Newsroom: Logan On Kenneth Feinberg 03-12-2016,
2016
Roger Williams University
Newsroom: Logan On Kenneth Feinberg 03-12-2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Discrimination And Business Regulation,
2016
Touro Law Center
Discrimination And Business Regulation, Eileen Kaufman
Touro Law Review
No abstract provided.
Can Negligent Referral To Another Attorney Constitute Legal Malpractice?,
2016
Touro University Jacob D. Fuchsberg Law Center
Can Negligent Referral To Another Attorney Constitute Legal Malpractice?, Barry R. Temkin
Touro Law Review
No abstract provided.
The Latest Word From The Supreme Court On Punitive Damages,
2016
Touro Law Center
The Latest Word From The Supreme Court On Punitive Damages, Leon D. Lazer
Touro Law Review
No abstract provided.
Industrial Accidents, Natural Disasters And "Act Of God",
2016
Maastricht University
Industrial Accidents, Natural Disasters And "Act Of God", Michael Faure, Liu Jing, Andri G. Wibisana
Georgia Journal of International & Comparative Law
No abstract provided.
Attorney’S Fees, Nominal Damages, And Section 1983 Litigation,
2016
University of Georgia School of Law
Attorney’S Fees, Nominal Damages, And Section 1983 Litigation, Thomas A. Eaton, Michael Wells
Scholarly Works
Can plaintiffs recover attorney’s fees under 42 U.S.C. § 1988 when they establish constitutional violations but recover only nominal damages or low compensatory damages? Some federal appellate courts have concluded that no fee, or a severely reduced fee, should be awarded in such circumstances. This position, which we call the “low award, low fee” approach, rests primarily on the Supreme Court’s 1992 opinion in Farrar v. Hobby.
We argue that a “low award, low fee” approach is misguided for two main reasons. First, the majority opinion in Farrar is fragmented and the factual record is opaque regarding what and how …
An Intentional Tort Theory Of Patents,
2016
Texas A&M University School of Law
An Intentional Tort Theory Of Patents, Saurabh Vishnubhakat
Faculty Scholarship
This Article challenges the dogma of U.S. patent law that direct infringement is a strict liability tort. Impermissibly practicing a patented invention does create liability even if the infringer did not intend to infringe or know about the patent. The consensus is that this is a form of strict liability. The flaw in the consensus is that it proves too little, for the same is true of intentional torts: intent to commit the tort is unnecessary, and ignorance of the legal right is no excuse. What is relevant is intent to perform the action that the law deems tortious. So …
Behind The Curtain Of Tort Reform,
2016
Brigham Young University Law School
Behind The Curtain Of Tort Reform, Roland Christensen
BYU Law Review
No abstract provided.
Nevada Dep’T Of Trans. V. Eighth Judicial Dist. Ct., 132 Nev. Adv. Op. 10 (Feb. 25, 2016),
2016
Nevada Law Journal
Nevada Dep’T Of Trans. V. Eighth Judicial Dist. Ct., 132 Nev. Adv. Op. 10 (Feb. 25, 2016), F. Shane Jackson
Nevada Supreme Court Summaries
The Court considered a petition for a writ of mandamus challenging a district court order denying a motion to dismiss. Petitioner Nevada Department of Transportation (“NDOT”) sought dismissal of a professional negligence claim filed against it on grounds that the complaint was not accompanied by an attorney affidavit and expert report as required by NRS 11.258, and when the court denied NDOT’s motion, it filed the instant petition. The Court denied the petition, holding that NDOT is not a design professional under NRS 11.2565(1)(a), and therefore the requirements of NRS 11.258 are inapplicable to NDOT since the action would not …
With Malice Toward One? – Defining Nondischargeability Of Debts For Willful And Malicious Injury Under Section 523(A)(6) Of The Bankrupcy Code,
2016
William & Mary Law School
With Malice Toward One? – Defining Nondischargeability Of Debts For Willful And Malicious Injury Under Section 523(A)(6) Of The Bankrupcy Code, Theresa J. Pulley Radwan
William & Mary Business Law Review
The federal bankruptcy system strikes a balance between the rights of debtors seeking a fresh start and the rights of creditors seeking repayment for debt. While many areas of the Bankruptcy Code provide examples of this balancing act, perhaps no area of the Code embodies this balance better than discharge of debt. Discharge of debt provides the fresh start for debtors on which the bankruptcy system rests, but the Code also protects the interests of creditors who would otherwise have their claims against the debtor discharged.
Section 523(a)(6) excepts from discharge any debt for willful and malicious injury by the …
Community Versus Market Values Of Life,
2016
William & Mary Law School
Community Versus Market Values Of Life, Robert Cooter, David Depianto
William & Mary Law Review
Individuals and communities make choices affecting the risk of accidental death. Individuals balance risk and cost in market choices, for example, by purchasing costly safety products or taking a dangerous job for higher pay. Communities balance risk and cost through social norms of precaution, which prescribe how much risk people may impose on others and on themselves. For example, social norms dictate that bicyclists should wear helmets and automobile passengers should wear seat belts. In both cases, the balance between the fatality risk and the cost of reducing it reveals an implicit value of a statistical life, or VSL an …
Symposium, Products Liability-The Interagency Task Force "Blueprint" For Reforming Product Liability Tort Law In The United States,
2016
University of Georgia School of Law
Symposium, Products Liability-The Interagency Task Force "Blueprint" For Reforming Product Liability Tort Law In The United States, Duane J. Gingerich
Georgia Journal of International & Comparative Law
No abstract provided.
Symposium, Products Liability-Negligence Or Strict Product Liability: Is There Really A Difference In Law Or Economics?,
2016
The American University
Symposium, Products Liability-Negligence Or Strict Product Liability: Is There Really A Difference In Law Or Economics?, Reynolds M. Sachs
Georgia Journal of International & Comparative Law
No abstract provided.
Symposium, Products Liability-Strict Products Tort Liability In Georgia: Smudging A Clean Slate,
2016
University of Georgia School of Law
Symposium, Products Liability-Strict Products Tort Liability In Georgia: Smudging A Clean Slate, R. Perry Sentell Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Trending @ Rwu Law: Professor Tanya Monestier's Post: Is Corporate Registration A Proper Basis For General Jurisdiction?: 02-09-2016,
2016
Roger Williams University School of Law
Trending @ Rwu Law: Professor Tanya Monestier's Post: Is Corporate Registration A Proper Basis For General Jurisdiction?: 02-09-2016, Tanya Monestier
Law School Blogs
No abstract provided.
The Affordable Care Act Is Not Tort Reform,
2016
The Catholic University of America, Columbus School of Law
The Affordable Care Act Is Not Tort Reform, Andrew F. Popper
Catholic University Law Review
On March 23, 2010, President Obama signed The Patient Protection and Affordable Care Act (PPACA). Prior to the enactment of the PPACA, Congress held several hearings focused on subrogation and relaxation of collateral source restrictions as well as caps on damages in an effort to promote tort reform. While the ACA included provisions on medical liability reform, the suggested tort reform was thwarted, and the ACA had no actual legal effect on limiting medical malpractice liability. This article argues that the reality is that the PPACA has done nothing to change the admissibility of collateral sources nor has it enhanced …
No Better Instrument: The Necessity Of Notice And An Opportunity To Be Heard And The Due Process Deficiencies Of Nuisance Abatement,
2016
Benjamin N. Cardozo School of Law
No Better Instrument: The Necessity Of Notice And An Opportunity To Be Heard And The Due Process Deficiencies Of Nuisance Abatement, Elise Bernlohr
Cardozo Law Review
No abstract provided.
Newsroom: Monestier On Settlement Agreements,
2016
Roger Williams University
Newsroom: Monestier On Settlement Agreements, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Requiring Plaintiffs To Prove Irreparable Harm: “It Isn’T Right.” (Herb Reed Enters, Llc V. Fla Entm’T Mgmt. Inc. (9th Cir.2013)),
2016
Student and Senior Editor for IPCLJ (2015-2016), University of Cincinnati College of Law
Requiring Plaintiffs To Prove Irreparable Harm: “It Isn’T Right.” (Herb Reed Enters, Llc V. Fla Entm’T Mgmt. Inc. (9th Cir.2013)), Anthony Kremer
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Discrimination Law: The New Franken-Tort,
2016
University of Cincinnati College of Law
Discrimination Law: The New Franken-Tort, Sandra F. Sperino
Faculty Articles and Other Publications
This article was part of the Clifford Symposium in Tort Law. The article discusses how the Supreme Court has used tort law to define certain elements of discrimination law, but has not described all of the elements of this new tort. The article is the first one to try to piece together the new "tort" created by the Supreme Court.
