Transportation Law Commons^™

Compensation At The Crossroads: Autonomous Vehicles & Alternative Victim Compensation Schemes, Tracy Hresko Pearl

William & Mary Law Review

Fully autonomous vehicles will become available to consumers within the next five to seven years. Experts predict that these vehicles will be drastically safer than their human-driven counterparts and will save thousands of lives each year in the United States alone. However, crashes will still occur, and when they do, they will raise unique and troubling issues about liability and fault that both negligence and products liability jurisprudence are not yet wellsuited to handle.

Whether the civil justice system can adjudicate autonomous vehicle crash cases fairly and efficiently impacts (a) whether manufacturers can afford to produce these vehicles or whether …

Lessons From Literal Crashes For Code, Margot Kaminski

Publications

No abstract provided.

An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez

Miguel Martínez

The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.

Off-Road Torts: The Difficulties Of Representing A Client Injured Due To Defects In Vehicles Modified For Off-Road Use Or Injured Due To A Dangerous Condition Of The Land., Nicholas Morgan

Nicholas Morgan

No abstract provided.

R2dford: Autonomous Vehicles And The Legal Implications Of Varying Liability Structures, Alexander P. Herd

Alexander P Herd

The World Health Organization estimates that by 2030, traffic accidents will be the fifth leading cause of death in the world. Thus when Google announced that it had designed an autonomous car which could reduce traffic accidents by as much as ninety percent, there was cause for excitement. Some states have already started legislation to permit the use of autonomous cars in anticipation of the release later this decade. Courts and lawmakers need to consider who will be liable when the car that drives itself crashes. Standards used in aviation and naval cases regarding auto-pilot can be applied to the …

“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block

Virginia Coastal Policy Center

No abstract provided.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Airline Liability For Loss, Damage Or Delay Of Passenger Baggage, M. R. Franks

ExpressO

The article discusses remedies and methods of enforcing airline liability for loss, damage or delay of passenger baggage. The article includes a discussion of the law as it relates both to domestic flights and to international flights where passenger luggage is lost, damaged or delayed. The article includes a discussion of the Warsaw Convention as it relates to international flights and of the Federal Aviation Regulations applicable in the case of domestic flights.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Disability And Income Loss Benefits Under The Minnesota No-Fault Act, Michael K. Steenson

Faculty Scholarship

The Minnesota No-Fault Automobile Insurance Act was intended to ensure the “prompt payment of specific basic economic loss benefits to victims of automobile accidents without regard to whose fault caused the accident,” to prevent overcompensation of less seriously injured people by the interposition of tort thresholds, and to encourage appropriate medical and rehabilitation treatment by assuring prompt payment for that treatment. It seems clear that at least some of the initial promise of the Act has not been fulfilled. Payment of basic economic loss benefits, which the legislature intended to be paid promptly, has become bogged down in a quagmire …

Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie

LLM Theses and Essays

Shipowners are exposed to a variety of risks that are, to a large extent, unique to maritime business. Because of factors like the recent increase in the size and value of ships, increase in marine traffic, enactment of legislation imposing new liabilities, and the tendency of courts to make huge awards to personal injury and death claims, shipowners are exposed to potential losses or claims worth millions of dollars in the event of disaster. These heavy risks led to the establishment of the marine insurance industry, as well as the enactment of legislation that limits shipowners’ liability. This legislation was …

A Primer On Minnesota No-Fault Automobile Insurance, Michael K. Steenson

Faculty Scholarship

The Minnesota No-Fault Act has undergone substantial change since its enactment in 1974. Recent legislative modifications and judicial constructions of the Act's provisions have served to correct earlier deficiencies, but have raised new and complex problems of interpretation. In light of these developments, Professor Steenson provides an overview that explains how the Act functions. After tracing the history of automobile insurance regulation in Minnesota, Professor Steenson examines in detail the various compulsory and optional insurance coverages under the Act, the proper sources of payment under those coverages, and the limitations imposed by the Act on the right to recover damages …

No-Fault In A Fault Context: Tort Actions And Section 65b.51 Of The Minnesota No-Fault Automobile Insurance Act, Michael K. Steenson

Faculty Scholarship

The passage of the Minnesota No-Fault Automobile Insurance Act has created new problems for the Minnesota lawyer. Some of the most pressing problems concern the effect of the Act on tort actions. This article analyzes the provisions of the No-Fault Act dealing with limitations on tort recovery and suggests solutions to come of the many interpretive problems created by the Act.

New Nations And The International Custom, S. Prakash Sinha

William & Mary Law Review

No abstract provided.

Torts-Imputation Of Negligence Of Driver To Passenger As Bar To Recovery Against Negligent Third Party. [Michigan]

Washington and Lee Law Review

No abstract provided.

Negligence--Railroads--Duty Owing Trespassers And Licensee--Effect Of Exceeding License, D. V. B.

West Virginia Law Review

No abstract provided.

Automobiles--Negligence--Parking Wrecking Truck On Highway Contrary To Statute, D. D. J. Jr.

West Virginia Law Review

No abstract provided.

Torts-Legal Basis For The Operation Of The Family Purpose Doctrine [Ener V. Gandy, Tex. 1940]

Washington and Lee Law Review

No abstract provided.

Torts--Contributory Negligence Of An Automobile Passenger, Melville Stewart

West Virginia Law Review

No abstract provided.

The Stop, Look And Listen Rule, Fletcher W. Mann

West Virginia Law Review

No abstract provided.

Negligence--Liability Of State Road Commission For Personal Injuries Arising Out Of Failure To Repair Highways, R. T. D.

West Virginia Law Review

No abstract provided.

Torts--Contributory Negligence--Duty To Stop, Look And Listen, E. C. D.

West Virginia Law Review

No abstract provided.

Carriers--Care Required To Discover Obstructions, K. V. J.

West Virginia Law Review

No abstract provided.

Railroads--Duty To Take Precautions To Avoid Injury To Domestic Animals Near Track, M. H. M.

West Virginia Law Review

No abstract provided.

License--Licensor-S Liability To Licensee--Duty On Railroad Company, M. T. V.

West Virginia Law Review

No abstract provided.