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Taking on Goliath: Why Personal Injury Litigation May Represent the Future of Transnational Cause Lawyering

Anne Bloom

in Cause Lawyering and the State in a Global Era

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195141177
eISBN:
9780199871391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195141172.003.0004
Subject:
Political Science, International Relations and Politics

This chapter examines the background and litigation proceedings in the case of Dow Chemical Company and Shell Oil Company versus Domingo Castro Alfaro (et al.), a case in which a Texas personal ... More


Personal Injuries

Michael Lobban

in The Oxford History of the Laws of England: Volume XII: 1820–1914 Private Law

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258826
eISBN:
9780191705168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258826.003.0022
Subject:
Law, Legal History

Since the age of industrialization and urbanization was also one of accidents, personal injury suits constituted a high proportion of cases heard by common law judges. In deciding how far those who ... More


‘The Instrumentality of Others’: Railway Accidents and the Courts, 1840–1875

R. W. Kostal

in Law and English Railway Capitalism 1825–1875

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265672
eISBN:
9780191682926
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265672.003.0008
Subject:
Law, Legal History

In the 1840s injured railway passengers and employees alike commenced legal actions for damages. It is clear that many lawyers of the era believed that both kinds of accident victims might commence ... More


Workplace Injuries

Michael Lobban

in The Oxford History of the Laws of England: Volume XII: 1820–1914 Private Law

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258826
eISBN:
9780191705168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258826.003.0023
Subject:
Law, Legal History

This chapter on workplace injuries in the 19th century covers workmen and the common law, the Employers's Liability Act 1880, and Workmen's Compensation Act 1897.


Definition and History of the Concept of Psychological Injury

William J. Koch, Kevin S. Douglas, Tonia L. Nicholls, and Melanie L. O'Neill

in Psychological Injuries: Forensic Assessment, Treatment, and Law

Published in print:
2005
Published Online:
May 2009
ISBN:
9780195188288
eISBN:
9780199870486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195188288.003.0002
Subject:
Psychology, Developmental Psychology

This chapter presents a coherent definition of psychological injury. Psychological injuries are stress-related emotional conditions resulting from real or imagined threats or injuries that may become ... More


Damage and Damages

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0012
Subject:
Law, EU Law

This chapter discusses damage and damages, including contributory negligence, as they relate to tort law in Europe and the European Union. The rights to compensation of the victim for personal injury ... More


Plaintiffs Who Malinger: Impact of Litigation on Fake Testimony

Ryan C. W. Hall and Richard C. W. Hall

in New Perspectives on Faking in Personality Assessment

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195387476
eISBN:
9780199914517
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387476.003.0074
Subject:
Psychology, Social Psychology

This chapter discusses how psychometric testing can aid clinicians and forensic experts in understanding a patient/examinee. In addition, the chapter discusses how psychometric test results ... More


English Law: Crime, the Criminal Process and ‘Essentially Civil Claims’

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0015
Subject:
Law, Comparative Law

English law possesses an elaborate and wide-ranging series of criminal offences which sanction the manufacture or supply of an unsafe product (whether or not it causes personal injury or death), and ... More


Damage and Damages

Cees Van Dam

in European Tort Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199672264
eISBN:
9780191751288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199672264.003.0012
Subject:
Law, Law of Obligations, EU Law

This chapter begins with a discussion of the functions of damages: these are not only aimed at compensating the claimant but also at vindicating his rights and deterring the tortfeasor and other ... More


ALL IN A DAY’S WORK: Traumatic Events in the Line of Duty

CHERYL REGEHR and TED BOBER

in In the Line of Fire: Trauma in the Emergency Services

Published in print:
2005
Published Online:
January 2009
ISBN:
9780195165029
eISBN:
9780199864089
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195165029.003.0002
Subject:
Social Work, Health and Mental Health

This chapter describes the multiple traumatic events encountered by emergency responders, drawing directly on interviews with emergency responders. While most discussed horrific events which ... More


The Law of Bodily Injury

Melissa Milewski

in Litigating Across the Color Line: Civil Cases Between Black and White Southerners from the End of Slavery to Civil Rights

Published in print:
2018
Published Online:
November 2017
ISBN:
9780190249182
eISBN:
9780190249212
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190249182.003.0009
Subject:
History, American History: 19th Century, American History: 20th Century

Chapter 7 examines the personal injury suits that formed almost half of the civil suits between black and white litigants in eight state supreme courts from 1900 to 1920. Facing terrible pain and ... More


Damages

Martha Chamallas and Jennifer B. Wriggins

in The Measure of Injury: Race, Gender, and Tort Law

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814716762
eISBN:
9780814790069
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814716762.003.0007
Subject:
Law, Comparative Law

This chapter examines the expressive and material importance of damages, with particular emphasis on how race and gender have affected the amount of damages awarded to plaintiffs in personal injury ... More


Some Thoughts on the Nature of Liability for Negligence in Scots Law

Joe Thomson

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0039
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter considers the nature of liability to make reparation for losses caused by negligence. It focuses on the situation where losses have arisen as a result of personal injury or physical ... More


6 Damages

Martha Chamallas and Jennifer B. Wriggins

in The Measure of Injury: Race, Gender, and Tort Law

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814716762
eISBN:
9780814790069
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814716762.003.0007
Subject:
Law, Comparative Law

This chapter examines the expressive and material importance of damages, with particular emphasis on how race and gender have affected the amount of damages awarded to plaintiffs in personal injury ... More


The Collective Injury of Sexual Harassment

Dorothy Roberts

in Directions in Sexual Harassment Law

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300098006
eISBN:
9780300135305
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300098006.003.0023
Subject:
Law, Employment Law

This chapter explains the collective harm of sexual harassment, which affects the status of all women in the workplace where it occurs, in the labor market, and in society as a whole. Although sexual ... More


The law of uncivil actions

Ann Oakley

in Fracture: Adventures of a broken body

Published in print:
2007
Published Online:
March 2012
ISBN:
9781861349378
eISBN:
9781447302360
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781861349378.003.0009
Subject:
Sociology, Social Theory

Personal injury cases are ‘the heart and soul’ of tort law — the law of ‘civil wrongs’ that decides when people should be financially compensated for adverse events that happen to their bodies or ... More


France

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0003
Subject:
Law, EU Law

In France, tort law is characterised by its broad general principles and its general lack of detail. The rule of strict liability has been developed by the Cour de cassation, which also developed a ... More


The Development of Civil Law’s Response to Worldly Women and Precocious Teenagers: Historical Wisdom or Oppressive Judgment?

Jennifer Ann Drobac

in Sexual Exploitation of Teenagers: "Adolescent Development, Discrimination, and Consent Law"

Published in print:
2016
Published Online:
September 2016
ISBN:
9780226301013
eISBN:
9780226301150
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226301150.003.0005
Subject:
Law, Criminal Law and Criminology

The civil system addresses personal injury, sexual exploitation, and “consent,” among other matters, through common law tort (personal injury) laws or more modern state statutory responses to human ... More


Environmental Damage and Genetically Modified Organisms

Ruth Mackenzie

in Environmental Damage in International and Comparative Law: Problems of Definition and Valuation

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199255733
eISBN:
9780191698262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199255733.003.0005
Subject:
Law, Environmental and Energy Law, Comparative Law

This chapter focuses on the risks posed by genetically modified crops. It argues that many of the risks which are likely to materialize fall comfortably within traditional heads of damage such as ... More


The New South and the Law

Melissa Milewski

in Litigating Across the Color Line: Civil Cases Between Black and White Southerners from the End of Slavery to Civil Rights

Published in print:
2018
Published Online:
November 2017
ISBN:
9780190249182
eISBN:
9780190249212
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190249182.003.0007
Subject:
History, American History: 19th Century, American History: 20th Century

Chapter 5 shows the shifts that occurred in the types of civil cases African Americans were able to litigate in southern courts at the end of the nineteenth century, as segregation and ... More


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