Vicarious liability against university and coach.
Kenneth Kavanagh v. Trustees of Boston University 795 N.E.2d 1170 (Mass. 2003) September 19, 2003 On December 22, 1998, Boston University (BU) hosted a men's intercollegiate basketball game against Manhattan College. Kenneth Kavanagh, a member of the Manhattan College team, was injured following...

Pure economic loss claims.
"Pure economic loss" has been defined as "a diminution of worth incurred without any physical injury to any asset of the plaintiff." (A.G. Ont. v. Fatehi 1984) The law of negligence is the most important and best known part of the whole subject of tort law. Negligence...

The jurisprudence of the PLRA: inmates as "outsiders" and the countermajoritarian difficulty.
"[J]udicial intervention is indispensable if constitutional dictates--not to mention considerations of basic humanity-are to be observed in the prisons." (1) "[The federal courts are] havens of refuge for those who might otherwise suffer because they are helpless, weak, outnumbered, or because they are non-conforming victims of prejudice...

The defamation of choice-of-law in cyberspace: countering the view that the restatement (second) of conflict of laws is inadequate to navigate the borderless reaches of the intangible frontier.
So she sat on, with closed eyes, and half believed herself in Wonderland, though she knew she had but to open them again and all would change to dull reality.... --Lewis Carroll (1) I. INTRODUCTION: THE DEFAMATION OF THE RESTATEMENT (SECOND) OF CONFLICT OF LAWS...

Role of the courts: hand-in-hand with legislatures, the other main law-making body in a democracy is the court.
To many Canadians, this may sound like a novel and recent suggestion. Certainly, there are some in our society who seem to believe that it is only since the introduction of the Canadian Charter of Rights and Freedoms that judges have taken on a law-making function. However, a brief...

Development: a public risk.
Municipal development decisions have become a treacherous field of land mines. It's now common for a lawsuit claiming a violation of constitutional rights to follow any adverse decision affecting the developer or landowner, even if the decision is justified. The increase in litigation has two potential sources:...

Recent developments in admiralty law in the United States Supreme Court, the Fifth Circuit, and the Eleventh Circuit.
TABLE OF CONTENTS I. FEDERALISM IN MARITIME LAW A Yamaha Motor Corp. v. Calhoun B. American Dredging Co. v. Lambert C. Baris v. Sulpicio Lines, Inc. D. Wagner v. McDermott, Inc. II. COMPARATIVE FAULT A. Exxon Co.,...

The Comprehensive Environmental Response, Compensation, and Liability Act: the correct paradigm of strict liability and the problem of individual causation.
I. INTRODUCTION The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, ("CERCLA")(1) does not expressly impose strict liability. Rather, CERCLA provides generally in the definitional section that "the terms `liable' or `liability' under this subchapter shall be construed to be the standard...

Environmental stigma damages: speculative damages in environmental tort cases.
INTRODUCTION Courts across the United States are recognizing a new cause of action that allows property owners to recover the diminution in property values resulting from environmental Stigma that accompanies the contamination of their properties.(1) The recoveries are predicated upon the public's negative perceptions about, and unsubstantiated...

Section 1983 civil liability of prison officials for denying and delaying medication and drugs to prison inmates.
Not much is known about prison health care, except that prisons are required to provide adequate care for the "serious medical needs" of inmates.(1) Historical depictions of prison health care portray an ineffectual system plagued by ineptness and callousness.(2) Even worse than poor management, the checkered past of prison health...