Law Commons^™

Public Trauma: Why Utah Should Waive Immunity For Mental Anguish Injuries, Adam Reed Moore

BYU Law Review

No abstract provided.

Strict Liability For The Information Age, Kevin Alden

BYU Law Review

No abstract provided.

Medical Device Artificial Intelligence: The New Tort Frontier, Charlotte A. Tschider

BYU Law Review

The medical device industry and new technology start-ups have dramatically increased investment in artificial intelligence (AI) applications, including diagnostic tools and AI-enabled devices. These technologies have been positioned to reduce climbing health costs while simultaneously improving health outcomes. Technologies like AI-enabled surgical robots, AI-enabled insulin pumps, and cancer detection applications hold tremendous promise, yet without appropriate oversight, they will likely pose major safety issues. While preventative safety measures may reduce risk to patients using these technologies, effective regulatory-tort regimes also permit recovery when preventative solutions are insufficient.

The Food and Drug Administration (FDA), the administrative agency responsible for overseeing the …

Conflict Of Laws For The Age Of Cybertorts: A Game Theoretic Study Of Corporate Profiteering From Choice Of Law Loopholes And Interstate Torts, Yunsieg P. Kim

BYU Law Review

This Article identifies a choice of law loophole that corporations can exploit to commit interstate torts against individuals without paying damages by inducing victims to sue in a state where they are guaranteed to lose. The Second Restatement effectively requires plaintiffs bringing interstate tort claims to allege which state has the most significant relationship to their injury, because most federal courts rely on plaintiffs allegations to choose a state law for the purpose of resolving motions to dismiss. However, when torts are committed over state lines (for example, over the internet), plaintiffs can be misinformed or misled as to where …

Forward: State Enforcement In An Interstate World, Margaret H. Lemos

BYU Law Review

“State Enforcement in an Interstate World” is an important topic—fully deserving of all the attention it has received. Past commentators on this topic have generally treated the federal government as a unitary entity. Building on prior work on the subject, this Article explores the polycentric nature of federal regulatory authority and shows how cooperation and rivalry have long been dominant realities of the modern administrative state. The Article discusses how these dynamics complicate analysis of state enforcement in an interstate world and identifies strategies for reducing the frequency and magnitude of the seemingly inevitable conflicts.

Class Actions, Jurisdiction, And Principle In Doctrinal Design, David Marcus, Will Ostrander

BYU Law Review

No abstract provided.

The (Surprisingly) Prevalent Role Of States In An Era Of Federalized Class Actions, Linda S. Mullenix

BYU Law Review

In enacting the Class Action Fairness Act of 2005 (CAFA), Congress intended to expand access to the federal courts for interstate class actions by creating minimal diversity and removal jurisdiction. In Section 2 of the Act, “Findings and Purposes,” Congress stated that class action abuses undermined “the concept of diversity jurisdiction as intended by the Framers of the United States Constitution” in that state courts kept cases of national importance out of federal court and sometimes demonstrated bias against out-of-state defendants. Congress stated that a purpose of CAFA was to “restore the intent of the framers of the United States …

Behind The Curtain Of Tort Reform, Roland Christensen

BYU Law Review

No abstract provided.

Rethinking Injury: The Case Of Informed Consent, Erin Sheley

BYU Law Review

This article argues that the traditional debates between the expressive and compensatory views of tort law ignore the way in which an injury may itself have an expressive component, one that in turn increases the extent of physical harm suffered by a victim. I take up the example of informed consent in the medical malpractice context to show how an excessively narrow idea of physical harm has negative consequences for tort law in general. In these situations, when a physician performs a procedure without providing the patient with sufficient information, we can better understand the harm that occurs through a …

Did The Sixth Circuit Get It Right In Stadnyk?: What To Do About The § 104(A)(2) Personal Injury Damages Exclusion, Genny Barrett

BYU Law Review

No abstract provided.

Working The Unworkable Rule Established In Philip Morris: Acknowledging The Difference Between Actual And Potential Injury To Nonparties, Daniel Sulser Agle

BYU Law Review

No abstract provided.

The Discretionary Function Exception To The Federal Tort Claims Act: A Proposal For A Workable Analysis, Andrelv Hyer

BYU Law Review

No abstract provided.

Caveat Vendor: Potential Progeny, Paternity, And Product Liability Online, Dawn R. Swink, J. Brad Reich

BYU Law Review

No abstract provided.

Don't Ask, Don't Tell: Hipaa's Effect On Informal Discovery In Products Liability And Personal Injury Cases, Daniel M. Roche

BYU Law Review

No abstract provided.

Predator In The Primary: Applying The Tort Of Negligent Hiring To Volunteers In Religious Organizations, Morgan Fife

BYU Law Review

No abstract provided.

Sosa V. Alvarez-Machain And Abu Ghraib--Civil Remedies For Victims Of Extraterritorial Torts By U.S. Military Personnel And Civilian Contractors, Scott J. Borrowman

BYU Law Review

No abstract provided.

The Effects Of Judicial Immunization Of Passive Sellers In Sanns V. Butterfield Ford And A Proposal For The Shifting Nature Of Fault, Jason R. Burt

BYU Law Review

No abstract provided.

Advisory Juries And Their Use And Misuse In Federal Tort Claims Act Cases, Matthew L. Zabel

BYU Law Review

No abstract provided.

Product Liabiity And Game Theory: One More Trip To The Choice-Of-Law Well, Michael I. Krauss

BYU Law Review

No abstract provided.

Make It, Market It, And You May Have To Pay For It: An Evaluation Of Gun Manufacturer Liability For The Criminal Use Of Uniquely Dangerous Firearms In Light Of In Re 101 California Street, Joi Gardner Pearson

BYU Law Review

No abstract provided.

Section L04(A)(2) After Commissioner U. Schleier: Litigating The Excludability Of Statutory Damages "Received On Account Of Personal Injuries", T. James Lee Jr.

BYU Law Review

No abstract provided.

The Utah Medical No-Fault Proposal: A Problem-Fraught Rejection Of The Current Tort System, Matthew K. Richards

BYU Law Review

No abstract provided.

The Complex Litigation Project's Choice Of Law Rules For Mass Torts And How To Escape Them, Fred I. Williams

BYU Law Review

No abstract provided.

Peer Abuse In Public Schools: Should Schools Be Liable For Student To Student Injuries Under Section 1983?, Robert L. Phillips

BYU Law Review

No abstract provided.

An Employer's Guide To Protecting Trade Secrets From Employee Misappropriation, Derek P. Martin

BYU Law Review

No abstract provided.

Redefining Objectivity: 'I'He Case For The Reasonable Woman Standard In Hostile Environment Claims, David L. Pinkston

BYU Law Review

No abstract provided.

Survey Of Utah Strict Products Liability Law: From Hahn To The Present And Beyond, Robert A. Mcconnell

BYU Law Review

No abstract provided.

The Conversion Of Intangible Property: Bursting The Ancient Trover Bottle With New Wine, Val D. Ricks

BYU Law Review

No abstract provided.

Weather Modification: The Continuing Search For Rights And Liabilities, Gregory N. Jones

BYU Law Review

No abstract provided.

Damage Apportionment In Accounting Malpractice Actions: The Role Of Comparative Fault

BYU Law Review

No abstract provided.