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Federal Tort Claims Act

Federal Tort Claims Act

Date: April 27, 2009
Creator: Cohen, Henry & Cohen, Henry
Description: The Federal Tort Claims Act is the statute by which the United States authorizes tort suits to be brought against itself. With exceptions, it makes the United States liable for injuries caused by the negligent or wrongful act or omission of any federal employee acting within the scope of his employment, in accordance with the law of the state where the act or omission occurred. This report discusses, among other things, the application of the Feres doctrine to suits for injuries caused by medical malpractice in the military, the prohibition of suits by victims of atomic testing, Supreme Court cases interpreting the discretionary function exception, the extent to which federal employees may be held liable for torts they commit in the scope of their employment, and the government contractor defense to products liability design defect suits.
Contributing Partner: UNT Libraries Government Documents Department
Gun Industry Liability: Lawsuits and Legislation

Gun Industry Liability: Lawsuits and Legislation

Date: March 30, 1999
Creator: Cohen, Henry
Description: This report discusses gun industry liability issues after the Maryland Court of Appeals announced that it was changing the common law "to hold the manufacturers and marketers of Saturday Night Special handguns strictly liable to innocent persons who suffer gunshot injuries from the criminal use of their products." Kelley v. R.G. Industries, Inc., 497 A.2d 1143, 1159 (Md. 1985).
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Speech and Press: Exceptions to the First Amendment

Freedom of Speech and Press: Exceptions to the First Amendment

Date: October 16, 2009
Creator: Cohen, Henry
Description: This report provides an overview of the major exceptions to the First Amendment - of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech. For example, the Court has decided that the First Amendment provides no protection to obscenity, child pornography, or speech that constitutes "advocacy of the use of force or of law violation ... where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action."
Contributing Partner: UNT Libraries Government Documents Department
Brief Summaries of Federal Animal Protection Statutes

Brief Summaries of Federal Animal Protection Statutes

Date: August 15, 2008
Creator: Cohen, Henry
Description: This report contains brief summaries of federal animal protection statutes, listed alphabetically. It includes statutes that allow the disabled to use service animals, statutes aimed at acts of animal rights advocates (the Animal Enterprise Protection Act of 1992, and the Recreational Hunting Safety and Preservation Act of 1994), as well as other statutes concerning animal protection and conservation.
Contributing Partner: UNT Libraries Government Documents Department
Brief Summaries of Federal Animal Protection Statutes

Brief Summaries of Federal Animal Protection Statutes

Date: December 18, 2008
Creator: Cohen, Henry
Description: This report contains summaries of federal animal protection statutes, listed alphabetically. It does not include treaties, although it does include statutes enacted to implement treaties. It includes statutes concerning animals that are not entirely, or not at all, animal protection statutes. For example, it includes a statute authorizing the eradication of predators, because one of the statute's purposes is to protect domestic and "game" animals; and it includes statutes to conserve fish, although their ultimate purpose may not be for the fishes' benefit. It also includes statutes that allow the disabled to use service animals, and even includes statutes aimed at acts of animal rights advocates (the Animal Enterprise Protection Act of 1992, and the Recreational Hunting Safety and Preservation Act of 1994).
Contributing Partner: UNT Libraries Government Documents Department
Homeland Security Act of 2002: Tort Liability Provisions

Homeland Security Act of 2002: Tort Liability Provisions

Date: May 9, 2008
Creator: Cohen, Henry
Description: This report discusses the homeland security act of 2002, which contains the following provisions.
Contributing Partner: UNT Libraries Government Documents Department
Federal Advertising Law: An Overview

Federal Advertising Law: An Overview

Date: February 9, 1998
Creator: Cohen, Henry
Description: This report provides a brief overview of federal law with respect to five selected advertising issues: alcohol advertising, tobacco advertising, the Federal Trade Commission Act, advertising by mail, and advertising by telephone. There are numerous federal statutes regulating advertising that do not fit within any of these categories; as random examples, the Food, Drug, and Cosmetic Act requires disclosures in advertisements for prescription drugs ; the Truth in Lending Act governs the advertising of consumer credit ; and a federal criminal statute makes it illegal falsely to convey in an advertisement that a business is connected with a federal agency.
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Speech and Press: Exceptions to the First Amendment

Freedom of Speech and Press: Exceptions to the First Amendment

Date: November 20, 2002
Creator: Cohen, Henry
Description: The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment — of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Speech and Press: Exceptions to the First Amendment

Freedom of Speech and Press: Exceptions to the First Amendment

Date: November 5, 2001
Creator: Cohen, Henry
Description: The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment — of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Speech and Press: Exceptions to the First Amendment

Freedom of Speech and Press: Exceptions to the First Amendment

Date: January 7, 2004
Creator: Cohen, Henry
Description: The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment — of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Speech and Press: Exceptions to the First Amendment

Freedom of Speech and Press: Exceptions to the First Amendment

Date: June 2, 2006
Creator: Cohen, Henry
Description: This report provides an overview of the major exceptions to the First Amendment, i.e., of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Contributing Partner: UNT Libraries Government Documents Department
Judge Samuel Alito's Opinions in Freedom of Speech Cases

Judge Samuel Alito's Opinions in Freedom of Speech Cases

Date: December 9, 2005
Creator: Cohen, Henry
Description: This report examines his major judicial opinions, both for the majority and in dissent, in freedom of speech cases. It also briefly discusses some cases in which he joined the opinion for the court but did not write it. This report examines Judge Alito’s free speech opinions by subject area.
Contributing Partner: UNT Libraries Government Documents Department
Fairness in Asbestos Injury Resolution Act of 2004 (S. 2290, 108th Congress)

Fairness in Asbestos Injury Resolution Act of 2004 (S. 2290, 108th Congress)

Date: April 14, 2004
Creator: Cohen, Henry
Description: This report provides an overview of S. 2290, 108th Congress, the Fairness in Asbestos Injury Resolution Act of 2004 (or FAIR Act of 2004). The bill is a revised version of S. 1125, 108th Congress, and would create the Office of Asbestos Disease Compensation to award damages to asbestos claimants on a no-fault basis. Asbestos claims could no longer be filed or pursued under state law, except for the enforcement of judgments no longer subject to any appeal or judicial review before the date of enactment of the bill.
Contributing Partner: UNT Libraries Government Documents Department
Medical Malpractice Liability Reform: H.R. 5, 109th Congress

Medical Malpractice Liability Reform: H.R. 5, 109th Congress

Date: January 18, 2006
Creator: Cohen, Henry
Description: This report discusses H.R. 5, which would preempt state law regarding some aspects of medical malpractice liability and liability for defective medical products, including drugs. The legislation would among other things, place caps on noneconomic and punitive damages (in states that have not enacted and do not enact caps), eliminate joint and several liability, modify the collateral source rule, limit lawyers' contingent fees, enact a federal statute of limitations, and provide for periodic payment of future damages.
Contributing Partner: UNT Libraries Government Documents Department
Constitutionality of Requiring Sexually Explicit Material on the Internet to be Under a Separate Domain Name

Constitutionality of Requiring Sexually Explicit Material on the Internet to be Under a Separate Domain Name

Date: January 18, 2006
Creator: Cohen, Henry
Description: This report discusses the constitutionality of proposal that there be a separate domain on the Internet exclusively for websites that contain sexually explicit material; it might be labeled “.xxx” to complement the current “.com,” “.org,” and others.
Contributing Partner: UNT Libraries Government Documents Department
Limiting Tort Liability of Gun Manufacturers and Gun Sellers: Legal Analysis of P.L. 109-92 (2005)

Limiting Tort Liability of Gun Manufacturers and Gun Sellers: Legal Analysis of P.L. 109-92 (2005)

Date: November 8, 2005
Creator: Cohen, Henry
Description: This report examines P.L. 109-92 (2005), which passed the Senate and the House as S. 397, 109th Congress and was signed by the President on October 26, 2005
Contributing Partner: UNT Libraries Government Documents Department
Pandemic Flu and Medical Biodefense Countermeasure Liability Limitation

Pandemic Flu and Medical Biodefense Countermeasure Liability Limitation

Date: December 5, 2006
Creator: Cohen, Henry
Description: This report analyzes Division C of the Department of Defense Emergency Supplemental Appropriations, P.L. 109-148, which was signed into law on December 30, 2005, and which limits liability with respect to pandemic flu and other public health countermeasures.
Contributing Partner: UNT Libraries Government Documents Department
S. 852: The Fairness in Asbestos Injury Resolution Act of 2005

S. 852: The Fairness in Asbestos Injury Resolution Act of 2005

Date: February 7, 2006
Creator: Cohen, Henry
Description: This report provides an overview of S. 852, the Fairness in Asbestos Injury Resolution (FAIR) Act of 2005. The bill would establish the Office of Asbestos Disease Compensation to award damages to asbestos claimants from the Asbestos Injury Claims Resolution Fund.
Contributing Partner: UNT Libraries Government Documents Department
Brief Summaries of Federal Animal Protection Statutes

Brief Summaries of Federal Animal Protection Statutes

Date: October 16, 2006
Creator: Cohen, Henry
Description: This report contains brief summaries of federal animal protection statutes, listed alphabetically. It includes statutes enacted to implement treaties, those that protect certain groups of animals (e.g., protection of "game" animals rather than predators), statutes to conserve fish, statutes that allow the disabled to use service animals, and statutes aimed at acts of animal rights advocates (the Animal Enterprise Protection Act of 1992, and the Recreational Hunting Safety and Preservation Act of 1994).
Contributing Partner: UNT Libraries Government Documents Department
The Liability Insurance Crisis

The Liability Insurance Crisis

Date: June 1, 1987
Creator: Cohen, Henry & Whiteman, David
Description: This report discusses liability insurance crisis, including complaints from businesses, professionals , and municipalities as well threat of lawsuits.
Contributing Partner: UNT Libraries Government Documents Department
The Liability Insurance Crisis

The Liability Insurance Crisis

Date: June 1, 1987
Creator: Cohen, Henry & Whiteman, David
Description: This report discusses liability insurance crisis, including complaints from businesses, professionals , and municipalities as well threat of lawsuits.
Contributing Partner: UNT Libraries Government Documents Department
Journalists' Privilege to Withhold Information in Judicial and Other Proceedings: State Shield Statutes

Journalists' Privilege to Withhold Information in Judicial and Other Proceedings: State Shield Statutes

Date: March 8, 2005
Creator: Lening, Carey & Cohen, Henry
Description: This report briefly provides an overview of general trends among the states individual statutes.
Contributing Partner: UNT Libraries Government Documents Department
Journalists' Privilege: Overview of the Law and Legislation in the 110th and 111th Congresses

Journalists' Privilege: Overview of the Law and Legislation in the 110th and 111th Congresses

Date: November 10, 2009
Creator: Cohen, Henry & Ruane, Kathleen Ann
Description: This report gives an overview of the law regarding journalistic privilege. Included are the responses of the 110th and 111th Congresses regarding the law.
Contributing Partner: UNT Libraries Government Documents Department
Asbestos Compensation Act of 2000

Asbestos Compensation Act of 2000

Date: April 13, 2000
Creator: Cohen, Henry
Description: This report summarizes H.R. 1283, 106th Congress, the Asbestos Compensation Act of 2000, as ordered to be reported with amendments by the House Committee on the Judiciary on March 16, 2000. The bill would create an administrative procedure for asbestos liability claims.
Contributing Partner: UNT Libraries Government Documents Department
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