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Articles 1 - 24 of 24
Full-Text Articles in Law
Keeping Ai Under Observation: Anticipated Impacts On Physicians' Standard Of Care, Iria Giuffrida, Taylor Treece
Keeping Ai Under Observation: Anticipated Impacts On Physicians' Standard Of Care, Iria Giuffrida, Taylor Treece
Faculty Publications
As Artificial Intelligence (AI) tools become increasingly present across industries, concerns have started to emerge as to their impact on professional liability. Specifically, for the medical industry--in many ways an inherently "risky" business--hospitals and physicians have begun evaluating the impact of Al tools on their professional malpractice risk. This Essay seeks to address that question, zooming in on how AI may affect physicians' standard of care for medical malpractice claims.
Accidents And Aggregates, Lee Anne Fennell
Accidents And Aggregates, Lee Anne Fennell
William & Mary Law Review
Tort law responds to discrete, harmful events—“accidents”—by converting unruly facts into a binary on/off judgment about liability. This operation, characteristic of much of law, resembles the “thresholding” process used to convert grayscale images to black and white. It embeds decisions about how to isolate and evaluate the sample of risk-related behavior connected to the accident. This Article focuses on the implicit but powerful role that aggregation—of behavior, precautions, and events—plays in the determination of liability. These aggregative choices determine how large a slice of an injurer’s conduct tort law will capture within its viewfinder, and how tight the causal connection …
Secure My Data Or Pay The Price: Consumer Remedy For The Negligent Enablement Of Data Breach, John A. Fisher
Secure My Data Or Pay The Price: Consumer Remedy For The Negligent Enablement Of Data Breach, John A. Fisher
William & Mary Business Law Review
Every time we swipe our debit cards, pay our bills online, or sign up for a service like Netflix, we are entrusting important identifying information to the companies with which we do business. Most of the time, those companies take seriously the obligation to protect our data and prevent it from falling into the hands of those who would use it to benefit themselves at our expense. Some companies, however, fail to do enough to meet that burden, making it easier for identity thieves to inflict personal and financial injury on consumers. To date, our legal system has essentially denied …
Negligent Hiring And The Information Age: How State Legislatures Can Save Employers From Inevitable Liability, Katherine A. Peebles
Negligent Hiring And The Information Age: How State Legislatures Can Save Employers From Inevitable Liability, Katherine A. Peebles
William & Mary Law Review
No abstract provided.
Texas Elective Workers' Compensation: A Model Of Innovation?, Jason Ohana
Texas Elective Workers' Compensation: A Model Of Innovation?, Jason Ohana
William & Mary Business Law Review
Workers' Compensation is often described as a bargain between employers and employees. Employees give up the right to sue their employers in negligence for workplace injuries, and, in return, employers agree to pay predictable, statutorily mandated benefits to injured employees. Over time, this “bargain” became compulsory in every state but one. Texas is the only state in which employers and employees can decide whether or not to enter the workers' compensation bargain. This elective system has some fairly serious problems, and many have advocated its abandonment. This Note analyzes the system's history, compares the system to conventional compulsory systems, analyzes …
The Need For A Negligence Standard Of Care For Credit Rating Agencies, Rachel Jones
The Need For A Negligence Standard Of Care For Credit Rating Agencies, Rachel Jones
William & Mary Business Law Review
No abstract provided.
Embedded Federal Questions, Exclusive Jurisdiction, And Patent-Based Malpractice Claims, Christopher G. Wilson
Embedded Federal Questions, Exclusive Jurisdiction, And Patent-Based Malpractice Claims, Christopher G. Wilson
William & Mary Law Review
No abstract provided.
Sleight Of Hand, Benjamin C. Zipursky
Negligence And Nuclear Nonproliferation: Eliminating The Current Liability Barrier To Bilateral U.S.- Russian Nonproliferation Assistance Programs, Patrick F. Speice Jr.
Negligence And Nuclear Nonproliferation: Eliminating The Current Liability Barrier To Bilateral U.S.- Russian Nonproliferation Assistance Programs, Patrick F. Speice Jr.
William & Mary Law Review
No abstract provided.
Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein
Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein
Faculty Publications
Priestly v. Fowler has long been noted as the source of the doctrine of common employment. This Article, however, argues that the case is better understood in the context of the then-emerging independent tort of negligence-specifically, as an unsuccessful attempt to require of masters a duty of care towards their servants. The Article re-examines the facts, arguments, personalities, and various reported versions of the case in tracing the effort to establish a new duty of care. The Article traces, as well, to another case, Hutchinson v. York, the true origins of the common employment doctrine. Finally, the Article compares the …
The Externality Of Victim Care, Alan J. Meese
The Externality Of Victim Care, Alan J. Meese
Faculty Publications
No abstract provided.
Torts - Damage Suits Against Pharmacists And Physicians Based On Negligence In Birth Control Treatments. Troppi V. Scarf, 187 N.W.2d 511 (Mich. 1971), Robert L. Winikoff
Torts - Damage Suits Against Pharmacists And Physicians Based On Negligence In Birth Control Treatments. Troppi V. Scarf, 187 N.W.2d 511 (Mich. 1971), Robert L. Winikoff
William & Mary Law Review
No abstract provided.
Torts - Mental Distress - Recovery By Third Persons - Archibald V. Braverman, 275 Cal. App. 2d 290, __ P. 2d __, 79 Cal. Rptr. 723 (1969), Robert L. Walker
Torts - Mental Distress - Recovery By Third Persons - Archibald V. Braverman, 275 Cal. App. 2d 290, __ P. 2d __, 79 Cal. Rptr. 723 (1969), Robert L. Walker
William & Mary Law Review
No abstract provided.
Torts - Contributory Negligence - Failure To Attach Seat Belts - Cierpisz V. Singleton, 230 A.2d 629 (Md. 1967), Michael A. Brodie
Torts - Contributory Negligence - Failure To Attach Seat Belts - Cierpisz V. Singleton, 230 A.2d 629 (Md. 1967), Michael A. Brodie
William & Mary Law Review
No abstract provided.
The Case Against The Guest Statute, O. Forrest Morgan Jr.
The Case Against The Guest Statute, O. Forrest Morgan Jr.
William & Mary Law Review
No abstract provided.
Status Of The Social Guest: A New Look, Jerry Franklin
Status Of The Social Guest: A New Look, Jerry Franklin
William & Mary Law Review
No abstract provided.
The Virginia Uninsured Motorist Law: Its Intent And Purpose, James L. Tucker
The Virginia Uninsured Motorist Law: Its Intent And Purpose, James L. Tucker
William & Mary Law Review
No abstract provided.
Torts - Policeman As Licensee, William T. Lehner
Torts - Policeman As Licensee, William T. Lehner
William & Mary Law Review
No abstract provided.
Torts: Immunity Of Parent From Suit By Child Does Not Extend To Estate Of Deceased Parent, Allan H. Harbert
Torts: Immunity Of Parent From Suit By Child Does Not Extend To Estate Of Deceased Parent, Allan H. Harbert
William & Mary Law Review
No abstract provided.
Torts: Right Of Brother And Sister To Sue, W. Kendall Lipscomb Jr.
Torts: Right Of Brother And Sister To Sue, W. Kendall Lipscomb Jr.
William & Mary Law Review
No abstract provided.
Torts, Animal Or Vehicle, Contributory Negligence Of Pedestrians, James J. Mcgowan Jr.
Torts, Animal Or Vehicle, Contributory Negligence Of Pedestrians, James J. Mcgowan Jr.
William & Mary Law Review
No abstract provided.
Torts, Automobile Guest Statute, Owner-Passenger Not Guest Of Driver-Guest, Shannon T. Mason Jr.
Torts, Automobile Guest Statute, Owner-Passenger Not Guest Of Driver-Guest, Shannon T. Mason Jr.
William & Mary Law Review
No abstract provided.
Property - Damages For Timber Trespass, Harmon D. Maxson
Property - Damages For Timber Trespass, Harmon D. Maxson
William & Mary Law Review
No abstract provided.
Compensation For Air Pressure Injury, L. Travis Branch
Compensation For Air Pressure Injury, L. Travis Branch
William & Mary Law Review
No abstract provided.