The Plasticity Of The Body, The Injury, And The Claim: Personal Injury Claims In The Era Of Plastic Surgeries, 2019 College of William & Mary Law School
The Plasticity Of The Body, The Injury, And The Claim: Personal Injury Claims In The Era Of Plastic Surgeries, Adi Youcht
William & Mary Journal of Race, Gender, and Social Justice
The accelerated rise in the number of plastic surgeries has created an inflation of personal injury claims in connection with this cultural practice. This Article, on the one hand, aims to understand how the culture of plastic surgeries affects the tortious area of personal injury law (terms, concepts, goals, procedures, remedies, etc.), and on the other to understand how the significance of plastic surgery popular culture is designated by law. The Article suggests a new paradigm for defining personal injuries in order to face the legal challenges raised by plastic surgery culture and, in light of the culture’s re-designation ...
It Is Emphatically The Province And Duty Of State Courts To Say What Tort Law Is, 2019 Fordham University School of Law
It Is Emphatically The Province And Duty Of State Courts To Say What Tort Law Is, Sijin Choi
Fordham Law Review
Following the U.S. Supreme Court’s 2011 decision in PLIVA, Inc. v. Mensing, consumers of generic prescription drugs suffering from unwarnedof side effects largely remain without an avenue of legal recourse due to their inability to sue their own manufacturers. But in the pursuit for legal redress, some generic plaintiffs have pursued a narrow window of liability by bringing failure-to-warn claims, sounding in negligence, against the manufacturer responsible for producing the brand-name equivalent of the generic drug. Such claims rest on the rationale that the sui generis federal regulatory scheme governing the prescription drug industry furnishes an inextricable nexus ...
Tort Liability And Unawareness, 2019 University of Exeter
Tort Liability And Unawareness, Surajeet Chakravarty, David Kelsey, Joshua C. Teitelbaum
Georgetown Law Faculty Publications and Other Works
Unawareness is a form of bounded rationality where a person fails to conceive all feasible acts or consequences or to perceive as feasible all conceivable act-consequence links. We study the implications of unawareness for tort law, where relevant examples include the discovery of a new product or technology (new act), of a new disease or injury (new consequence), or that a product can cause an injury (new link). We argue that negligence has an important advantage over strict liability in a world with unawareness—negligence, through the stipulation of due care standards, spreads awareness about the updated probability of harm.
A Conceptual And Comparative Analysis Of The Obligations Of Third-Party Certifiers, 2019 Ghent University Law School
A Conceptual And Comparative Analysis Of The Obligations Of Third-Party Certifiers, Jan De Bruyne
Ohio Northern University Law Review
No abstract provided.
Bytes Bite: Why Corporate Data Breaches Should Give Standing To Affected Individuals, 2019 Washington and Lee University School of Law
Bytes Bite: Why Corporate Data Breaches Should Give Standing To Affected Individuals, Caden Hayes
Washington and Lee Journal of Civil Rights and Social Justice
High-profile data hacks are not uncommon. In fact, according to the Privacy Rights Clearinghouse, there have been at least 7,961 data breaches, exposing over 10,000,000,000 accounts in total, since 2005. These shocking numbers are not particularly surprising when taking into account the value of information stolen. For example, cell phone numbers, as exposed in a Yahoo! hack, are worth $10 a piece on the black market, meaning the hackers stood to make $30,000,000,000 from that one hack. That dollar amount does not even consider copies the hackers could make and later resell. Yet ...
Constitutionalizing Class Certification, 2019 Louisiana State Univiersity, Paul M. Hebert Law Center
Constitutionalizing Class Certification, Margaret S. Thomas
Margaret S. Thomas
No abstract provided.
Parens Patriae And The States' Historic Police Power, 2019 Louisiana State University Law Center
Parens Patriae And The States' Historic Police Power, Margaret S. Thomas
Margaret S. Thomas
No abstract provided.
State Public Nuisance Claims And Climate Change Adaptation, 2019 University of California, Davis, School of Law
State Public Nuisance Claims And Climate Change Adaptation, Albert C. Lin, Michael Burger
Pace Environmental Law Review
This Article explores the potential for state public nuisance claims to facilitate adaptation, resource protection, and other climate change responses by coastal communities in California. The California public nuisance actions represent just the latest chapter in efforts to spur responses to climate change and attribute responsibility for climate change through the common law. Part II of this Article describes the California public nuisance lawsuits and situates them in the context of common law actions directed against climate change. Part III considers the preliminary defenses that defendants have raised and could raise in the California public nuisance lawsuits, including the existence ...
Table Of Contents, 2019 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Rehabilitating The Nuisance Injunction To Protect The Environment, 2019 Washington and Lee University School of Law
Rehabilitating The Nuisance Injunction To Protect The Environment, Doug Rendleman
Washington and Lee Law Review
The Trump Administration has reversed the federal government’s role of protecting the environment. The reversal focuses attention on states’ environmental capacity. This Article advocates more vigorous state environmental tort remedies for nuisance and trespass. An injunction is the superior remedy in most successful environmental litigation because it orders correction and improvement. Two anachronistic barriers to an environmental injunction are the New York Court of Appeals’ decision, Boomer v. Atlantic Cement, and Calabresi and Melamed’s early and iconic law-and-economics article, One View of the Cathedral. This Article examines and criticizes both because, by subordinating the injunction to money damages ...
The "Art" Of Future Life: Rethinking Personal Injury Law For The Negligent Deprivation Of A Patient's Right To Procreation In The Age Of Assisted Reproductive Technologies, 2019 Chicago-Kent College of Law
The "Art" Of Future Life: Rethinking Personal Injury Law For The Negligent Deprivation Of A Patient's Right To Procreation In The Age Of Assisted Reproductive Technologies, Erika N. Auger
Chicago-Kent Law Review
No abstract provided.
The Demise Of § 1983 Malicious Prosecution: Separating Tort Law From The Fourth Amendment, 2019 Notre Dame Law School
The Demise Of § 1983 Malicious Prosecution: Separating Tort Law From The Fourth Amendment, Erin E. Mcmannon
Notre Dame Law Review
The common-law tort of malicious prosecution originally developed to provide a remedy for plaintiffs who were unjustly prosecuted in a criminal proceeding. Today, malicious prosecution actions can be brought to redress wrongful civil actions as well. The “central thrust” of an action for malicious prosecution is a right not to be involved in an unjustified litigation.
This Note suggests that the confusion in this area of law derives from the use of the language of malicious prosecution tort law to describe what really amounts to a Fourth Amendment seizure claim under § 1983. There is no constitutional right to be free ...
Who’S Driving That Car?: An Analysis Of Regulatory And Potential Liability Frameworks For Driverless Cars, 2019 Boston College Law School
Who’S Driving That Car?: An Analysis Of Regulatory And Potential Liability Frameworks For Driverless Cars, Madeline Roe
Boston College Law Review
Driverless, or autonomous, cars are being tested on public roadways across the United States. For example, California implemented a new regulation in 2018 that allows manufacturers to test driverless cars without a person inside the vehicle, so long as the manufacturers adhere to numerous requirements. The emergence of these vehicles raises questions about accident liability and the reach of state regulation regarding driverless cars. To address these questions, it is beneficial to look at the liability framework for another artificial intelligence system, such as surgical robots. This Note will explore possible frameworks of liability before arguing in support of further ...
Champions For Justice & Public Interest Auction 2019, 2019 Roger Williams University
Champions For Justice & Public Interest Auction 2019, Roger Williams University School Of Law
School of Law Public Interest Auction
No abstract provided.
Nevor V. Moneypenny Holdings, Llc: Availability Of Prejudgment Interest For Mixed Maritime Law And Jones Act Claims, 2019 University of Maine School of Law
Nevor V. Moneypenny Holdings, Llc: Availability Of Prejudgment Interest For Mixed Maritime Law And Jones Act Claims, Adam S. Bohanan
Ocean and Coastal Law Journal
In maritime personal injury cases, courts have traditionally seen prejudgment interest as part of the compensation due to a prevailing plaintiff. The goal of ensuring the fullest compensation possible has long been recognized as a basic principle of admiralty law. However, federal appellate courts are split over whether to award prejudgment interest on a mixed claim under general maritime law and the Jones Act. This Note explores this issue in Nevor v. Moneypenny Holdings, LLC, which was the first time the question had been raised in the First Circuit. The Fifth and Sixth Circuits have held that because prejudgment interest ...
Posner And Class Actions, 2019 USC Law School
Posner And Class Actions, Daniel M. Klerman
University of Southern California Legal Studies Working Paper Series
The hallmark of Judge Posner’s class action decisions is rigorous review to ensure that aggregate litigation serves the best interests of class members and does not unduly pressure defendants to settle. Although he championed class actions, especially as a way to provide efficient justice in cases involving numerous small claims, Posner also recognized that, because of the agency problems that pervade class action litigation, ordinary adversary procedures were not sufficient to protect class members. As a result, the judge had to act as a fiduciary for the class, especially when approving settlements and fee awards. In addition, the colossal ...
Whose Market Is It Anyway? A Philosophy And Law Critique Of The Supreme Court’S Free-Speech Absolutism, 2019 Penn State Dickinson Law
Whose Market Is It Anyway? A Philosophy And Law Critique Of The Supreme Court’S Free-Speech Absolutism, Spencer Bradley
Dickinson Law Review
In the wake of Charlottesville, the rise of the alt-right, and campus controversies, the First Amendment has fallen into public scrutiny. Historically, the First Amendment’s “marketplace of ideas” has been a driving source of American political identity; since Brandenburg v. Ohio, the First Amendment protects all speech from government interference unless it causes incitement. The marketplace of ideas allows for the good and the bad ideas to enter American society and ultimately allows the people to decide their own course.
Yet, is the First Amendment truly a tool of social progress? Initially, the First Amendment curtailed war-time dissidents and ...
Using The Anglo-American Respondeat Superior Principle To Assign Responsibility For Worker Statutory Benefits And Protections, 2019 Boston University School of Law
Using The Anglo-American Respondeat Superior Principle To Assign Responsibility For Worker Statutory Benefits And Protections, Michael C. Harper
Washington University Global Studies Law Review
When viewed flexibly, not to find doctrinal rules, but rather to find insight from judges’ collective judgment on social values, the common law may have particular value for modern policy makers. For instance, a common law insight could set policy makers in both the United States (U.S.) and the United Kingdom (U.K.) on a promising path for defining when workers are to be protected and benefitted by employment statutes. That insight reflects the underlying rationale for the common law that made relevant the initial distinction between employees and independent contractors - the common law of vicarious liability through respondeat ...
The Deterrence Case For Comprehensive Automaker Enterprise Liability, 2019 University of Michigan Law School
The Deterrence Case For Comprehensive Automaker Enterprise Liability, Kyle D. Logue
Journal of Law and Mobility
This Article lays out the potential (at this point purely theoretical) deterrence benefits of replacing our current auto tort regime (including auto products liability law, driver-based negligence claims, and auto no-fault regimes) with a single, comprehensive automaker enterprise liability system. This new regime would apply not only to Level 5 vehicles, but to all automobiles made and sold to be driven on public roads. Because such a system would make automakers unconditionally responsible for the economic losses resulting from any crashes of their vehicles, it would in effect make automakers into auto insurers as well, although such a change will ...
Abolishing The Suicide Rule, 2019 Northwestern Pritzker School of Law
Abolishing The Suicide Rule, Alex B. Long
Northwestern University Law Review
Suicide is increasingly recognized as a public health issue. There are over 40,000 suicides a year in the U.S., making suicide the tenth-leading cause of death in the country. But societal attitudes on the subject remain decidedly mixed. Suicide is often closely linked to mental illness, a condition that continues to involve stigma and often triggers irrational fears and misunderstanding. For many, suicide remains an immoral act that flies in the face of strongly held religious principles. In some ways, tort law’s treatment of suicide mirrors the conflicting societal views regarding suicide. Tort law has long been ...