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Articles 1 - 15 of 15
Full-Text Articles in Law
Trolley Problems, Private Necessity, And The Duty To Rescue, Laura A. Heymann
Trolley Problems, Private Necessity, And The Duty To Rescue, Laura A. Heymann
Faculty Publications
Laidlaw v. Sage is generally, at best, an oddity in Torts casebooks today. A case that captured the imagination of New York newspaper readers at the time, Laidlaw involved an explosion that, William Laidlaw argued, the wealthy Russell Sage survived only because, at the last moment, he pulled Laidlaw in front of him to absorb the brunt of the blast. As taught in Torts classrooms, Laidlaw is either a case about the intent requirement for battery or a case about causation. But the case, assuming the plaintiff’s story was true, also provides an interesting window into what would seem to …
The Costs Of Dissent: Protest And Civil Liabilities, Timothy Zick
The Costs Of Dissent: Protest And Civil Liabilities, Timothy Zick
Faculty Publications
This Article examines the civil costs and liabilities that apply to individuals who organize, participate in, and support protest activities. Costs ranging from permit fees to punitive damages significantly affect First Amendment speech, assembly, and petition rights. A variety of common law and statutory civil claims also apply to protest activities. Plaintiffs have recently filed a number of new civil actions negatively affecting protest, including "negligent protest," "aiding and abetting defamation," "riot boosting," "conspiracy to protest," and "tortious petitioning." The labels are suggestive of the threats these suits pose to First Amendment rights. All of these costs and liabilities add …
Sylvanna Gross ’23: Reflections On The Fall 2020 Semester, Sylvanna Gross
Sylvanna Gross ’23: Reflections On The Fall 2020 Semester, Sylvanna Gross
Law School Personal Reflections on COVID-19
No abstract provided.
Candidate Privacy, Rebecca Green
Candidate Privacy, Rebecca Green
Faculty Publications
In the United States, we have long accepted that candidates for public office who have voluntarily stepped into the public eye sacrifice claims to privacy. This refrain is rooted deep within the American enterprise, emanating from the Framers' concept of the informed citizen as a bedrock of democracy. Voters must have full information about candidates to make their choices at the ballot box. Even as privacy rights for ordinary citizens have expanded, privacy theorists and courts continue to exempt candidates from privacy protections. This Article suggests that two disruptions warrant revisiting the privacy interests of candidates. The first is a …
Knowing How To Know: Secondary Liability For Speech In Copyright Law, Laura A. Heymann
Knowing How To Know: Secondary Liability For Speech In Copyright Law, Laura A. Heymann
Faculty Publications
Contributory copyright infringement has long been based on whether the defendant, "with knowledge of the infringing activity," induced, caused, or materially contributed to another's infringing conduct. But few court opinions or scholarly articles have given due consideration to what it means to "know" of someone else's infringing conduct, particularly when the unlawfulness at issue cannot truly exist until a legal judgment occurs. How can one "know," in other words, that a court or jury will deem a particular use infringement rather than de minimis or fair use? At best, contributory defendants engage in a predictive exercise--in some cases, a more …
Liability For Ai Decision-Making: Some Legal And Ethical Considerations, Iria Giuffrida
Liability For Ai Decision-Making: Some Legal And Ethical Considerations, Iria Giuffrida
Faculty Publications
No abstract provided.
'Neurophobia,' A Reply To Patterson, Peter A. Alces
'Neurophobia,' A Reply To Patterson, Peter A. Alces
Faculty Publications
No abstract provided.
A Legal Perspective On The Trials And Tribulations Of Ai: How Artificial Intelligence, The Internet Of Things, Smart Contracts, And Other Technologies Will Affect The Law, Iria Giuffrida, Fredric Lederer, Nicolas Vermeys
A Legal Perspective On The Trials And Tribulations Of Ai: How Artificial Intelligence, The Internet Of Things, Smart Contracts, And Other Technologies Will Affect The Law, Iria Giuffrida, Fredric Lederer, Nicolas Vermeys
Faculty Publications
No abstract provided.
Norfolk’S Flooding Adaptation Measures: Taking Lawful Precautions Or ‘Takings’ Lawsuits?, Emilie A. Whitehurst
Norfolk’S Flooding Adaptation Measures: Taking Lawful Precautions Or ‘Takings’ Lawsuits?, Emilie A. Whitehurst
Virginia Coastal Policy Center
No abstract provided.
Overview Of A City’S Tort Liability Duties To Maintain And Protect Local Government Services From Sea Level Rise: Poquoson Case Study, Alex Horning
Virginia Coastal Policy Center
No abstract provided.
“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block
“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block
Virginia Coastal Policy Center
No abstract provided.
Civil Recourse As Social Equality, Jason M. Solomon
Civil Recourse As Social Equality, Jason M. Solomon
Faculty Publications
No abstract provided.
Equal Accountability Through Tort Law, Jason M. Solomon
Equal Accountability Through Tort Law, Jason M. Solomon
Faculty Publications
No abstract provided.
The Externality Of Victim Care, Alan J. Meese
The Externality Of Victim Care, Alan J. Meese
Faculty Publications
No abstract provided.
Right-Talk And Torts-Talk: A Commentary On The Road Not Taken In The Intellectual History Of Tort Law, Paul A. Lebel
Right-Talk And Torts-Talk: A Commentary On The Road Not Taken In The Intellectual History Of Tort Law, Paul A. Lebel
Faculty Publications
No abstract provided.