scholarly journals The effect of allowing motorists to opt out of tort law in the United States

2005 ◽  
Vol 39 (2-3) ◽  
pp. 599-612
Author(s):  
Jeffrey O’Connell ◽  
Stephen Carroll ◽  
Alan Abrahamse ◽  
Michael Horowitz ◽  
Alexander Karan
Keyword(s):  
United States ◽  
Traffic Accidents ◽  
Tort Law ◽  
The United States ◽  
Economic Losses ◽  
Opt Out ◽  
The U.S

As applied to U.S. traffic accidents, both tort law and no-fault law are often attacked. A proposed solution would allow motorists to choose an option bypassing the inadequacies of both tort law and current U.S. no-fault laws. Actuarial estimates indicate large savings available to motorists so choosing. But as time goes on, the savings are diminished as low required limits of coverage in the U.S. meet inflation, leading not only to admittedly lessened savings but also to the anomaly of more and more motorists in non no-fault states pursuing tort rights for only economic losses.

scholarly journals The Economic Loss Rule and the Design Professional’s Liability in Texas

2016 ◽  
Vol 3 (3) ◽  
pp. 691-719
Author(s):  
Shelby Russell
Keyword(s):  
United States ◽  
Construction Industry ◽  
Construction Project ◽  
Economic Loss ◽  
Tort Law ◽  
The United States ◽  
Economic Losses ◽  
Boundary Line ◽  
Broad Applicability ◽  
Limited Class

The economic loss rule bars recovery by a party who suffers only economic loss, unaccompanied by harm to the person or property. Although the economic loss rule was developed as a way to maintain a “boundary line” between contract and tort law, the application of the rule has proven difficult because of its potential for broad applicability and inequitable results. Because of this, several jurisdictions across the United States have adopted exceptions to the general economic loss rule. One such exception is negligent misrepresentation. The negligent misrepresentation exception is outlined in section 552 of the Second Restatement of Torts. The exception provides that a person who conveys negligent information in the course of his or her business for the guidance of persons within a limited class, who then rely on that information to their detriment, are liable to those persons in tort notwithstanding the economic loss rule. Until recently, Texas law was unclear as to whether it had adopted negligent misrepresentation as a general exception to the economic loss rule. It is clear, however, that Texas has adopted an exception to the economic loss rule for professionals who provide negligent information in the course of their profession. The Court in LAN/STV v. Martin K. Eby Constr. Co. (“LAN/STV”) chose not to extend this exception to design professionals who provide negligent design plans to contractors for a construction project. This decision has received backlash by many in the construction industry as it produces inequitable results and does not extend the “professional” exception to design professionals. Texas should adopt the negligent misrepresentation exception to the economic loss rule, as applied to design professionals in the construction context, so that tort remedies are available to contractors who suffer economic losses due to their reliance on negligent plans from a design professional.

scholarly journals Etiology and epidemiology of spinal cord injury in Korea

2020 ◽  
Vol 63 (10) ◽  
pp. 589-595
Author(s):  
Heesuk Shin
Keyword(s):  
United States ◽  
Spinal Cord ◽  
Spinal Cord Injury ◽  
Traffic Accidents ◽  
Sports Injuries ◽  
Traumatic Event ◽  
Well Being ◽  
The United States ◽  
Economic Losses ◽  
Cord Injury

Acute spinal cord injury (SCI) is a catastrophic traumatic event that affects the physical and psychological well-being of individuals and results in considerable socio-economic losses. SCI is an incurable condition; therefore, prevention is critical. Thorough understanding of the epidemiology of SCI is essential to implement optimal preventive measures and effectively plan clinical services. The incidence of SCI was 54 and 40.2 cases per million population in the United States and Japan, respectively; however, national statistical data regarding SCI are unavailable in Korea. Considering that the incidence in Korea is similar to that observed in the United States or Japan, it is estimated that 2,000 to 2,500 new cases of SCI are observed in Korea annually. The male:female ratio is 3:1 to 5:1 in most countries and 3:1 in Korea. More than 50% of patients with SCI are aged <30 years at the time of the injury. However, the incidence of SCI is rapidly increasing in elderly individuals and in women. The most common causes of SCI in descending order of frequency include traffic accidents, falls, sports injuries, and violence. Incomplete injury is increasingly being observed in recent times in contrast to a higher incidence of complete injury reported previously. It is important to establish an accurate comprehensive statistical database in Korea, similar to The National Spinal Cord Injury Statistical Center, USA.

An American Language

2018 ◽  
Author(s):  
Rosina Lozano
Keyword(s):  
United States ◽  
National Policy ◽  
The United States ◽  
Spanish Language ◽  
Spanish Speakers ◽  
Language Recognition ◽  
Political Language ◽  
Political Issue ◽  
History Of ◽  
The U.S

An American Language is a political history of the Spanish language in the United States. The nation has always been multilingual and the Spanish language in particular has remained as an important political issue into the present. After the U.S.-Mexican War, the Spanish language became a language of politics as Spanish speakers in the U.S. Southwest used it to build territorial and state governments. In the twentieth century, Spanish became a political language where speakers and those opposed to its use clashed over what Spanish's presence in the United States meant. This book recovers this story by using evidence that includes Spanish language newspapers, letters, state and territorial session laws, and federal archives to profile the struggle and resilience of Spanish speakers who advocated for their language rights as U.S. citizens. Comparing Spanish as a language of politics and as a political language across the Southwest and noncontiguous territories provides an opportunity to measure shifts in allegiance to the nation and exposes differing forms of nationalism. Language concessions and continued use of Spanish is a measure of power. Official language recognition by federal or state officials validates Spanish speakers' claims to US citizenship. The long history of policies relating to language in the United States provides a way to measure how U.S. visions of itself have shifted due to continuous migration from Latin America. Spanish-speaking U.S. citizens are crucial arbiters of Spanish language politics and their successes have broader implications on national policy and our understanding of Americans.

Palestine Unbound

2018 ◽  
Vol 47 (3) ◽  
pp. 130-134
Keyword(s):  
United States ◽  
Human Rights ◽  
Task Force ◽  
The United States ◽  
Donald Trump ◽  
Tel Aviv ◽  
The Us ◽  
Intention To Move ◽  
Arab Israeli Conflict ◽  
The U.S

This section, updated regularly on the blog Palestine Square, covers popular conversations related to the Palestinians and the Arab-Israeli conflict during the quarter 16 November 2017 to 15 February 2018: #JerusalemIstheCapitalofPalestine went viral after U.S. president Donald Trump recognized Jerusalem as the capital of Israel and announced his intention to move the U.S. embassy there from Tel Aviv. The arrest of Palestinian teenager Ahed Tamimi for slapping an Israeli soldier also prompted a viral campaign under the hashtag #FreeAhed. A smaller campaign protested the exclusion of Palestinian human rights from the agenda of the annual Creating Change conference organized by the US-based National LGBTQ Task Force in Washington. And, UNRWA publicized its emergency funding appeal, following the decision of the United States to slash funding to the organization, with the hashtag #DignityIsPriceless.

The French Way

2011 ◽  
Author(s):  
Richard F. Kuisel
Keyword(s):  
United States ◽  
The United States ◽  
French Language ◽  
French Cinema ◽  
Free Markets ◽  
Technology Sector ◽  
Aids Epidemic ◽  
Political Reality ◽  
Politics And Culture ◽  
The U.S

There are over 1,000 McDonald's on French soil. Two Disney theme parks have opened near Paris in the last two decades. And American-inspired vocabulary such as “le weekend” has been absorbed into the French language. But as former French president Jacques Chirac put it: “The U.S. finds France unbearably pretentious. And we find the U.S. unbearably hegemonic.” Are the French fascinated or threatened by America? They Americanize yet are notorious for expressions of anti-Americanism. From McDonald's and Coca-Cola to free markets and foreign policy, this book looks closely at the conflicts and contradictions of France's relationship to American politics and culture. The book shows how the French have used America as both yardstick and foil to measure their own distinct national identity. France has charted its own path: it has welcomed America's products but rejected American policies; assailed Americ's “jungle capitalism” while liberalizing its own economy; attacked “Reaganomics” while defending French social security; and protected French cinema, television, food, and language even while ingesting American pop culture. The book examines France's role as an independent ally of the United States, but he also considers the country's failures in influencing the Reagan, Bush, and Clinton administrations. Whether investigating France's successful information technology sector or its spurning of American expertise during the AIDS epidemic, the book asks if this insistence on a French way represents a growing distance between Europe and the United States or a reaction to American globalization. Exploring cultural trends, values, public opinion, and political reality, this book delves into the complex relationship between two modern nations.

Latino Catholicism

2011 ◽  
Author(s):  
Timothy Matovina
Keyword(s):  
United States ◽  
Sixteenth Century ◽  
Catholic Church ◽  
Social Life ◽  
Social Issues ◽  
The United States ◽  
Societal Impact ◽  
Comprehensive Overview ◽  
Public Debates ◽  
The U.S

Most histories of Catholicism in the United States focus on the experience of Euro-American Catholics, whose views on social issues have dominated public debates. This book provides a comprehensive overview of the Latino Catholic experience in America from the sixteenth century to today, and offers the most in-depth examination to date of the important ways the U.S. Catholic Church, its evolving Latino majority, and American culture are mutually transforming one another. This book highlights the vital contributions of Latinos to American religious and social life, demonstrating in particular how their engagement with the U.S. cultural milieu is the most significant factor behind their ecclesial and societal impact.

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