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Full-Text Articles in Law
Independence And Liability In Civil Aviation Accident Investigations Through Annex 13 And The Montreal Convention, Joshua C. Moscow
Independence And Liability In Civil Aviation Accident Investigations Through Annex 13 And The Montreal Convention, Joshua C. Moscow
Vanderbilt Journal of Transnational Law
International law governs the investigation of civil aviation accidents through the Chicago Convention and the International Civil Aviation Organization. Their standards, outlined primarily in Annex 13 to the Chicago Convention, require accident investigations to be conducted in an independent and impartial manner. Notwithstanding this requirement, a state with a nationalized airline may lead an Annex 13 investigation into an accident involving (essentially) itself. The conflict that arises when this occurs challenges Annex 13 independence-a challenge that may be difficult to avoid given the prevalence of nationalized airlines. While Annex 13 independence is threatened when a state assumes the role of …
Avoid Or Compensate? Liability For Incidental Injury To Civilians Inflicted During Armed Conflict, Yael Ronen
Avoid Or Compensate? Liability For Incidental Injury To Civilians Inflicted During Armed Conflict, Yael Ronen
Vanderbilt Journal of Transnational Law
Under international law, civilians suffering injuries that are incidental to a lawful attack on a military objective are left to bear the cost of their losses. In recent years there have been calls for a change in policy that would entitle victims of military attacks to compensation, even if their losses are incidental and non-fault-based. This Article explores the notion of such a quasi-strict liability rule, which is likely to disrupt the existing balance of powers and interests under the laws of armed conflict. Following an exploration of the conceptual basis for such an obligation, the Article examines the effect …
Cyber-Libeling The Glitterati: Protecting The First Amendment For Internet Speech, Abbey L. Mansfield
Cyber-Libeling The Glitterati: Protecting The First Amendment For Internet Speech, Abbey L. Mansfield
Vanderbilt Journal of Entertainment & Technology Law
Celebrity gossip is disseminated on the Internet not only by profitable publications and Internet tabloids with professional writers and sophisticated legal teams, but also by countless numbers of "blogs" posted by ordinary individuals, often with nothing more than a dial-up connection. Americans posting speech on the Internet must be aware of the implications of the Gutnick decision and recognize that they could be dragged into court and held liable for defamation abroad. This note explores theoretical changes to the law that should be adopted to protect the First Amendment as it applies to Internet speech. Additionally, this note discusses various …
Warsaw From The French Perspective: A Comparative Study Of Liability Limits Under The Warsaw Convention, Elizabeth G. Browning
Warsaw From The French Perspective: A Comparative Study Of Liability Limits Under The Warsaw Convention, Elizabeth G. Browning
Vanderbilt Journal of Transnational Law
The Warsaw Convention, now over 45 years old, was originally designed to aid the growth of a new, undeveloped, and somewhat perplexing commercial enterprise--the international air transportation industry. Unfortunately, the drafters of the Convention took a narrow, and perhaps ill-advised, view of regulation of liability. They limited the carriers' liability for damage to an amount that could easily have been foreseen to be unworkable and they defined the concept of fault in ambiguous terms. While this fledgling attempt to codify an area of private international law was meant to provide a uniformity of terms that would be workable in a …