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Protecting the vulnerable

October 2003 | Volume 39, Issue 10

When will schools take bullying seriously?
Daniel B. Weddle

Bullying causes real and long-lasting harm to children, but most school administrators fail to address the problem until it is too late. Current law offers few incentives for schools to change. The author proposes a new theory of liability that would redefine “reasonable supervision” and hold schools accountable for failing to protect their students.

Litigation behind bars
Pamela K. Sutherland and David C. Fathi

Prisoners are politically powerless, deprived of the right to vote, and largely despised by the general population. For the tens of thousands of inmates who are infected with hepatitis C, the situation is even worse. When they are denied access to needed medical care, trial lawyers can use existing law to enforce prisoners’ constitutional rights.

Preserving elders’ housing rights
Michael Allen and Susan Ann Silverstein

Housing discrimination against the elderly is usually based on actual or perceived disabilities. Adequately enforcing senior citizens’ fair-housing rights is therefore a matter of understanding and applying housing laws that prohibit such discrimination.

Justice for abused foster children
Carolyn A. Kubitschek

Many foster children suffer horrendous abuse, and sometimes death, at the hands of those assigned to care for them. For such children, the path to justice is fraught with procedural and substantive hurdles. Learn how to maneuver your way through the system.

The hidden hazards of clinical trials
Frances H. Miller

Human subjects cannot avoid the uncertainties associated with participating in clinical trials. But they are entitled to non-negligent treatment, as well as full disclosure about the experimental nature of such protocols and any conflicts of interest that might undermine researchers’ objectivity. Litigation may provide a remedy when participants are harmed.

After 9/11, an assault on civil liberties
Interview with Kareem Shora and Timothy Edgar

The terrorist attacks of September 11, 2001, shook America’s sense of invulnerability and sparked sweeping legislation designed to shore up the nation’s defenses. Two years later, many critics—including these two civil rights advocates—view those changes as draconian attempts to curtail civil liberties, with a disproportionate effect on Arab-Americans. The critics are winning key victories.

News & Trends

New Jersey is sued for letting unfit, elderly man drive

Companies jointly liable in asbestos settlement

Lawsuit financing is illegal, Ohio high court says

Color bias’ cases gain momentum

California adopts clearer civil jury instructions

Signal is fuzzy in telecommuter’s unemployment case

New data show Paxil may increase suicide risk in children

Departments

President’s page
A trial lawyer’s legacy

Washington focus
Restoring tax fairness for plaintiffs

Supreme Court review
Mitigation in sentencing

Reflections
Accepting a settlement offer when you’re the client

Hearsay

Books

The Myth of the Imperial Judiciary
Mark Kozlowski

Employment Evidence
by Eugene K. Hollander

Classifieds

Classifieds

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Balancing the Scales of Justice
American Association for Justice
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