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Full-Text Articles in Law

Satellite Digital Audio Radio Searching For Novel Theories Of Action, Daniel H. Erskine May 2003

Satellite Digital Audio Radio Searching For Novel Theories Of Action, Daniel H. Erskine

Daniel H. Erskine

Satellite radio may be becoming increasingly popular, but there is a little known drawback to the technology: it interferes with many existing wireless networks in place, such as cellular telephone service. This article looks at the legal implications that this interference causes and what kind of liability satellite operators like Sirius and XM Radio may face. Erskine includes a detailed description of how satellite radio operates and in turn describes how this operation causes the disruption. He then moves into a discussion of the current law surrounding the technology and different theories of liability, including tort theories. His approach is …


Equality In The Virtual Workplace, Michelle A. Travis Dec 2002

Equality In The Virtual Workplace, Michelle A. Travis

Michelle A. Travis

This article places the sociological data on telecommuting into a theoretical context in an attempt to resolve a current split in feminist work/family conflict jurisprudence. Some legal feminists argue that women's workplace inequality is largely the result of forces external to the workplace - i.e., learned or inherent differences in women's propensity to perform carework. Other legal feminists argue that women's workplace inequality is largely the result of forces internal to the workplace - i.e., workplace structures and practices that exclude most women from the most desirable jobs. This article argues that the telecommuting data supports the latter theory, rather …


Vincent V. Lake Erie Transportation Co.: Liability For Harm Caused By Necessity, Stephen D. Sugarman Dec 2002

Vincent V. Lake Erie Transportation Co.: Liability For Harm Caused By Necessity, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.


Contributory Or Comparative: Which Is The Optimal Negligence Rule?, Christopher J. Robinette, Paul G. Sherland Dec 2002

Contributory Or Comparative: Which Is The Optimal Negligence Rule?, Christopher J. Robinette, Paul G. Sherland

Christopher J Robinette

Almost immediately after negligence emerged as a distinct tort in the early nineteenth century, the defense of contributory negligence began to develop in conjunction with it. The contributory negligence rule is that when a plaintiff's negligence contributes to the occurrence of an accident, the plaintiff cannot recover damages from a defendant who negligently injures him. Thus, even a slightly negligent plaintiff could not recover from a negligent defendant if the plaintiff's negligence proximately caused his own injury. The contributory negligence rule originated in the English case of Butterfield v. Forrester and was eventually adopted by all fifty states and the …


Personal Injury And Social Policy: Institutional And Ideological Alternatives, Stephen D. Sugarman Dec 2002

Personal Injury And Social Policy: Institutional And Ideological Alternatives, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.