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Individual Accountability For Corporate Crime, Gregory Gilchrist 2018 University of Toledo College of Law

Individual Accountability For Corporate Crime, Gregory Gilchrist

Georgia State University Law Review

Corporate crime is too often addressed by fining the corporation, leaving the real people who committed the crime facing no consequence at all. This failure to hold individuals accountable in cases of corporate malfeasance generates an accountability gap that undermines deterrence and introduces expressive costs. Facing heightened criticism of this trend, then-Deputy Attorney General Sally Yates issued a policy designed to generate prosecutions of real people in cases of corporate wrongdoing. The policy reflects a strong and continuing demand for more prosecutions of individuals in the corporate context.

This Article contends that the effort to introduce accountability by increasing prosecutions ...


Don’T Let The Bed Bugs Bill: Landlord Liability For Bed Bug Infestations In Georgia, Megan M. Harrison 2018 Georgia State University College of Law

Don’T Let The Bed Bugs Bill: Landlord Liability For Bed Bug Infestations In Georgia, Megan M. Harrison

Georgia State University Law Review

Although the historical relationship between bed bugs and humans dates back to ancient Egypt, the common bed bug, or Cimex lectularius, vanished from the beds of Americans around World War II. In the late 1990s, however, our bloodsucking bedfellows returned. Bed bug infestations are a growing public health issue. Bed bugs are now found in all fifty states, with populations in five states reaching epidemic levels. Both the Environmental Protection Agency (EPA) and the Center for Disease Control and Prevention(CDC) consider bed bugs a “pest of significant public health importance."

Despite their name, bed bugs are not limited to ...


When You Should Have Known: Rethinking Constructive Knowledge In Tort Liability For Sexual Transmission Of Hiv, John A. Turcotte 2018 University of Maine School of Law

When You Should Have Known: Rethinking Constructive Knowledge In Tort Liability For Sexual Transmission Of Hiv, John A. Turcotte

Maine Law Review

AIDS is a modern epidemic that has grabbed the forefront of this nation's attention like no other disease in the twentieth century. Despite vigorous medical research and experimentation, the disease remains incurable and ultimately fatal. Protecting the health of the citizens has always been a strong policy of the law. Tort liability for the spread of contagious diseases dates back to the early nineteenth century. Tort liability for sexual transmission of AIDS began to appear in the late 1980s, not long after the appearance of the disease. Based as it was on the tort actions arising from other transmittable ...


How The Law Court Uses Duty To Limit The Scope Of Negligence Liability, Paul F. Macri 2018 University of Maine School of Law

How The Law Court Uses Duty To Limit The Scope Of Negligence Liability, Paul F. Macri

Maine Law Review

The element of duty is the least understood and most amorphous element of negligence. One reason that duty is not well understood is that duty analysis combines consideration of fact-specific issues of foreseeability of harm, relationship between the parties, and seriousness of injury with analysis of the public policy implications of finding a duty in the specific case, including the burden that will be placed on defendants by imposing a duty. This is a delicate balancing act for most courts. Over the last eleven years, the Maine Supreme Judicial Court, sitting as the Law Court, has employed duty analysis in ...


Not Fully Discretionary: Incorporating A Factor-Based Standard Into The Ftca's Discretionary Function Exception, Daniel Cohen 2018 Northwestern University School of Law

Not Fully Discretionary: Incorporating A Factor-Based Standard Into The Ftca's Discretionary Function Exception, Daniel Cohen

Northwestern University Law Review

The Federal Tort Claims Act (FTCA) pulls back the curtain of sovereign immunity and allows private citizens to directly sue the federal government for damages resulting from negligence. Passed in 1946 and never amended, the statute carries no limit on potential damages, only prohibiting punitive damages and jury trials. Other than those procedural limitations, the potential liability of the government is unlimited—except for one single exception: the discretionary function exception. The discretionary function exception shields the government from liability for “the failure to exercise or perform a discretionary function or duty.” Congress failed to elaborate on the definition and ...


Hb 1 - Space Flight, Malissa Caroline Barger, Ethan L. Smith 2018 Georgia State University College of Law

Hb 1 - Space Flight, Malissa Caroline Barger, Ethan L. Smith

Georgia State University Law Review

The Act limits the civil and criminal liability of a space flight entity for injuries sustained by space flight participants arising from ordinary negligence. The Act defines new terms and provides a statutory waiver form that participants with informed consent must sign. The Act mandates space flight participants sign the waiver before participating in any space flight activity. The Act does not limit the liability of space flight entities for gross negligence or intentional acts, nor does it prevent suits from anyone other than the space flight participant.


Sb 219 - Autonomous Vehicles, W. Perry Hicks, Alan J. Ponce 2018 Georgia State University College of Law

Sb 219 - Autonomous Vehicles, W. Perry Hicks, Alan J. Ponce

Georgia State University Law Review

The Act amends Georgia’s Motor Vehicles and Traffic Code to create a legal framework for autonomous vehicles to operate in Georgia. Persons responsible for operating fully autonomous vehicles are exempted from holding a driver’s license. In the event of an accident involving an autonomous vehicle, the vehicle must remain at the scene and the operator of the autonomous vehicle must provide necessary information to law enforcement. Minimum liability insurance requirements for autonomous vehicles will be the same as minimum coverages required for the taxi and limousine industry after January 1, 2020. Minimum coverages are set at 250 percent ...


Deep Pocket Jurisprudence: Where Tort Law Should Draw The Line, Victor E. Schwartz, Phil Goldberg, Christopher E. Appel 2018 University of Oklahoma College of Law

Deep Pocket Jurisprudence: Where Tort Law Should Draw The Line, Victor E. Schwartz, Phil Goldberg, Christopher E. Appel

Oklahoma Law Review

No abstract provided.


Agriculture And Res Ipsa Loquitur, Chad G. Marzen 2018 University of Oklahoma College of Law

Agriculture And Res Ipsa Loquitur, Chad G. Marzen

Oklahoma Law Review

No abstract provided.


Revisionist Municipal Liability, Avidan Y. Cover 2018 Case Western Reserve University School of Law

Revisionist Municipal Liability, Avidan Y. Cover

Faculty Publications

The current constitutional torts system under 42 U.S.C. § 1983 affords little relief to victims of government wrongdoing. Victims of police brutality seeking accountability and compensation from local police departments find their remedies severely limited because the municipal liability doctrine demands plaintiffs meet near-impossible standards of proof relating to policies and causation.

The article provides a revisionist historical account of the Supreme Court’s municipal liability doctrine’s origins. Most private litigants’ claims for damages against cities or police departments do not implicate the doctrine’s early federalism concerns over protracted federal judicial interference with local governance. Meanwhile the ...


Copyright As Market Prospect, Shyamkrishna Balganesh 2018 University of Pennsylvania Law School

Copyright As Market Prospect, Shyamkrishna Balganesh

Faculty Scholarship

For many decades now, copyright jurisprudence and scholarship have looked to the common law of torts—principally trespass and negligence—in order to understand copyright’s structure of entitlement and liability. This focus on property- and harm-based torts has altogether ignored an area of tort law with significant import for our understanding of copyright law: tortious interference with a prospective economic advantage. This Article develops an understanding of copyright law using tortious interference with a prospect as a homology. Tortious interference with a prospect allows a plaintiff to recover when a defendant's volitional actions interfere with a potential economic ...


Engineering Standards In Highway Design Litigation, Michael Lewyn 2017 Touro Law Center

Engineering Standards In Highway Design Litigation, Michael Lewyn

Michael E Lewyn

Chapter in "Engineering Standards for Forensic Application." (coauthored) Focuses on soveriegn immunity for highway designers.


Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb 2017 Rochester Institute of Technology

Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb

Articles

This article provides context for and examines aspects of the design process of a game for learning. Lost & Found (2017a, 2017b) is a tabletop-to-mobile game series designed to teach medieval religious legal systems, beginning with Moses Maimonides’ Mishneh Torah (1180), a cornerstone work of Jewish legal rabbinic literature. Through design narratives, the article demonstrates the complex design decisions faced by the team as they balance the needs of player engagement with learning goals. In the process the designers confront challenges in developing winstates and in working with complex resource management. The article provides insight into the pathways the team found ...


Segovia V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 112 (Dec. 28, 2017), Alexis Wendl 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Segovia V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 112 (Dec. 28, 2017), Alexis Wendl

Nevada Supreme Court Summaries

The Court determined that (1) the 2015 amendment that added “physician assistant” to NRS 41A was not intended to clarify the previous statute’s original intent; and (2) The 2015 Legislature intended for the 2015 amendment that added “physician assistant” to NRS Chapter 41A to apply prospectively.


Peck V. Zipf, 133 Nev. Adv. Op. 108 (Dec. 28, 2017), Jeff Chronister 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Peck V. Zipf, 133 Nev. Adv. Op. 108 (Dec. 28, 2017), Jeff Chronister

Nevada Supreme Court Summaries

Under NRS 41A.071, a plaintiff’s malpractice claim must be dismissed if the claim is not accompanied by an expert affidavit, but NRS 41A.100(1) states that the expert affidavit need not be submitted if the medical malpractice claim is argued under the res ipsa loquitur doctrine. Because the appellant failed to prove that the instrument left in his body was the result of surgery, the claim was properly dismissed in that the claim did not satisfy the elements to permit the statutory exception of the res ipsa loquitur doctrine. Likewise, NRS 41A.071 does not violate the ...


State, Dep’T. Of Bus. And Indus., Fin. Inst. Div. V. Dollar Loan Ctr., L.L.C., 133 Nev Adv. Op. 103 (Dec. 26, 2017) (En Banc), Emily Meibert 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

State, Dep’T. Of Bus. And Indus., Fin. Inst. Div. V. Dollar Loan Ctr., L.L.C., 133 Nev Adv. Op. 103 (Dec. 26, 2017) (En Banc), Emily Meibert

Nevada Supreme Court Summaries

The Court determined that NRS 604A.408(2)(f) bars a licensee from bringing any type of enforcement action on a refinancing loan under the statute. This is because allowing for enforcement action would go against the legislative purpose of the statute.


Mays V. City Of Flint, Michigan, Nathan A. Burke 2017 Alexander Blewett III School of Law at the University of Montana

Mays V. City Of Flint, Michigan, Nathan A. Burke

Public Land and Resources Law Review

In Mays v. City of Flint Michigan, Michigan Department of Environmental Quality employees removed a class action against them in the Michigan state court to federal court under the federal-officer removal statute. This court ruled in favor of the residents of Flint, determining that the federal officer removal statute did not give the federal court jurisdiction over a state agency simply because the agency must follow federal rules. The court held that Michigan Department of Environmental Quality employees could not have been “acting under” the federal government even though the state agency’s enforcement authority could be trumped by the ...


The Right Balance: Qualified Immunity And Section 1983, Jana Minich 2017 Cedarville University

The Right Balance: Qualified Immunity And Section 1983, Jana Minich

Channels: Where Disciplines Meet

This paper explores qualified immunity jurisprudence in the context of Section 1983 lawsuits against police officers. Following an overview of the history behind this jurisprudence, this research looks into the current problems with the application of qualified immunity: lack of guidance for lower courts, a need for constitutional rights articulation, and a divergence from notice-based standard for particularity. This study suggests guiding the trajectory of case law toward solutions with foundations already present in precedent rather than overhauling the system of qualified immunity.


United States V. Osage Wind, Llc, Summer Carmack 2017 Alexander Blewett III School of Law at the University of Montana

United States V. Osage Wind, Llc, Summer Carmack

Public Land and Resources Law Review

The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian ...


Budzko V. One City Center Associates Limited Partnership: Maine's Unique Approach To Business Owners' Duty To Remove Ice And Snow, Jennifer A.W. Williams 2017 University of Maine School of Law

Budzko V. One City Center Associates Limited Partnership: Maine's Unique Approach To Business Owners' Duty To Remove Ice And Snow, Jennifer A.W. Williams

Maine Law Review

In February 2001, the Maine Supreme Judicial Court, sitting as the Law Court, decided for the first time in Budzko v. One City Center Associates Limited Partnership, what duty of care a business landowner owes to business invitees regarding the accumulation of ice and snow during a storm. Terry Budzko slipped and fell as she was exiting One City Center, the building in which her employer leased office space. The steps had not been shoveled or sanded and a snowstorm had been progressing throughout the day. The Law Court, placing heavy reliance on the factor of foreseeability, held that “[b ...


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