The methodology of using precedents

This paper elucidates the common law doctrine of stare decisis and the methodology of using precedents, including the practice of distinguishing and overruling them

Surgery by an Unauthorized Surgeon as a Battery

This article examines the policy issues behind the doctrine of informed consent and reviews the decisional law and policies on the topic of ghost surgery. Jury instructions employed in California are also addressed. The author concludes that substitution of surgeons should not automatically prompt liability for a battery. The public policy behind the informed consent doctrine is to favor patients\u27 self-determination over the doctor\u27s paternalism. Imposition of liability for battery in a case where the defendant does not knowingly deviate from the consent is not necessary to effectuate this purpose

Surgery by an Unauthorized Surgeon as a Battery

Holding that [i]n medical malpractice action based upon physician\u27s alleged misrepresentation of his experience and credentials, supreme court ruled patient and wife\u27s compliant could not include deceit claim, but could include lack of informed consent.

Book Review: Introduction to U.S. Environmental Laws

Introduction to U.S. Environmental Laws by Edward Shea is a book designed to introduce foreigners to American environmental law, providing a chapter on each of the major federal environmental enactments. Being a lecturer in Europe on American environmental law, Dr. Lundmark offers his unique insight into the effectiveness of Mr. Shea\u27s book as an introductory educational tool. The book review describes the subject matter of the book and comments on its organization. Further, Dr. Lundmark points out several of the book\u27s substantive flaws and omissions. Finally, the author offers several remedies to the book\u27s shortcomings

Review of Allan C. Hutchinson, "Toward an informal account of legal interpretation", New York, Cambridge University Press, 188 pages, hb, £69.99

Book revie

Surgery by an Unauthorized Surgeon as a Battery

This article examines the policy issues behind the doctrine of informed consent and reviews the decisional law and policies on the topic of ghost surgery. Jury instructions employed in California are also addressed. The author concludes that substitution of surgeons should not automatically prompt liability for a battery. The public policy behind the informed consent doctrine is to favor patients\u27 self-determination over the doctor\u27s paternalism. Imposition of liability for battery in a case where the defendant does not knowingly deviate from the consent is not necessary to effectuate this purpose