Category Archives: Personal Injuries
Citera and Steiner, ‘Prescription for Failure: Public Nuisance Claims Against the Opioid Industry’
ABSTRACT Opioids have been used both medicinally and recreationally since ancient times. While their recreational functions have long since been denounced, their medicinal value remains legitimate. Yet, since the pain management revolution began in the mid-1990s, many Americans have become opioid-dependent – fueling an illicit drug market and costing many lives. The tragedy that is […]
Silvie Rohr, ‘Corporate Purpose: A Management Concept and the Role of Contract Design’
ABSTRACT In light of systemic crises such as global warming and human rights violations in business operations, the call for reevaluating corporate conduct has become more pressing than ever. As these challenges intensify, a growing consensus advocates for a shift away from shareholder profit maximization towards a more holistic stakeholder governance model. Yet, the question […]
Elizabeth Chambliss, ‘Rural Legal Markets’
ABSTRACT Research on rural access to justice tends to appeal to a romantic conception of rural lawyers as accessible generalists who serve the public through pro bono, low bono, and community service, and some characterize rural private practice as public interest work. Many commentators call for programs to attract law graduates to rural locations and […]
Susanna Kim Ripken, ‘Corporate Civil Disobedience’
ABSTRACT Classic theories of civil disobedience endorse the right of individuals to commit illegal acts to protest unjust laws and policies. Acts of civil disobedience have historically played a central role in exposing injustice and producing vital legal and social change. The literature on civil disobedience is vast; political and legal theorists have long recognized […]
Overheul, van den Bos and Rijnhout, ‘Reactions to no-fault compensation schemes for occupational diseases in the Netherlands: the role of perceived procedural justice, outcome concerns and trust in authorities’
ABSTRACT Financial redress for victims of occupational diseases can be offered through no-fault compensation schemes. No-fault compensation schemes have an explicit mission in promoting perceived fairness and justice. The objective is to offer a quick, fair and just procedure and outcome, while preventing civil court procedures and restoring trust. However, the question is whether applicants […]
‘Using Private Law to Combat Influencers’ Health Misinformation’
Leah Fowler, Max Helveston and Zoë Robinson, ‘Influencer Speech-Torts’, 113 Georgetown Law Journal (forthcoming, 2025), available at SSRN (August 22, 2024). The spread of disinformation is one of the most pressing problems facing society today. Lawmakers, policymakers, and researchers have focused on how disinformation disrupts political discourse and undermines democratic processes, threatens global security by […]
Anatoliy Lytvynenko, ‘Recovery of Damages for Mental Anguish Relating to Death Grief: the Jurisprudence of Certain Common Law Jurisdictions’
ABSTRACT Courts in Common Law jurisdictions usually did not grant the recovery of damages for mental suffering unaccompanied with a physical injury or other wrong until the late 19th century. However, the given maxim changed when American courts allowed recovering damages for mental suffering in cases of improper delivery (or non-delivery) of telegraph messages, which […]
Lindsey, Doyle and Wazynska-Finck, ‘Securing therapeutic justice through mediation: the challenge of medical treatment disputes’
ABSTRACT This paper explores the use of mediation in medical treatment disputes through the lens of therapeutic justice (TJ), a concept developed in the 1990s to consider the therapeutic and anti-therapeutic effects of justice systems. The paper argues that mediation may be a mechanism for achieving therapeutic effects for people involved in medical treatment disputes. […]
Clark Hobson, ‘Still No(,) More Bolam Please: McCulloch and others v Forth Valley Health Board’
ABSTRACT McCulloch v Forth Valley Health Board concerned an allegation of negligence, in failing to consider treating pericarditis with non-steroidal anti-inflammatory drugs as a reasonable alternative treatment and not discussing this option with the patient. Montgomery v Lanarkshire Health Board held that a medical professional must disclose to a patient material risks and any reasonable […]
Patrick Garon-Sayegh, ‘Analysis of medical malpractice claims to improve quality of care: Cautionary remarks’
ABSTRACT Medical malpractice claims can be analysed to gain insights aimed at improving quality of care. However, using medical malpractice claims in medical research raises epistemological and methodological concerns related to certain features of the litigation process. Medical research should therefore approach medical malpractice claims with caution. Taking one recent study as a an example, […]