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  1. 450 INFORMED CONSENT IN THE RESTATEMENT OF MEDICAL MALPRACTICE Mark A. Hall* I. INTRODUCTION Informed consent is one of the most influential doctrinal areas of medical liability law. Breach of the duty of informed consent is litigated much less often than …

  2. 465 MODERNIZING THE MEDICAL MALPRACTICE STANDARD OF CARE Philip G. Peters, Jr.* I. INTRODUCTION The standard of care for health care providers proposed by section 5 of the Restatement of the Law Third, Torts: Medical Malpractice marks a fundamental shift …

  3. 478 INFORMED CONSENT IN THE NEW RESTATEMENT ON MEDICAL MALPRACTICE: A FRIENDLY CRITIQUE Nina A. Kohn* Medical malpractice constitutes a substantial share of tort litigation and has driven many of the legal changes characterized as

  4. 484 KEYNOTE SYMPOSIUM PRESENTATION OF BRIAN PANISH AND JESSE CREED Brian Panish* and Jesse Creed** ATTORNEY BRIAN PANISH: Good afternoon. Thank you for all you do here, and what a great job you have been doing since you have come on to be the Dean here at …

  5. 493 THE EQUITY OF TORT CLAIMS FOR MEDICAL MONITORING Mark A. Geistfeld* I. INTRODUCTION A medical monitoring cause of action commonly involves defective products that have exposed plaintiff-consumers to a significant risk of suffering bodily injury at …

  6. 512 THE RESTATEMENT (THIRD) OF TORTS PROPOSES ABANDONING TORT LAW9S PRESENT INJURY REQUIREMENT TO ALLOW MEDICAL MONITORING CLAIMS: SHOULD COURTS FOLLOW? Victor E. Schwartz* and Christopher E. Appel** I. INTRODUCTION After decades of development, the …

  7. 543 TRAUMA DAMAGES Martha Chamallas* ABSTRACT The concept of trauma has increasingly been used to describe the experiences of marginalized groups and has a special relevance to systemic injuries and abuses of power that can form the basis of personal …

  8. 580 WHY COURTS SHOULD CONTINUE TO REJECT INNOVATOR LIABILITY THEORIES THAT SEEK TO HOLD BRANDED DRUG MANUFACTURERS LIABLE FOR GENERIC DRUG INJURIES Mark A. Behrens* and Christopher E. Appel** I. INTRODUCTION Nearly a decade has passed since the Alabama …

  9. [MACRO] AMY KEDRON_FINAL-PN_11.14.2014 (DO NOT DELETE) 11/14/2014 7:21 PM 629 STOCK SYMBOLS, STREET SIGNS AND OTHER COLOR LINES: CAPITAL AND SUBJECTIVITY IN THE NEW DUAL ECONOMY Amy Kedron* INTRODUCTION Scholarship on race and class has tended to reduce …

  10. [MACRO]_CLASSCRITS MISSION STATEMENT_FINAL-PN (DO NOT DELETE) 10/22/2014 1:19 PM 651 CLASSCRITS MISSION STATEMENT 1 We live in an era of extreme economic inequality not seen since the Gilded Age. In America today, commentators and scholars often portray …