Reshaping The Traditional Limits Of Affirmative Duties Under The Third Restatement Of Torts, 44 J. Marshall L. Rev. 319 (2011),
2011
UIC School of Law
Reshaping The Traditional Limits Of Affirmative Duties Under The Third Restatement Of Torts, 44 J. Marshall L. Rev. 319 (2011), Victor E. Schwartz, Christopher E. Appel
UIC Law Review
No abstract provided.
Tort Reform And Implied Conflict Preemption, 44 J. Marshall L. Rev. 827 (2011),
2011
UIC School of Law
Tort Reform And Implied Conflict Preemption, 44 J. Marshall L. Rev. 827 (2011), Martin A. Kotler
UIC Law Review
No abstract provided.
Suicide Causation Experts In Teen Wrongful Death Claims: Will They Assist The Trier Of Fact?, 45 J. Marshall L. Rev. 51 (2011),
2011
UIC School of Law
Suicide Causation Experts In Teen Wrongful Death Claims: Will They Assist The Trier Of Fact?, 45 J. Marshall L. Rev. 51 (2011), Andrea Maciver
UIC Law Review
No abstract provided.
Reforming Public Interest Tort Law To Redress Public Health Epidemics,
2011
University of Maryland Francis King Carey School of Law
Reforming Public Interest Tort Law To Redress Public Health Epidemics, Michael L. Rustad, Thomas H. Koenig
Journal of Health Care Law and Policy
No abstract provided.
Altered Standards Of Care: Needed Reform For When The Next Disaster Strikes,
2011
University of Maryland Francis King Carey School of Law
Altered Standards Of Care: Needed Reform For When The Next Disaster Strikes, Rebecca Mansbach
Journal of Health Care Law and Policy
No abstract provided.
Expectations In Tort,
2011
University of South Carolina - Columbia
Debate: The Future Of Mass Torts,
2011
University of Miami School of Law
Debate: The Future Of Mass Torts, Sergio J. Campos, Howard M. Erichson
Articles
No abstract provided.
The Case Against Preemption: Vaccines & Uncertainty,
2011
University of Kentucky College of Law
The Case Against Preemption: Vaccines & Uncertainty, Mary J. Davis
Law Faculty Scholarly Articles
This article begins with a brief recap of the state of current preemption doctrine and how it governs the interaction of federal regulation of product manufacturers and state tort actions related to the actions of those manufacturers. Second, the article provides observations on how that doctrine might apply to vaccine injury litigation. Bruesewitz v. Wyeth, Inc. involves the preemptive scope of the Vaccine Act and the unique compensation system Congress created to respond to vaccine injuries. Bruesewitz was decided on February 22, 2011, and held that design defect claims are expressly preempted by the Vaccine Act. This article endeavors …
The Supreme Court Disposes Of A Nuisance Suit: American Electric Power V. Connecticut,
2011
Case Western University School of Law
The Supreme Court Disposes Of A Nuisance Suit: American Electric Power V. Connecticut, Jonathan H. Adler
Faculty Publications
In American Electric Power v. Connecticut the Supreme Court confronted climate change litigation for the second time. Whereas Massachusetts v. EPA was a closely divided court decision with dramatic and far-reaching legal and policy implications, AEP was a narrow, unanimous opinion that hewed closely to well-settled precedent. In AEP the Court side-stepped difficult jurisdictional questions and rejected an ambitious effort to turn the federal common law of nuisance into a judicially administered environmental regulatory regime. While not erecting any new barriers to future climate suits, the Court’s opinion raised cautions about trying to make climate change policy through the judiciary. …
Equestrian Helmet Laws And Their Effect On Equestrian Liability,
2011
University of Kentucky
Equestrian Helmet Laws And Their Effect On Equestrian Liability, Litany Webster
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Passing Off And Unfair Competition: Conflict And Convergence In Competition Law,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
Passing Off And Unfair Competition: Conflict And Convergence In Competition Law, Mary Lafrance
Scholarly Works
No abstract provided.
Good Medicine/Bad Medicine And The Law Of Evidence: Is There A Role For Proof Of Character, Propensity, Or Prior Bad Conduct In Medical Negligence Litigation?, 63 S.C. L. Rev. 367 (2011),
2011
The John Marshall Law School
Good Medicine/Bad Medicine And The Law Of Evidence: Is There A Role For Proof Of Character, Propensity, Or Prior Bad Conduct In Medical Negligence Litigation?, 63 S.C. L. Rev. 367 (2011), Marc Ginsberg
UIC Law Open Access Faculty Scholarship
No abstract provided.
Malpractice Suits And Physician Apologies In Cancer Care,
2011
University of Michigan Law School
Malpractice Suits And Physician Apologies In Cancer Care, Eugene Chung, Jill R. Horwitz, John A.E. Pottow, Reshma Jagsi
Articles
Conside the following case: The patient is a 44-year-old woman who presents for radiation treatment of an isolated locoregional recurrence of breat cancer in her chest wall, 3 years after undergoing masectomy. At the time of diagnosis, she had T2N2M0 disease, with four of 15 lymph nodes involved with tumor. She received a masectomy with negative margins and appropriate chemotherapy, but none of her physicians talked to her about postmasectomy radiation therapy, which would clearly have been indicated to reduce her risk of locoregional failure and would have been expected to improve her likelihood of survival. She asks the radiation …
Corrective Justice For Civil Recourse Theorists,
2011
University of Michigan Law School
Corrective Justice For Civil Recourse Theorists, Scott Hershovitz
Articles
Though I think the civil recourse critique of the leading conceptions of corrective justice is in some respects misguided, I do not want to join up to the thrust and parry here. My aim in this Article is to show that there is a better conception of corrective justice than the ones that Goldberg and Zipursky target, that this conception of corrective justice is untouched by the civil recourse critique, and that civil recourse is best understood as a corrective justice account of tort. In other words, I aim to explain corrective justice for civil recourse theorists.
A New Experiment On Rational Behavior,
2011
Claremont McKenna College
A New Experiment On Rational Behavior, Myles R. Macdonald
CMC Senior Theses
Behavioral economics is widely recognized as a rising field in economics, one whose discoveries and implications are not yet completed or understood. At the same time, economic theory plays an enormous role in our governmental and legal system. In particular, the Coase Theorem and its implications have affected nearly every area in the field of law and economics. This paper proposes a experimental test of Coasean bargaining in situations using two competitive players whose payoffs depend on minimizing their costs of mitigating the externality. A rational player’s action can be predicted ahead of time, and the rationality of the game’s …
Section 1983 Wrongful Death And Survival Actions In The Seventh Circuit: An Indiana Litigant's Guide To Claims After Russ V. Watts,
2011
Indiana University School of Education
Section 1983 Wrongful Death And Survival Actions In The Seventh Circuit: An Indiana Litigant's Guide To Claims After Russ V. Watts, Michelle R. Gough
Indiana Law Journal
The availability of survival and wrongful death damages in 42 U.S.C. § 1983 cases is an area that involves both changing precedent and unaddressed issues within the Seventh Circuit. In both of the aforementioned types of claims, the cases will necessarily involve the tangled application of both state and federal law, and the Seventh Circuit and other federal courts of appeals have struggled to provide a clear, coherent approach to these issues. Indeed, there is strong disagreement among the circuits. Dean Steven H. Steinglass offered the most comprehensive discussion of the nature of both types of claims under § 1983 …
The Inauthentic Claim,
2011
Benjamin N. Cardozo School of Law
The Inauthentic Claim, Anthony J. Sebok
Articles
This Article takes a critical look at the persistence of legal doctrines that prohibit or limit property rights in litigation. The Article focuses on prohibitions on assignment and maintenance. Assignment of personal injury tort claims is prohibited throughout the United States, while the assignment of other claims, such as fraud and professional malpractice, is prohibited in a large number of states. Maintenance, in which a stranger provides something of value to a litigant in order to support or promote the litigation, is prohibited in varying degrees in the United States.
These doctrines might seem quite independent of each other at …
What Role For “Women,” “Men,” And Transpeople/Intersex People In Gender Equality: A Commentary,
2011
Benjamin N. Cardozo School of Law
What Role For “Women,” “Men,” And Transpeople/Intersex People In Gender Equality: A Commentary, Edward D. Stein
Articles
This has been a very rich opening panel to what promises to be a terrific conference. The panelists' comments go in such varied directions that it is a challenge to be both a commentator and summarizer, especially when I have just a few minutes to speak. What I plan to do is say a little bit to draw together some of the themes that the panelists have been talking about that are connected to a couple of topics I have been working on while at the same time trying to look forward to some of the things I hope we …
Minnesota Negligence Law And The Restatement (Third) Of Torts: Liability For Physical And Emotional Harms,
2011
Mitchell Hamline School of Law
Minnesota Negligence Law And The Restatement (Third) Of Torts: Liability For Physical And Emotional Harms, Michael K. Steenson
Faculty Scholarship
The purpose of this article is to provide a foundation for judges and lawyers, primarily in Minnesota, who are seeking to understand how the Third Restatement’s approach to negligence law fits with Minnesota negligence law. The first Part of the article examines the approach of the Third Restatement. Because decisions in other states applying the Third Restatement will be important for courts in Minnesota and elsewhere in deciding whether to apply the Third Restatement, the second Part examines early reports on the Third Restatement in Iowa, Nebraska, Arizona, Wisconsin, Tennessee, and Delaware.
Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance, And The Persistent Problem Of Campus Peer Sexual Violence,
2011
Wayne State University
Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance, And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo
Law Faculty Research Publications
No abstract provided.
