indeed adhere to specific liability standards. In connection with the estimated convergence in practices, I observe no associated changes in patient health. (JEL …
The Manville Corporation Bankruptcy: An Abuse Of The Judicial Process?,
2013
Pepperdine University
The Manville Corporation Bankruptcy: An Abuse Of The Judicial Process?, Mark Kunkler
Pepperdine Law Review
Federal bankruptcy law offers a refuge to the honest debtor who is unable to pay his creditor's when his debts are due. Here, the twin aims of bankruptcy law, to give the debtor a fresh start and to provide roughly equal treatment for his! Creditors, are laudably accomplished. But what policies support the use of federal bankruptcy law when the "debtor" is in fact solvent and apparently seeks refuge only to escape liability for the products it manufactures? This comment examines the recent filing of the Manville Corporation for Chapter 11 protection under bankruptcy law with this question in mind.
Liability Cure-All For Insidious Disease Claims,
2013
Pepperdine University
Liability Cure-All For Insidious Disease Claims, Susan Frankewich
Pepperdine Law Review
Recent decisions handed down in various circuits have created virtual chaos in predicting the liability and damage amounts of insidious disease claims. At least three substantially divergent theories have been adopted to impute liability to the manufacturers of the disease catalysts. Additionally, a new trust fund concept has been used on a limited basis to reconcile differences in court decisions. The trust fund approach is relatively flexible and simple to apply in apportioning damages for insidious disease claims. The author examines and analyzes these three liability theories. In conclusion, the adoption of the trust fund concept is recommended.
The Right Of Publicity: "You Can't Take It With You",
2013
Pepperdine University
The Right Of Publicity: "You Can't Take It With You", Timothy C. Williams
Pepperdine Law Review
The "right of publicity," a progeny of the right to privacy, has evolved into a valuable property right of the rich and famous. However, indecisive courts and disinterested legislatures have failed to arrive at any consensus on whether the "right of publicity" should be descendible and inheritable upon its owner's death. This comment seeks to evaluate the sundry arguments and policies concerning this issue, and to advocate a freely descendible 'right of publicity."
Medical Malpractice: The Right To Recover For The Loss Of A Chance Of Survival,
2013
Pepperdine University
Medical Malpractice: The Right To Recover For The Loss Of A Chance Of Survival, Patricia L. Andel
Pepperdine Law Review
Traditionally, a plaintiff suffering from misdiagnosis has been precluded from recovery unless he could show that "but for" the misdiagnosis he would have had a better-than-even chance of recovery. While many courts have attempted to avoid this doctrine by reducing the standard of causation, this has led to inconsistent results. The better approach is to recognize that a "chance" of recovery has a compensable value in and of itself This comment will explore the concept of loss of a chance and trace its development as it relates to medical malpractice actions.
Negligent Infliction Of Emotional Distress: New Tort Problem For The Mass Media,
2013
Pepperdine University
Negligent Infliction Of Emotional Distress: New Tort Problem For The Mass Media, Robert E. Drechsel
Pepperdine Law Review
Negligent infliction of emotional distress is becoming an increasingly popular cause of action to be utilized against media defendants. This article begins by tracing the development of the tort and explaining its central elements through cases involving mass media defendants. It studies the relationship between negligent infliction and the torts of libel, invasion of privacy, and intentional infliction of emotional distress. After considering the appropriate balance between expression and emotional tranquility, it is concluded that negligent infliction actions present an ominous threat to the free flow of expression. Sound policy considerations, flowing in part from the first amendment, dictate that …
In Search Of Adequate Compensation For Toxic Waste Injuries: Who And How To Sue ,
2013
Pepperdine University
In Search Of Adequate Compensation For Toxic Waste Injuries: Who And How To Sue , David W. Duce
Pepperdine Law Review
No abstract provided.
The Liability Of Providers Of Alcohol: Dram Shop Acts?,
2013
Pepperdine University
The Liability Of Providers Of Alcohol: Dram Shop Acts?, Emery J. Mishky
Pepperdine Law Review
No abstract provided.
Air Bag Litigation: Plaintiffs, Start Your Engines,
2013
Pepperdine University
Air Bag Litigation: Plaintiffs, Start Your Engines, Frank Waters
Pepperdine Law Review
No abstract provided.
California Code Of Civil Procedure Sections 877, 877.5 And 877.6: The Settlement Game In The Ballpark That Tech-Bilt,
2013
Pepperdine University
California Code Of Civil Procedure Sections 877, 877.5 And 877.6: The Settlement Game In The Ballpark That Tech-Bilt, Emery J. Mishky, Robert Tessier, Patrick G. Vastano
Pepperdine Law Review
No abstract provided.
A Duty To Rescue: The Good, The Bad And The Indifferent—The Bystander's Dilemma,
2013
Pepperdine University
A Duty To Rescue: The Good, The Bad And The Indifferent—The Bystander's Dilemma, Claire Elaine Radcliffe
Pepperdine Law Review
No abstract provided.
Intentional Infliction: Should Section 46 Be Revised?,
2013
Pepperdine University
Intentional Infliction: Should Section 46 Be Revised?, Willard H. Pedrick
Pepperdine Law Review
No abstract provided.
Easton: The Birth Of Negligence In Real Estate Broker-Purchaser Relationships,
2013
Pepperdine University
Easton: The Birth Of Negligence In Real Estate Broker-Purchaser Relationships, Gilbert A. Partida
Pepperdine Law Review
No abstract provided.
The Evolving Doctrine Of Union Liability For Health And Safety In The Workplace. Warning: Collective Bargaining Can Be Hazardous To Your Union's Health,
2013
Pepperdine University
The Evolving Doctrine Of Union Liability For Health And Safety In The Workplace. Warning: Collective Bargaining Can Be Hazardous To Your Union's Health, Jeffrey S. Wohlner
Pepperdine Law Review
No abstract provided.
