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- Digital repository featuring a searchable,online collection of scholarly legal research and information
- Digital repository featuring a searchable, online collection of scholarly research and information
Recent Submissions
Stuck Inside These Four Walls: Recognition of Sick Building Syndrome Has Laid the Foundation to Raise Toxic Tort Litigation to New Heights C
(1995) Heady, Gene J.
The author examines the emerging legal framework surrounding Sick Building Syndrome (SBS) and its implications for toxic tort claims. The article explores how the growing acknowledgment of SBS has influenced public awareness and legal standards related to indoor air quality and environmental health. By analyzing recent case law and legislative developments, the author highlights the challenges plaintiffs face in proving causation and establishing liability in SBS-related litigation. The discussion emphasizes the potential for SBS to serve as a catalyst for broader toxic tort claims, addressing issues of corporate responsibility and public safety. Ultimately, the article advocates for enhanced legal protections and clearer guidelines to support victims of toxic exposure in built environments.
42 U.S.C. 1983 and Social Worker Immunity: A Cause of Action Denied
(1995) Gifford, Eric P.
This article explores the limitations of legal recourse available to individuals claiming harm due to social worker actions under the Civil Rights Act. The article critically examines the application of qualified immunity for social workers in the context of 42 U.S.C. § 1983, highlighting the challenges plaintiffs face in proving constitutional violations. Through a review of relevant case law, the author discusses the implications of this immunity on accountability and the protection of civil rights in social services. The analysis raises concerns about the potential for abuses of power and the erosion of public trust in social welfare systems. Ultimately, the article advocates for a reassessment of immunity standards to better balance the protection of social workers with the rights of individuals they serve.
What's It Worth - The Patient-Litigant Exception Whittles Away at the Physician-Patient and Mental Health Information Privileges: R.K., M.D. v. Ramirez
(1995) Matney, John
The author examines the implications of the R.K., M.D. v. Ramirez case on the confidentiality of physician-patient and mental health information. The article discusses the patient-litigant exception, which allows for the disclosure of privileged information when a patient initiates legal action, potentially undermining the foundational principles of medical confidentiality. The article critiques the court's reasoning and the broader impact of this exception on patient trust and the therapeutic relationship. Through an analysis of legal precedents and ethical considerations, the article highlights the tension between legal rights and patient privacy. Ultimately, the author calls for a reevaluation of the exception to better protect sensitive health information in the context of litigation.
The Plague of Medical Malpractice in Public Hospitals - Texas Adopts a New Standard for Determining Whether a Doctor Has Official Immunity: Kassen v. Hatley
(1995) Brandt, Jennifer D.
In "The Plague of Medical Malpractice in Public Hospitals - Texas Adopts a New Standard for Determining Whether a Doctor Has Official Immunity: Kassen v. Hatley," Jennifer D. Brandt analyzes the evolving landscape of medical malpractice liability for public hospital physicians in Texas. The article focuses on the landmark case Kassen v. Hatley, which established a new standard for determining official immunity for doctors practicing in public facilities. Brandt examines the implications of this ruling for both healthcare providers and patients, highlighting concerns about accountability and access to justice in public hospitals. Through a detailed discussion of the legal standards set forth in the case, the author critiques the balance between protecting medical professionals and ensuring patient safety. Ultimately, the article advocates for a nuanced approach that addresses the challenges posed by medical malpractice while safeguarding the rights of patients.
ISHTAR (Inner Shelf Transfer and Recycling).
(1982-09) McRoy, C. Peter; Inner Shelf Transfer and Recycling (Project); National Science Foundation (U.S.); University of Alaska Fairbanks. Institute of Marine Science