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Articles 1 - 9 of 9
Full-Text Articles in Law
The Consumer Bundle, Shelly Kreiczer-Levy
The Consumer Bundle, Shelly Kreiczer-Levy
Washington Law Review
Can property law have a consumer protection purpose? One of the most important consumer law concerns today is the limited control consumers have over the digital assets and software-embedded products they purchase. Current proposals for reform focus on classifying the transaction as either license or sale and rely mostly on contract law and consumer protection regulation with a few calls for restoring ownership rights. This Article argues that property law can protect consumers by establishing a minimum bundle of rights for consumers: the “consumer’s bundle.” Working with property theory and an analysis of property values, this Article explains the importance …
Surprises In The Skies: Resolving The Circuit Split On How Courts Should Determine Whether An "Accident" Is "Unexpected Or Unusual" Under The Montreal Convention, Ashley Tang
Washington Law Review
Article 17 of both the Montreal Convention and its predecessor, the Warsaw Convention, imposes liability onto air carriers for certain injuries and damages from “accidents” incurred by passengers during international air carriage. However, neither Convention defines the term “accident.” While the United States Supreme Court opined that, for the purposes of Article 17, an air carrier’s liability “arises only if a passenger’s injury is caused by an unexpected or unusual event or happening that is external to the passenger,” it did not explain what standards lower courts should employ to discern whether an event is “unexpected or unusual.” In 2004, …
Donor Advised Funds: Charitable Spending Vehicles For 21st Century Philanthropy, Roger Colinvaux
Donor Advised Funds: Charitable Spending Vehicles For 21st Century Philanthropy, Roger Colinvaux
Washington Law Review
The donor advised fund (DAF) is changing longstanding giving norms in United States philanthropy. DAF contributions now account for around 8.4% of giving by individuals in the U.S. Over half of those contributions go to national DAF sponsors that have relationships with large commercial investment firms like Fidelity, Vanguard, and Schwab. This Article seeks to advance the understanding of the donor advised fund and to address two of the main policy questions: whether to require a mandatory distribution of funds by DAFs and their sponsoring organizations and how to respond to the increased use of DAFs for noncash charitable contributions. …
Reputation Through Litigation: How The Legal System Shapes Behavior By Producing Information, Roy Shapira
Reputation Through Litigation: How The Legal System Shapes Behavior By Producing Information, Roy Shapira
Washington Law Review
The law affects our behavior not only directly by imposing legal sanctions, but also indirectly, by providing information that shapes the reputations of individuals and organizations. This Article is the first to fully flesh out the reputation-shaping aspects of the law. The Article’s first major contribution is in explaining how reputation works. Legal scholars are increasingly recognizing that reputation matters: reputational concerns are touted as an important factor that shapes our behavior across a wide range of phenomena, from product safety to corporate governance to international relations. Yet so far the literature has stayed remarkably silent on how exactly reputation …
Letting Bayous Be Bygones: Should Louisiana Be Allowed To Mandate Use Of The Pre-Socialist Vietnam Flag?, Nami Kim
Washington International Law Journal
The State of Louisiana recently enacted S.B. 839, a state law that mandates the use of the flag of the former Democratic Republic of Vietnam at all state-sponsored public functions and public schools where Vietnam is to be represented. S.B. 839 has added further tension to the relationship between Vietnam and the United States, which is already strained by the unresolved issue of American prisoners of war ("POWs"), those missing in action ("MIA") in Vietnam, and the recent opening of Vietnam's economy to the rest of the world. Although fifty-nine cities and three other states in the United States have …
Admitting Opinions And Conclusions In Evaluative Reports: The Trustworthiness Inquiry—Beech Aircraft Corp. V. Rainey, 109 S. Ct. 439 (1988), Cheryl Musselman-Brown
Admitting Opinions And Conclusions In Evaluative Reports: The Trustworthiness Inquiry—Beech Aircraft Corp. V. Rainey, 109 S. Ct. 439 (1988), Cheryl Musselman-Brown
Washington Law Review
In Beech Aircraft Corp. v. Rainey, the United States Supreme Court held that opinions and conclusions in evaluative reports are within the scope of the federal public records hearsay exception if trustworthy. Washington's public records hearsay exception excludes opinions and conclusions in evaluative reports. This Note analyzes the trustworthiness requirement under the federal rule and proposes that Washington adopt the federal rule.
Crime Compensation, Richard Cosway
Crime Compensation, Richard Cosway
Washington Law Review
Washington has adopted a system of compensation for innocent victims of crimes, the eleventh state to do so. The principal characteristic which distinguishes the new Washington Act from other present and proposed programs is the connection between it and Industrial Insurance, more commonly known as Workmen's Compensation. This connection has at least three significant consequences: (1) Because the victim is equated with an on-the-job injured employee, the amount of an individual's award is geared to the amount an injured workman or dependents of a deceased workman would receive; (2) the administration of the new program is assigned to the Department …
Statutory Limitation Of Innkeepers' Liability, George M. Martin
Statutory Limitation Of Innkeepers' Liability, George M. Martin
Washington Law Review
Many of the earliest cases of which reports are extant deal with the liability of the innkeeper to his guest, and the earliest known Roman law gave an action against the innkeeper if the baggage of the guest was in any way damaged, lost or stolen. At common law the innkeeper was the insurer of the baggage of his guest. He was under an absolute liability unless he could prove that the loss was caused by an Act of God, the public enemy, by the act of the guest or of the guest's servants. This absolute liability was extended to …
The Limits Of Congressional Investigating Power, Jack Gose
The Limits Of Congressional Investigating Power, Jack Gose
Washington Law Review
Of recent years much publicity has been given to the activities of congressional investigating committees At the present time such a committee is engaged in examining witnesses and taking evidence concerning the operations of munitions manufacturers. About a year ago a similar investigation of much publc interest was held coneerning the matter of air mail contracts. In the decade immediately preceding, the scandals arising out of the Harding administration formed the subject of similiar inquiries. Many like rncidents within present-day memory might be cited, but the mention of any single recent investigation should not create the impression that congressional activity …