Neighborhood Effects and Compensation for Property Value Diminution

This paper analyzes the legal issues surrounding defendants' liability for property value diminution caused by stigma from environmental contamination. The courts, law review articles, and public policy analyses are in disagreement over how to handle stigma damages. This paper argues that a reasonable risk of contamination is not required for a nuisance claim if community effects, which were caused by the contamination, are present. The authors then turn to issues regarding the level of damages and propose a methodology for measuring compensation that is based on a guaranteed sales price. This methodology is applied to the RSR smelter in Dallas, Texas.     

Toxicological findings in military aircraft fatalities from 1986-1990.

Toxicological findings in all military aircraft fatalities investigated by the Division of Forensic Toxicology at the Armed Forces Institute of Pathology from 1986-1990 are presented. Carbon monoxide saturation levels greater than 10% were found in 4% of the 535 cases where appropriate specimens were collected. Positive ethanol findings were more indicative of postmortem formation than antemortem consumption. In only 1 case were abused drugs (cannabinoids in a passenger) detected. Other drugs identified included nicotine, chloroquine and over-the-counter analgesic agents, antihistamines and sympathomimetic drugs.     

TRIVIOCRACY: SAYRE'S LAW REVISITED

Triviocracy is a generalized organizational phenomenon; to the outsider or casual participant, the goals or issues which members of the organization pursue have little or no overt relationship to the well-being of the organization; and once attained, these goals do not appear to help individuals in pursuit of their professional goals in any easily desirable way. In this paper will will explore the concept of triviocracy in some depth, describe the process that unfolds and examine the dynamics of triviocracy and its functions and dysfunctions.     

Phenol: tissue distribution in a fatality

A case is reported where phenol, a disinfectant, was ingested and resulted in the death of a 40-year-old white female. Concentrations of phenol were determined in blood (130 mg/L), urine (47 mg/L), bile (187 mg/L), brain (486 mg/kg), kidney (331 mg/kg), muscle (204 mg/kg), liver (228 mg/kg), and stomach content (668 mg) and compared to other cases reported in the literature.     

Battered women who kill

This study assesses acquital rates using mock jurors in cases involving a battered woman charged with killing her husband. The simulated trial format was based on actual courtroom proceedings including witness cross-examination and jury deliberation proceedings. The type of plea entered was varied and reflected either self-defense, automatism, or a hypothetical plea of psychological self-defense. The severity of abuse incurred by the defendant was also varied along with expert testimony. Jurors more frequently found the defendant not guilty when a plea of automatism was entered compared to a plea of self-defense. The frequency of acquittals following a plea of psychological self-defense resulted in more acquittals than the self-defense plea but significantly fewer than the automatism plea. The likelihood of acquittal increased under conditions of severe abuse as opposed to moderate abuse. Expert witness testimony was observed to influence verdicts during juror deliberations.     

A fatality involving phentermine

A case is presented where phentermine, a sympathomimetic amine used as an anorectic drug, is believed to have significantly contributed to the death of an individual in whom other drugs were also found. Blood, urine, and tissue concentrations of phentermine are reported and compared to other cases in the literature.     

Providing service--or aiding and abetting discrimination?

Even though federal antidiscrimination laws do not include third-party liability, a number of states now have statutes containing aiding-and-abetting provisions that may provide a basis for causes of action. For instance, in a recent decision, the Colorado Supreme Court held that a third-party insurance company will be held liable along with the employer for providing health insurance coverage that does not cover normal pregnancy expenses. Similarly, cases involving newspapers have shown that newspaper classifieds may occasion liability solely to the newspaper, and not the advertiser, even absent intent. The author provides a full discussion of such issues as standard of proof and exactly who is liable and offers solutions to these new liability problems.