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Full-Text Articles in Law
Burdens Of Proof In Establishing Negligence: A Comparative Law And Economics Analysis, Francesco Parisi, Giampaolo Frezza
Burdens Of Proof In Establishing Negligence: A Comparative Law And Economics Analysis, Francesco Parisi, Giampaolo Frezza
Articles
Inherent in any judicial system is the need to allocate the burden of proof on one party. Within the realm of negligence torts, that burden is traditionally placed on the plaintiff, meaning that the plaintiff must bring forth sufficient evidence to establish negligence by the defendant. In effect, this is a legal presumption of non-negligence in favor of the defendant. In some jurisdictions for specific torts, defendants are, instead, presumed negligent, therefore requiring defendants to come forth with sufficient evidence to prove their due diligence. In this paper, we discuss the legal origins and effects of these differences in a …
Liability Or No Liability? Promoting Safety By Shifting Accident Losses Onto Third Parties, Francesco Parisi
Liability Or No Liability? Promoting Safety By Shifting Accident Losses Onto Third Parties, Francesco Parisi
Articles
In a recent article, Guerra et al. considered the problem of liability for accidents caused by the activity of robots, proposing a novel liability regime, which they referred to as ‘manufacturer’s residual liability.’ Under this regime, injurers (robot operators) and victims are liable for accidents due to their negligence (hence, they are incentivised to act diligently), and third-party robot manufacturers bear all remaining accident losses, even when the accident is not caused by a defect or malfunction of the robot. In this article, I explore the possibility of extending this framework of liability to other tort scenarios. I refer to …
The Virtuous Executive, Alan Rozenshtein
The Virtuous Executive, Alan Rozenshtein
Articles
As currently conceived, executive power law and scholarship detach the identity of the President from the powers and duties of the presidency. Whether an official was properly dismissed without cause, whether a pardon was validly issued, whether a foreign policy debacle rose to the level of an impeachable offense—the answers to all these questions are not supposed to depend on the President’s personal characteristics.
This Article argues that this veil of ignorance is incompatible with a correct understanding of Article II. To properly empower good Presidents and constrain bad ones, constitutional actors must take into account the President’s personal characteristics. …
Deepfake 2024: Will Citizens United And Artificial Intelligence Together Destroy Representative Democracy?, Richard Painter
Deepfake 2024: Will Citizens United And Artificial Intelligence Together Destroy Representative Democracy?, Richard Painter
Articles
Deepfakes – computer generated counterfeit videos and audios of people saying and doing things they never said or did – are proliferating on social media and increasingly will be used to target candidates in elections. Citizens United v. FEC, and cases decided in its aftermath, have opened the floodgates of dark money funded electioneering communications, and some of this money will be spent on deepfakes made and disseminated by persons unknown. Some deepfakes may originate outside the United States, as they become a new instrument for foreign interference in U.S. elections.
The Federal Election Commission (FEC) has been asked by …
Independence Reconceived, Claire A. Hill, Yaron Nili
Independence Reconceived, Claire A. Hill, Yaron Nili
Articles
What makes a director independent? Scholars, regulators, and investors have grappled for decades with the fleeting notion of director independence. Originally conceived as guardians of shareholder interests that could safeguard a corporate board’s ability to check management’s power, independent directors have become a marquee feature of modern corporate governance. But do the corporate actions of directors that are considered “independent” under current standards comport with what we think independence requires? In many cases, the answer would seem to be “no.” From a lack of observable financial impact to the unabated flow of corporate scandals, independent directors seem to keep failing …
The Court’S Morality Play: The Punishment Lens, Sex, And Abortion, June Carbone, Naomi Cahn
The Court’S Morality Play: The Punishment Lens, Sex, And Abortion, June Carbone, Naomi Cahn
Articles
This Article uncovers the hidden framework for the Supreme Court’s approach to public values, a framework that has shaped—and will continue to shape—the abortion debate. The Court has historically used a “punishment lens” to allow the evolution of moral expression in the public square, without enmeshing the Court itself in the underlying values debate. The punishment lens allows a court to redirect attention by focusing on the penalty rather than the potentially inflammatory subject for which the penalty is being imposed, regardless of whether the subject is contraception, abortion, Medicaid expansion, or pretrial detention.
This Article is unique in discussing …
January 6, Ambiguously Inciting Speech, And The Overt-Acts Rule, Alan Rozenshtein
January 6, Ambiguously Inciting Speech, And The Overt-Acts Rule, Alan Rozenshtein
Articles
A prosecution of Donald Trump for his role in the January 6 attack on the Capitol would have to address whether the First Amendment protects the inflammatory remarks he made at the “Stop the Steal” rally. A prosecution based solely on the content of Trump’s speech—whether for incitement, insurrection, or obstruction—would face serious constitutional difficulties under Brandenburg v. Ohio’s dual requirements of intent and likely imminence. But a prosecution need not rely solely on the content of Trump’s speech. It can also look to Trump’s actions: his order to remove the magnetometers from the entrances to the rally and his …
Promoting Patent Practitioner Diversity: Expanding Non-Jd Pathways And Removing Barriers, Christopher M. Turoski
Promoting Patent Practitioner Diversity: Expanding Non-Jd Pathways And Removing Barriers, Christopher M. Turoski
Articles
No abstract provided.
From Mandates To Governance: Restructuring The Employment Relationship, Brett Mcdonnell, Matthew Bodie
From Mandates To Governance: Restructuring The Employment Relationship, Brett Mcdonnell, Matthew Bodie
Articles
No abstract provided.
Beyond Purposivism In Tax Law, Jonathan H. Choi
Fifty Years Of Patent Remedies Case Law: Two Steps Forward, One Step Back, Thomas F. Cotter
Fifty Years Of Patent Remedies Case Law: Two Steps Forward, One Step Back, Thomas F. Cotter
Articles
Over the past fifty years, courts have developed a body of case law on patent remedies that is, in many respects, solidly grounded in economic reasoning. Among the high points are the courts’ embrace, in various contexts, of the simple principle that patent damages should restore patent owners to the position they would have occupied, but for the infringement—and of an important corollary to that principle, namely the importance to damages calculations of the “noninfringing alternatives” concept. By contrast, certain other developments—including the confusing standards for determining when it is appropriate to use the “entire market value” of a product …
The Many Faces Of Modern Legal Realism, Brian Bix
The Many Faces Of Modern Legal Realism, Brian Bix
Articles
This work offers an overview of the consequences and implications of the work of the American Legal Realists. First, the article considers Brian Leiter’s naturalist understanding of the realist project and how he uses it as an occasion to argue for a generally naturalist approach to legal philosophy. Second, Frederick Schauer transforms a legal realist-like focus on the concerns of average citizens for legal enforcement to advocate for the view that coercion is central to understanding law. Third, self-styled New Legal Realists try to merge a realist-inspired search for the effects of legal rules with a more traditional respect for …
Will Competition Reduce Attention Costs In Social Media?, Francesco Parisi
Will Competition Reduce Attention Costs In Social Media?, Francesco Parisi
Articles
Unlike other monopolies, social media networks almost uniformly give access to their services for free to everybody. Economists refer to these markets as “zero-price markets.” The main, and often sole, source of revenue for the network owners comes from fees that are paid by advertisers. Network owners offer access to users in exchange for users’ attention to advertisements. Economists refer to these implicit market exchanges under the heading of “attention economy.” Regulatory solutions and antitrust remedies have been considered to foster cost reduction in the market economy. This paper investigates the conditions under which an increase in competition in the …
How A New Standard Of Care Can Make Social Media Companies Better “Good Samaritans”, Jenna Hensel
How A New Standard Of Care Can Make Social Media Companies Better “Good Samaritans”, Jenna Hensel
Minnesota Law Review
No abstract provided.
Libor: The World’S Most Important Headache, Alec Foote Mitchell
Libor: The World’S Most Important Headache, Alec Foote Mitchell
Minnesota Law Review
No abstract provided.
Moving Beyond Reflexive Chevron Deference: A Way Forward For Asylum Seekers Basing Claims On Membership In A Particular Social Group, Seiko Shastri
Moving Beyond Reflexive Chevron Deference: A Way Forward For Asylum Seekers Basing Claims On Membership In A Particular Social Group, Seiko Shastri
Minnesota Law Review
No abstract provided.
Imagining The Progressive Prosecutor, Benjamin Levin
Imagining The Progressive Prosecutor, Benjamin Levin
Minnesota Law Review
No abstract provided.
Presidential Law, Shalev Roisman
Facial Recognition And The Fourth Amendment, Andrew Guthrie Ferguson
Facial Recognition And The Fourth Amendment, Andrew Guthrie Ferguson
Minnesota Law Review
No abstract provided.
Random Selection For Scaling Standards, Michael Abramowicz
Random Selection For Scaling Standards, Michael Abramowicz
Minnesota Law Review
No abstract provided.
Injurers Versus Victims: (A)Symmetric Reactions To Symmetric Risks, Francesco Parisi, Alice Guerra
Injurers Versus Victims: (A)Symmetric Reactions To Symmetric Risks, Francesco Parisi, Alice Guerra
Articles
Tort models assume symmetry in the behavior of injurers and victims when faced by a threat of liability and a risk of harm without compensation, respectively. This assumption has never been empirically validated. Using a novel experimental design, we study the behavior of injurers and victims when facing symmetric accident risks. Experimental results provide qualified support for the symmetric behavior hypothesis.
Early Repayment Of Loans Under Eu Law: The Lexitor Judgment, Enrico Baffi, Francesco Parisi
Early Repayment Of Loans Under Eu Law: The Lexitor Judgment, Enrico Baffi, Francesco Parisi
Articles
Recent changes in EU law provide flexibility and protection to consumers, facilitating early repayment of loans, when the consumer is no longer interested in continuing a credit relationship. From an economic point of view, early repayment of loans should be facilitated, because it allows money that is no longer needed to be put to other desirable uses. Under current EU law, as recently interpreted in the Lexitor judgment by the Court of Justice of the European Union, upon early repayment of a loan, consumers can obtain a pro-rated reimbursement of all the up-front and recurring costs of the loan, including …
Judicial Restoration Of Rights As An Auxiliary To The Pardon Power, Janeanne Murray
Judicial Restoration Of Rights As An Auxiliary To The Pardon Power, Janeanne Murray
Articles
No abstract provided.
Second Look = Second Chance: Turning The Tide Through Nacdl's Model Second Look Legislation, Janeanne Murray, Sean Hecker, Michael Skocpol, Marissa Elkins
Second Look = Second Chance: Turning The Tide Through Nacdl's Model Second Look Legislation, Janeanne Murray, Sean Hecker, Michael Skocpol, Marissa Elkins
Articles
No abstract provided.
What Both Hart And Fuller Got Wrong, Oren Gross
Catching Unfitness, Jon J. Lee
Uncoupling, June Carbone, Naomi Cahn
Extraterritorial Damages In Patent Law, Tom Cotter
The Law Of Energy Exports, Alexandra Klass, Shantal Pai
The Law Of Energy Exports, Alexandra Klass, Shantal Pai
Articles
No abstract provided.
Legislative Administration, Maria Ponomarenko
Legislative Administration, Maria Ponomarenko
Articles
A distinct feature of local administrative practice is that many of the entities responsible for “administering” various statutory schemes are not in fact agencies at all. In jurisdictions large and small, local legislative bodies, including municipal councils and county boards, engage in a great deal of “administrative” activity. They grant permits, approve zoning variances, and hear disciplinary appeals. And in performing these functions they, at least in theory, are subject to the same procedural requirements and substantive standards of review that would apply if the decisions were made instead by an administrative entity. The problem, as courts occasionally have recognized, …