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Full-Text Articles in Law
The Illusive "Reasonable Person": Can Neuroscience Help The Mentally Disabled?, Ian J. Cosgrove
The Illusive "Reasonable Person": Can Neuroscience Help The Mentally Disabled?, Ian J. Cosgrove
Notre Dame Law Review
This Note argues that the distinction between what constitutes a physical versus a mental disability can no longer rationally be sustained. Specifically, its purpose is to show that providing an exception to the “reasonable person” standard in negligence actions for the physically disabled while withholding it for those with mental infirmities is increasingly indefensible. Part I briefly tracks the origins of the current rule in tort law that holds the mentally and physically disabled to separate standards. This discussion is purposely left short because of the breadth of scholarship tracing the standard. Part II seeks to justify, through neuroscientific brain …
Determining Trademark Standing In The Wake Of Lexmark, John L. Brennan
Determining Trademark Standing In The Wake Of Lexmark, John L. Brennan
Notre Dame Law Review
This Note examines relevant statutory language, case law, and scholarly criticism, and ultimately contends that the standard articulated in Lexmark should apply to both types of claims. Part I provides background regarding the history of the Lanham Act, looking particularly at the ways in which courts have treated trademarks and false advertising differently. Part II discusses the Lexmark decision and the recent district court cases that have addressed its holding. Part III examines the text of both the Lanham Act and the Supreme Court’s opinion in Lexmark in order to determine the decision’s scope, and concludes that Lexmark’s holding …
The Original Source Of The Cause Of Action In Federal Courts: The Example Of The Alien Tort Statute, Anthony J. Bellia, Bradford R. Clark
The Original Source Of The Cause Of Action In Federal Courts: The Example Of The Alien Tort Statute, Anthony J. Bellia, Bradford R. Clark
Journal Articles
Judges and scholars have long debated the legitimacy and contours of federal common law causes of action — actions created neither by Congress nor by state law. The question of federal judicial power to recognize federal common law causes of action arises in a range of contexts in the field of federal courts, including with respect to whether federal courts may recognize an implied right of action for the violation of a constitutional or statutory provision that does not specifically create one. Recently, the power of federal courts to recognize federal common law causes of action has emerged as a …