Improving The Effectiveness Of South Korean Product Liability Including Punitive Damages: A Comparative Analysis Between The United States And South Korea, 2017 Indiana University Maurer School of Law
Improving The Effectiveness Of South Korean Product Liability Including Punitive Damages: A Comparative Analysis Between The United States And South Korea, Minsung Kim
Maurer Theses and Dissertations
As South Korean Product Liability Act was revised to adopt the U.S. doctrine of punitive damages, there is a theoretical necessity of reviewing the relations between the theory of product liability and the U.S. doctrine of punitive damages. The theory of product liability is closely related to the strict liability but the doctrine of punitive damages has been developed to regulate malicious misconducts. Due to the different basic concepts, the strict liability and malicious misconducts, the theory of product liability might not include the doctrine of punitive damages. In addition to the compatibility issue, functions of the punitive damages are …
The Civil Redress And Historical Memory Act Of 2029: A Legislative Proposal, 2017 California Western School of Law
The Civil Redress And Historical Memory Act Of 2029: A Legislative Proposal, William J. Aceves
University of Michigan Journal of Law Reform
During the extant “War on Terror,” U.S. and foreign nationals who did not engage in hostilities were detained and mistreated abroad by the United States or by other countries with the acquiescence of the United States. These individuals were accused of being terrorists or were suspected of associating with terror groups, but they were, in fact, innocent. They were eventually released and were never charged by the United States with any crime. Despite their innocence, the United States has failed to provide them with any form of redress for their mistreatment. The Bush, Obama, and Trump administrations refused to apologize …
The Uncertain Case For Appraisal Arbitrage, 2017 Florida State University College of Law
The Uncertain Case For Appraisal Arbitrage, Jay B. Kesten
Scholarly Publications
No abstract provided.
Winning The Battle But Losing The War: Towards A More Consistent Approach To Prevailing Party Fee Shifting In The Contractural Context, 2017 Florida A&M University College of Law
Winning The Battle But Losing The War: Towards A More Consistent Approach To Prevailing Party Fee Shifting In The Contractural Context, John R. Schleppenback
Florida A & M University Law Review
As a general matter, history has not been very kind to losers. In the turmoil of the Middle Ages, loss on the battlefield could also mean the looting of one's property, the sacking of one's home, and potentially even the assault of one's spouse. The nineteenth century was the era of "to the victors belong the spoils," meaning that an electoral win allowed the prevailing political party a complete monopoly on political appointments and government contracts to the exclusion of the loyal opposition. Even today, professional athletes would sooner face anonymity than defeat on the playing field, living by the …
Cybersecurity, Identity Theft, And Standing Law: A Framework For Data Breaches Using Substantial Risk In A Post-Clapper World, 2017 American University Washington College of Law
Cybersecurity, Identity Theft, And Standing Law: A Framework For Data Breaches Using Substantial Risk In A Post-Clapper World, James C. Chou
American University National Security Law Brief
No abstract provided.
Legal Resources On The Trump Immigration Ban, 2017 The University of Akron
Legal Resources On The Trump Immigration Ban, Center For Constitutional Law
Con Law Center Articles and Publications
This resource bibliography provides legal resources related to the litigation over the presidential immigration ban issued on Jan. 27, 2017. These resources include the executive order, key court decisions, and explanatory commentary.
The Middleman - Intermediary Liability: United States, 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law
The Middleman - Intermediary Liability: United States, Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble appeared on a panel at the 120th International Association for the Protection of Intellectual Property World Conference hosted in Sydney, Australia on October 16, 2017. This panel session discussed intermediary liability in the digital world in key jurisdictions, including the availability of site blocking injunctions and address the practical effects and inherent limitations of such injunctions in the digital era.
Transnational Enforcement, 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law
Transnational Enforcement, Marketa Trimble
Boyd Briefs / Road Scholars
Winston & Strawn and the Berkeley Center for Law and Technology hosted a seminar on Global Strategies for IP on September 14, 2017 in Palo Alto, California. Professor Marketa Trimble joined an esteemed group of panelists and guests lecturing on the underlying problem of IP infringement outside the U.S., its impact on U.S. companies, and available remedies.
Challenging Nonbank Sifi Designations: Ge, Metlife, And The Need For Reform, 2017 Brooklyn Law School
Challenging Nonbank Sifi Designations: Ge, Metlife, And The Need For Reform, Drita Dokic
Brooklyn Journal of Corporate, Financial & Commercial Law
The Dodd-Frank Wall Street Reform and Consumer Protection Act created, among other things, the Financial Stability Oversight Council (FSOC), an entity within the U.S. Department of the Treasury tasked with assessing and mitigating financial risk. Financial institutions with over $50 billion in assets are automatically deemed “systemically important.” However, under the Dodd-Frank Act, FSOC has the authority to designate non-bank companies engaged in financial activity as systemically important as well. Once designated as a systemically important financial institution (SIFI), these companies are subject to enhanced regulation and supervision by the Federal Reserve. Because the costs associated with such enhanced regulation …
Calculating Damages In An Uncertain World, 2017 University of Richmond
Calculating Damages In An Uncertain World, John F. Preis
Law Faculty Publications
There is a rule in the world of remedies that has always struck me as unfair. The rule, generally speaking, is that damages are not available unless they can be proven with certainty. For example, suppose that I own a pub and hire a karaoke DJ for Friday night. Karaoke is popular in my town and I advertise the event widely. On Friday afternoon, however, the DJ breaches and I’m left without entertainment. During the night, patrons show up and ask about the DJ. Many of them express disappointment; some decide to remain and have a couple drinks but some …
Taking It To The Bank: Creating A New Constitutional Standard And Using Blue Carbon Banking To Compensate The Miccosukee Tribe For The Federal "Taking" Of Their Tribal Lands, 2017 Florida A&M University College of Law
Taking It To The Bank: Creating A New Constitutional Standard And Using Blue Carbon Banking To Compensate The Miccosukee Tribe For The Federal "Taking" Of Their Tribal Lands, Amy Judkins
Florida A & M University Law Review
The typical remedy for a property owner whose property interests have been diminished from government regulations—as is the case with the federal government's regulation of the Miccosukee's tribal lands—would be compensation sought under the Fifth Amendment of the United States Constitution. The last clause of the Fifth Amendment— the Takings Clause—provides that "private property [shall not] be taken for public use, without just compensation." The Supreme Court has explained that the purpose of the Takings Clause is to prevent the government from "forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by …
Empowering Individual Plaintiffs, 2017 Brooklyn Law School
Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky
All Faculty Scholarship
The individual plaintiff plays a critical—yet, underappreciated—role in our legal system. Only lawsuits that are brought by individual plaintiffs allow the law to achieve the twin goals of efficiency and fairness. The ability of individual plaintiffs to seek justice against those who wronged them deters wrongdoing, ex ante, and in those cases in which a wrong has been committed nevertheless, it guarantees the payment of compensation, ex post. No other form of litigation, including class actions and criminal prosecutions, or even compensation funds, can accomplish the same result. Yet, as we show in this Essay, in many key sectors of …
The Weaponized Lawsuit Against The Media: Litigation Funding As A New Threat To Journalism, 2017 American University Washington College of Law
The Weaponized Lawsuit Against The Media: Litigation Funding As A New Threat To Journalism, Lili Levi
American University Law Review
No abstract provided.
Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, 2017 American University Washington College of Law
Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Clarifying Uncertainty: Why We Need A Small Claims Copyright Court, 2017 Marquette University Law School
Clarifying Uncertainty: Why We Need A Small Claims Copyright Court, John Zuercher
Marquette Intellectual Property Law Review
This article is concerned with the question of whether copyright law in the United States is currently equipped to achieve its original goal, set within the U.S. Constitution, to promote innovation and progress. This article suggests that copyright law is not equipped to achieve this goal because a paradox inherent in copyright law is hindering copyright litigation and causing uncertainty. The paradox is found in 17 U.S.C. § 106, which protects transformative works that are derivative, and 17 U.S.C. § 107, which protects transformative works as fair use. Ideally, the federal courts would solve this dilemma by interpreting the appropriate …
Us-Cool Retaliation: The Wto’S Article 22.6 Arbitration, 2017 Duke Law School
Us-Cool Retaliation: The Wto’S Article 22.6 Arbitration, Chad P. Bown, Rachel Brewster
Faculty Scholarship
This paper examines the World Trade Organization’s Article 22.6 arbitration report on the dispute over the United States’ country of origin labeling (US–COOL) regulation for meat products. At prior phases of the legal process, a WTO Panel and the Appellate Body had sided with Canada and Mexico by finding that the US regulation had negatively affected their exports of livestock – cattle and hogs – to the US market. The arbitrators authorized Canada and Mexico to retaliate by over $1 billion against US exports – the second largest authorized retaliation on record and only the twelfth WTO dispute to reach …
Disgorgement Of Defendant's Gains From "Opportunistic" Breach Of Contract: Its Fit In Rhode Island, 2017 J.D. 2018, Roger Williams University School of Law
Disgorgement Of Defendant's Gains From "Opportunistic" Breach Of Contract: Its Fit In Rhode Island, Kelsey A. Hayward
Roger Williams University Law Review
No abstract provided.
The Circular Logic Of Actavis, 2017 American University Washington College of Law
The Circular Logic Of Actavis, Joshua B. Fischman
American University Law Review
No abstract provided.
A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, 2017 Texas A&M University School of Law
A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney
Fordham Law Review
Using this broad connotation of justice, this Article questions whether many victims of legal malpractice are denied access to justice. In writing about the regulatory function of legal malpractice as a tort, Professor John Leubsdorf argues that legal malpractice relates to three important functions of the law of lawyering: “[D]elineating the duties of lawyers, creating appropriate incentives and disincentives for lawyers in their dealings with clients and others, and providing access to remedies for those injured by improper lawyer behavior.” Arguably, persons injured by lawyer misconduct are denied access to justice if our civil liability system does not provide them …
Incorporating Social Justice Into The Law School Curriculum With A Hybrid Doctrinal/Writing Course, 50 J. Marshall L. Rev. 221 (2017), 2017 UIC School of Law
Incorporating Social Justice Into The Law School Curriculum With A Hybrid Doctrinal/Writing Course, 50 J. Marshall L. Rev. 221 (2017), Rosa Castello
UIC Law Review
Educating future lawyers is about more than just teaching them substantive law. We are preparing professionals who will go out into our world and shape and affect it in deep and impacting ways. They will make law, enforce law, determine policy, defend people, advocate, and influence lives and businesses. Therefore, any thorough law school education should teach social justice and encourage students to become more engaged in activism. One way to incorporate social justice into the law school curriculum is to offer specific courses focused on social justice. However, administrators may be concerned about demand for such classes or ability …