litigation and criminal prosecution, which are independent systems in the United States, function more in tandem in many other legal systems.
This puts them at considerable financial risk for civil tort
lawsuits, even if medical information is leaked inadvertently.
Negligence is a civil tort
that requires four elements for a plaintiff to prevail: (1) there must be a duty, (2) the duty must have been breached, (3) harm must have resulted from the breach and (4) the breach of a duty must have caused the harm.
This Article analyzes the implications of legal pluralism when religious family law conflicts with state civil tort
The actual or potential imposition of civil tort
liability changes the behavior of others.
Rather than having society rely on state prosecutors and the criminal courts, individuals could use civil tort
actions to recover the costs of crime and to deter criminals from misconduct, or they could form private societies for the prosecution of crimes.
other civil tort
claims for the misappropriation of information that
In the 1979 preamble to an FDA labeling regulation, for example, the agency expressly acknowledged that "it is not the intent of the FDA to influence the civil tort
liability of the manufacturer.
For an excellent discussion of the merits of civil tort
suits as a remedy for Fourth Amendment violations, see Akhil Reed Amar, Fourth Amendment First Principles, 107 HARV.
President Bush has decided to spend a substantial amount of his political capital on an ambitious effort to reform the civil tort
Currently, Sebring is an assistant Attorney General defending state agencies sued under the civil tort
even though Antarctica has no choice of law rules embedded in its law, because it has no law, nonetheless the appropriate choice of law rule to advocate is the notion of personal sovereignty, which obviously has limited relevance today because there are virtually no places in the world aside from Antarctica that have no civil tort