Category Archives: Tort Law

Lawrence A. Cunningham, Traditional Versus Economic Analysis: Evidence from Cardozo and Posner Torts Opinions

62 Fla. L. Rev. 667 (2010) | | | | CASE COMMENT ::This Article contributes a new approach and evidence to the longstanding debate concerning the relative merits of traditional legal analysis compared to contemporary economic analysis of law. Proponents … Continue reading

Posted in Constitutional Law, Healthcare Law, Jurisprudence, Tort Law, Uncategorized | Tagged , , , , , , , , , , , , | Comments Off

Brent Steinberg, The Graves Amendment: Putting to Death Florida’s Strict Vicarious Liability Law

62 Fla. L. Rev. 795 (2010) | | | | CASE COMMENT :: Ethan Ruby, a twenty-five-year-old Wall Street trader and former college athlete, was crossing Delancy Street in Manhattan when the driver of a Budget rental vehicle ran a … Continue reading

Posted in Constitutional Law, Insurance Law, Liability Law, Tort Law, Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off

William Smith, Florida Premises Liability on Easements of Way: Liability for Injuries to Third Parties

62 Fla. L. Rev. 829 (2010) | | | | CASE COMMENT ::Imagine for a moment that you are the proud homeowner of a single-family home in Florida. Now imagine that you and three neighboring homeowners share a private driveway … Continue reading

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John C. Jeffries Jr., What’s Wrong with Qualified Immunity

62 Fla. L. Rev. 851 (2010) | | | | INTRODUCTION :: Qualified immunity protects government officers from damages liability for violating constitutional rights. It does not constrain injunctions, exclusion of evidence, or the defensive assertion of rights in government … Continue reading

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Steven Hetcher, The Kids Are Alright: Applying a Fault Liability Standard to Amateur Digital Remix

62 Fla. L. Rev. 1275 (2010) | | | | INTRODUCTION :: The term “remix” is used mainly in a digital context, although there is nothing inherently digital about remix. For instance, fan fiction, a widely discussed form of remix, … Continue reading

Posted in Communications Law, Computer & Internet Law, Copyright Law, Property Law, Tort Law, Uncategorized | Tagged , , , , , , , , , , , , , , , | Comments Off

Benjamin J. Steinberg, Discounted Medical Bills and Conflicting Applications of Florida Statutes §768.76 as A Rule of Evidence

62 Fla. L. Rev. 1431 (2010) | | | | INTRODUCTION :: Marcie was a loving mother and a hard worker. But all of this was stripped away in an instant. Marcie lost both her daughter and her ability to … Continue reading

Posted in Computer & Internet Law, Criminal Law, Evidence, Internet Law, Media Law, Tort Law, Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off