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課程名稱 |
比較醫療法
Comparative Health Law |
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開課學期 |
109-1 |
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授課對象 |
法律學院 法律研究所 |
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授課教師 |
雷福特 |
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課號 |
LAW7432 |
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課程識別碼 |
A21EM8580 |
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班次 |
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學分 |
3.0 |
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全/半年 |
半年 |
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必/選修 |
選修 |
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上課時間 |
第6,7,8,9,10,11,12,13,14 週
星期一2,3,4(9:10~12:10)星期四2,3,4(9:10~12:10) |
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上課地點 |
霖研七1709霖研七1709 |
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備註 |
本課程以英語授課。密集課程。
限法律學院學生(含輔系、雙修生)
總人數上限：20人 |
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課程簡介影片 |
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核心能力關聯 |
核心能力與課程規劃關聯圖 |
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課程大綱
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為確保您我的權利,請尊重智慧財產權及不得非法影印
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課程概述 |
Social Background; Importance of the Issues Addressed:
U.S. products liability law consists of a complicated mix of statutes, cases, and doctrines at both the federal and state levels. Some issues are decided by judges, and others by juries drawn from the general public. The laws applicable in some states are contrary to the laws of other states, and the question of federal preemption of state law is the subject of considerable controversy, only partly resolved by decisions of the U.S. Supreme Court. Therefore, an important aspect of this course will be to explain how the U.S. legal system works in general, not just in the field of products liability. |
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課程目標 |
Course Goals:
The course begins with a brief overview of U.S. tort law. Next comes issues involving liability for manufacturing defects – cases in which individual injury-causing products departed from their intended design. This part of the course introduces issues regarding injury causation, allocation of responsibility among potential defendants, and affirmative defenses. Next, the course addresses liability for generic product risks: liability for defective design, failure to warn, breach of warranty and misrepresentation. Finally the course addresses a set of other issues: toxic tort litigation, punitive damages, prescription drugs and medical devices, federal preemption of state law, and products liability in a global context.
Students will gain an understanding of how the U.S. legal system works in general. Students will also learn how to research product safety issues in Internet-based materials and medical and engineering literature, and how to access products-related laws, cases, and other legal and scientific sources. Students will also gain confidence in making English-language presentations to audiences of their fellow professionals, by researching, developing and presenting to the class a current product safety-related issue of their own selection. |
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課程要求 |
Student Requirements
1. Students must read the assigned cases and materials before each class, and must be prepared to discuss the issues in class. I will regularly call on students in class for their views. This is an intensive class with extensive reading requirements, and all students are expected to allot sufficient time to prepare every class assignment.
2. After each class, each student must post (a) at least one comment or question based on the readings and discussion in that class, and (b) a case report on one case or other assigned subject. These posts, and my responses, will go to all class members.
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預期每週課後學習時數 |
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Office Hours |
另約時間 備註： • Professor-student meetings: I expect to meet by appointment with every student at least once, face-to-face or by Skype or Zoom, for one-on-one instruction and discussion. Please schedule appointments by contacting me in person, or at rbleflar@uark.edu, or at (0)955 916-225, or by Line. |
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指定閱讀 |
Class Materials:
The course book is Henderson, Twerski & Kysar, Products Liability: Problems and Process (Wolters Kluwer, 8th ed. 2016) (“HTK8”). A new edition of that course book (“HTK9”) is scheduled to be published this spring. Both books will be available in the library. HTK8 is also available for rental on Amazon, at a much lower cost, and used copies are available in the U.S. and probably in Taiwan. Each student must either purchase or rent an edition of HTK8, join with other students in a collective purchase or rental, or find some other way of obtaining all assigned materials to prepare for each class.
We will also have readings in Geistfeld, Principles of Products Liability (3d ed. 2020) (“G”), and I will distribute additional materials on current cases and controversies from time to time.
• Prior Study: It is expected that most students will have prior familiarity with the law of torts and contracts. However, students with a diversity of background and training are welcome. |
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參考書目 |
待補 |
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評量方式
(僅供參考) |
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No. |
項目 |
百分比 |
說明 |
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1. |
Recorded attendance |
10% |
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2. |
Participation and performance in class discussions, including post-class comment and question postings |
25% |
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3. |
Presentation to the class |
25% |
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4. |
Written final examination |
40% |
The written final examination may be taken during a 24-hour period of the students’ choice out of the classroom. To acquaint students with the likely nature of final exam questions, an ungraded practice exam will be given midway through the course, followed by a discussion of best answers. |
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週次 |
日期 |
單元主題 |
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第1週 |
3/29 4/1 |
Introduction: Course Requirements and Goals; US Tort System Overview; The 1st Tough Cases; Restatements of Torts and the Development of Strict Liability; Manufacturing Defects |
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第2週 |
4/5 4/8 |
Boundaries of Strict Liability; Allocating Responsibility Among Sellers; Collective Liability of the Distributive Chain; Workplace Accidents |
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第3週 |
4/12 4/15 |
Ch. 2: Causation; Research Tools on Product Safety & US Law (1); Ch. 3: Affirmative Defenses; Research Tools (2); Review of Chapters 1-3 |
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第4週 |
4/19 4/22 |
Practice exam; Discussion of answers to practice exam; Design Defect Liability -- Theoretical Basis; Risk-Utility Approach; Design Defect Liability: Consumer Expectations, Other Approaches |
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第5週 |
4/26 4/29 |
Design Defect Liability: Special duty problems; Review of design defect liability; your Qs; Ch. 5.A: Liability for Failure to Warn (1) |
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第6週 |
5/3 5/6 |
5/3:Ch. 6: Express Warranty & Misrepresentation; Consultations with students on presentation topics
5/6:
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