Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Carrie Menkel-Meadow (1)
- Cybercrime (1)
- Defamation (1)
- Design defect cases (1)
- Dignitary torts (1)
-
- Francis Mwiinga Maingaila (1)
- Georgine v. Amchem Products (1)
- Inc. (1)
- International cybertorts (1)
- Mass tort class actions (1)
- Moving Unit Video Television (1)
- Products liability law (1)
- State liability for transboundary harms (1)
- Susan P. Koniak (1)
- Tort liability of universities (1)
- Zambia. Supreme Court (1)
- Publication
Articles 1 - 7 of 7
Full-Text Articles in Law
Moving Unit Video Television (T/A Muvi Tv Limited) V. Francis Mwiinga Maingaila Scz Selected Judgment No. 18 Of 2019, Chanda Chungu
Moving Unit Video Television (T/A Muvi Tv Limited) V. Francis Mwiinga Maingaila Scz Selected Judgment No. 18 Of 2019, Chanda Chungu
SAIPAR Case Review
This case dealt with an employee of Muvi TV Limited who was accused of defiling an under-age girl whom he had had offered accommodation to. He was videoed being arrested by a police officer and the news read as follows “Journalist defiled a 13-year old girl”. This news story was repeated on several subsequent news broadcasts by Muvi TV.
This story was published before any conviction was made in criminal proceedings. A medical report revealed that the girl had not been defiled and this was available before the story was released. However, despite the medical report being available, before the …
Tort As Private Administration, Nathaniel Donahue, John Fabian Witt
Tort As Private Administration, Nathaniel Donahue, John Fabian Witt
Cornell Law Review
What does tort law do? This Article develops an account of the law of torts for the age of settlement. A century ago, leading torts jurists proposed that tort doctrine's main function was to allocate authority between judge and jury. In the era of the disappearing trial, we propose that tort law's hidden function is to shape the process by which private parties settle. In particular, core doctrines in tort help to structure and sustain the systems of private administration by which injury claims are actually resolved. Though an observer could hardly guess it from judge-centric theories of tort or …
An Essay On The Quieting Of Products Liability Law, Aaron D. Twerskii
An Essay On The Quieting Of Products Liability Law, Aaron D. Twerskii
Cornell Law Review
For several decades, courts and commentators have disagreed as to whether the standard for liability in product design defect cases should be based on risk-utility tradeoffs or disappointed consumer expectations. Although a strong majority opt for risk-utility a significant minority of courts adopt the consumer expectations test. This Essay contends that as a practical matter in jurisdictions that allow for recovery in design defect cases on a consumer expectations theory, plaintiffs introduce a reasonable alternative design as the predicate for recovery. In fifteen of the seventeen states that allow recovery based on consumer expectations the author could not find a …
The Puzzle Of The Dignitary Torts, Kenneth S. Abraham, Edward White
The Puzzle Of The Dignitary Torts, Kenneth S. Abraham, Edward White
Cornell Law Review
In recent years, there has been much greater legal attention paid to aspects of dignity that have previously been ignored or treated with actual hostility, especially in constitutional law and public law generally. But private law also plays an important role. In particular, certain forms of tort liability are imposed in order to protect individual dignity of various sorts and compensate for invasions of individual dignity. Defamation, invasion of privacy, intentional infliction of emotional distress, and even false imprisonment fall into this category. Despite the growing importance of dignity, this value has received very little self-conscious or express attention in …
You Are Not Cordially Invited: How Universities Maintain First Amendment Rights And Safety In The Midst Of Controversial On-Campus Speakers, Alyson R. Hamby
You Are Not Cordially Invited: How Universities Maintain First Amendment Rights And Safety In The Midst Of Controversial On-Campus Speakers, Alyson R. Hamby
Cornell Law Review
Against a backdrop of national political turmoil, universities have experienced volatile reactions from their student bodies and outsiders in protest of the inflammatory speakers that schools host on their campuses. This Note discusses the tension between First Amendment protections and tort liability in the context of higher education. Specifically, it focuses on the interplay between controversial, on-campus speakers and the violent protests that arise in reaction to them. While examining this interaction, this Note emphasizes the legal duties of academic institutions in facilitating these on-campus speakers while also protecting their students’ constitutional rights and safety. In examining these conflicts, the …
International Cybertorts: Expanding State Accountability In Cyberspace, Rebecca Crootof
International Cybertorts: Expanding State Accountability In Cyberspace, Rebecca Crootof
Cornell Law Review
States are not being held accountable for the vast majority of their harmful cyberoperations, largely because classifications created in physical space do not map well onto the cyber domain. Most injurious and invasive cyberoperations are not cybercrimes and do not constitute cyberwarfare, nor are states extending existing definitions of wrongful acts permitting countermeasures to cyberoperations (possibly to avoid creating precedent restricting their own activities). Absent an appropriate label, victim states have few effective and nonescalatory responsive options, and the harms associated with these incidents lie where they fall.
This Article draws on tort law and international law principles to construct …
Mass Torts -- Messy Ethics, Charles W. Wolfram
Mass Torts -- Messy Ethics, Charles W. Wolfram
Cornell Law Review
No abstract provided.