Held Accountable: Should Gun Manufacturers Be Held Liable For The Criminal Use Of Their Products, 2020 Pepperdine University
Held Accountable: Should Gun Manufacturers Be Held Liable For The Criminal Use Of Their Products, Benjamin Caryan
The Journal of Business, Entrepreneurship & the Law
This comment starts with a review of the most stringent laws currently enacted. After going over what is enacted, it will discuss the reasons given as to why gun manufacturers should be held liable and under what theories, including tort liability and public nuisance theories. Next, it will cover novel approaches to the strict liability, including arguments like negligent distribution, entrustment, and marketing. It will discuss similarities between the tobacco, automobile, and alcohol industry with the firearms industry. It will then go over how the recent push for gun legislation affected the sale and purchase of firearms. Lastly, to summarize ...
When Worlds Collide: Protecting Physical World Interests Against Virtual World Malfeasance, 2020 California State University
When Worlds Collide: Protecting Physical World Interests Against Virtual World Malfeasance, Hilary Silvia, Nanci K. Carr
Michigan Technology Law Review
If a virtual-world-game character is cast upon real-world property without the consent of the landowner, inducing or encouraging players to trespass, is the virtual-world creator liable for damages? The United States Supreme Court has recognized that digital technology presents novel issues, the resolution of which must anticipate its further rapid development. It is beyond dispute that protective legislation will be unable to keep up with rapidly evolving technology. The burden of anticipating and addressing issues presented by emerging technologies will ultimately fall upon the businesses responsible for generating them. This duty was most notably adopted by the creators of Pokémon ...
Risky Business: The Eleventh Circuit Applies Spokeo To Assess The Sufficiency Of Risk For Article Iii Standing In Muransky V. Godiva Chocolatier, Inc., Michelle Chaing Perry
Boston College Law Review
On October 4, 2019, the United States Court of Appeals for the Eleventh Circuit granted the appellants in Muransky v. Godiva Chocolatier, Inc. a rehearing en banc. As a result, the court vacated its original holding that violating the truncation requirement in the Fair and Accurate Transactions Act of 2003 results in a concrete injury for the purposes of standing. The requirement forbids merchants from printing more than the last five digits of a credit card number on a point-of-sale receipt. In its original decision, the Eleventh Circuit demonstrated an unwillingness to override congressional findings that merchants who fail to ...
Aging Out Arbitration For Wrongful Death Suits In Nursing Homes, 2020 Pepperdine University
Aging Out Arbitration For Wrongful Death Suits In Nursing Homes, Courtney Dyer
Pepperdine Dispute Resolution Law Journal
The first section of this article will discuss the significance of removing arbitration agreements from wrongful death claims and implementing mediation instead. The second section will detail the background of arbitration clauses in nursing homes. The third section will review state acts that have opposed the use of arbitration agreements for wrongful death claims in nursing homes. The fourth section will analyze cases that have challenged arbitration agreements in nursing homes for wrongful death claims. The fifth section will propose compulsory mediation and multi-tiered dispute resolution clauses as substitutes for arbitration clauses. Finally, the sixth section will consider potential objections ...
A Better Interpretation Of The Wrongful Death Act, 2020 University of Maine School of Law
A Better Interpretation Of The Wrongful Death Act, Dennis M. Doiron
Maine Law Review
A viable fetus is not a person under the wrongful death act, declared the Maine Law Court in a controversial decision in 1988. To reach this conclusion, the court employed one traditional and one new rule of statutory interpretation, and one traditional rule of law. The traditional rule of interpretation-that the wrongful death act is to be strictly construed because it is in derogation of the common law-dates from the earliest wrongful death cases heard by the court. The new rule of interpretation-that the death statute must be harmonized with the Maine Uniform Probate Code-derives from the enactment of the ...
You’Ve Got Mail, But Not Jurisdiction: The Federal Tort Claims Act And The Mailbox Rule, 2020 Boston College Law School
You’Ve Got Mail, But Not Jurisdiction: The Federal Tort Claims Act And The Mailbox Rule, Maxwell Fabiszewski
Boston College Law Review
The Federal Tort Claims Act provides private individuals with limited rights of action against the United States government if plaintiff-claimants meet certain jurisdictional requirements. Specifically, 28 U.S.C. § 2675(a) requires that plaintiff-claimants present claims to responsible federal agencies before filing suit in federal court. On March 7, 2019, in Cooke v. United States, the United States Court of Appeals for the Second Circuit, joining a majority of circuits to have considered the question, refused to apply the mailbox rule to the presentment requirement in section 2675(a). This Comment argues that the Second Circuit’s ruling in Cooke ...
Strict Liability Upon Gunowners (Slug): A Proposed Balanced Approach, 2020 St. Mary's University
Strict Liability Upon Gunowners (Slug): A Proposed Balanced Approach, David Louis
St. Mary's Law Journal
Careless or apathetic gunowners, whose lost or stolen firearms are used in the commission of a violent crime, should be held strictly liable. Current tort law leaves victims of gun violence and their families without a mode of redress against an irresponsible gun owner whose actions played a pivotal role in the victim’s ultimate injury. Without effective liability principles to regulate gun ownership, gunowners are provided de facto immunity regardless of whether the harm suffered by the victim is intertwined with the gunowners careless behavior. This comment examines the efficacy of existing tort liability principles as provided in the ...
Borrowing American Ideas To Improve Chinese Tort Law, 2020 St. Mary's University School of Law
Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang
St. Mary's Law Journal
As China develops its modern jurisprudence it faces a choice between emulating the legal frameworks of civil law countries or common law countries. Thus far, the civil law path has allowed for a rapid expansion of Chinese tort law, but jurists have found difficulty in applying such generalized statutory schemes with the absence of supporting judicial interpretation. Cognizant of the differences between the public policy of common law countries and China, Vincent Johnson’s Mastering Torts (Měiguó Qīnquán Fǎ) provides this guidance through the lens of American tort law. The hornbook takes care to simplify the role of judicial opinion ...
The Ncaa's Special Relationship With Student-Athletes As A Theory Of Liability For Concussion-Related Injuries, 2020 University of Michigan Law School
The Ncaa's Special Relationship With Student-Athletes As A Theory Of Liability For Concussion-Related Injuries, Tezira Abe
Michigan Law Review
The National Collegiate Athletic Association (NCAA) is the primary governing body of college athletics. Although the NCAA proclaims to protect student-athletes, an examination of its practices suggests that the organization has a troubling history of ignoring the harmful effects of concussions. Over one hundred years after the NCAA was established, and seventy years after the NCAA itself knew of the potential effects of concussions, the organization has done little to reduce the occurrence of concussions or to alleviate the potential effects that stem from repeated hits to the head. This Note argues for recognizing a special relationship between the NCAA ...
Reynolds V. Tufenkjian, 136 Nev. Adv. Op. 19 (Apr. 9, 2020), 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law
Reynolds V. Tufenkjian, 136 Nev. Adv. Op. 19 (Apr. 9, 2020), Brittni Tanenbaum
Nevada Supreme Court Summaries
The Court considered whether a party who purchased a judgment debtor’s rights of action could motion the Court to substitute themselves in as the real party in interest and dismiss the appeal. The Court held that only “things in action” that are otherwise assignable may be subject to execution to satisfy a judgment. The Court concluded that tort claims for personal injury—including fraud/intentional misrepresentation and elder exploitation—are generally not assignable. The Court further concluded that tort claims for injury to property and contract-based claims, unless the claims are personal in nature, are generally assignable. Therefore, the ...
Tax Free Damages: Trespassory Torts And Emotional Harms, 2020 The University of Akron
Tax Free Damages: Trespassory Torts And Emotional Harms, Joi T. Christoff
Akron Law Review
This Article proposes a conception of the “personal physical injury” exclusion that does not require observable bodily harm. The §104 exclusion has historically been interpreted by reference to tort principles. And tort law has long recognized the legitimacy of emotional distress arising from invasions of physical interests that do not cause bodily harm, even when it would not recognize emotional distress in other contexts. The “personal physical injury” exclusion of § 104(a)(2) should be interpreted consistently with tort principles such that emotional distress damages attributable to intentional invasions into a person’s physical autonomy, security, and liberty should be ...
(Almost) No Bad Drugs: Near-Total Products Liability Immunity For Pharmaceuticals Explained, 2020 Brooklyn Law School
(Almost) No Bad Drugs: Near-Total Products Liability Immunity For Pharmaceuticals Explained, Anita Bernstein
Washington and Lee Law Review
This Article explores four beliefs about supposed pharma-benevolence that appear to be shared by more than the industry, reaching the level almost of conventional wisdom. These figurative pillars help support one-sided results in court. However, each of the pillars on examination turns out at least a bit shaky. This Article puts them forward for review to start a necessary discussion.
The locus of this Article is products liability, where a court concludes that a manufactured object is defective or could be called defective by a factfinder following a trial. Drug manufacturers enjoy near-immunity from this consequence. Modern products liability identifies ...
Supervisors Without Supervision: Colon, Mckenna, And The Confusing State Of Supervisory Liability In The Second Circuit, 2020 Washington and Lee University School of Law
Supervisors Without Supervision: Colon, Mckenna, And The Confusing State Of Supervisory Liability In The Second Circuit, Ryan E. Johnson
Washington and Lee Law Review
This Note received the 2019 Washington and Lee Law Council Law Review Award.
This Note analyzes two intra-Second Circuit splits that make it nearly impossible for prisoners to recover against supervisors under § 1983. First, district courts in the Second Circuit are divided as to whether the five categories of personal involvement defined in Colon v. Coughlin survive the Supreme Court’s decision in Ashcroft v. Iqbal. Personal involvement by the supervisory defendant is a necessary element to impose supervisory liability. Some district courts hold that only the first and third Colon factors survive Iqbal, while others hold that all five ...
Abrams V. Sanson, 136 Nev. Adv. Op. 9 (Mar. 5, 2020), 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law
Abrams V. Sanson, 136 Nev. Adv. Op. 9 (Mar. 5, 2020), Anya Lester
Nevada Supreme Court Summaries
The Court determined that statements sent to an email listserv criticizing an attorney’s courtroom conduct were good faith communications regarding a matter of public concern and were protected under the Nevada anti-SLAPP statutes. However, the Court held that Abrams did not show a probability of prevailing on her claims with prima facie evidence as her claims did not exhibit minimal merit.
Could The Rise Of Dockless Scooters Change Contract Law?, 2020 Mercer University School of Law
Could The Rise Of Dockless Scooters Change Contract Law?, John Kendall
Mercer Law Review
Dockless scooters have been revolutionizing the way individuals in highly populated towns and cities commute on a day-to-day basis across the country. Instead of riding the bus, individuals now have the option to pay money to ride scooters short distances and save themselves the hassle of riding on crowded buses. Among the many issues and questions this creates for lawyers and lawmakers, one particularly noteworthy issue is whether the electronic waivers and arbitration clauses scooter companies require riders to sign before operating the scooters can shield the scooter companies from liability when the unexpected occurs. Currently, the top dockless scooter ...
“I’D Like My Eggs Frozen”: Negligent Emotional Distress Compensation For Lost Frozen Human Eggs, 2020 Boston College Law School
“I’D Like My Eggs Frozen”: Negligent Emotional Distress Compensation For Lost Frozen Human Eggs, Emma D. Mcbride
Boston College Law Review
Assisted Reproductive Technology continues to advance and has already assisted thousands in childbearing. In 2012, the American Society for Reproductive Medicine announced that oocyte cryopreservation, or egg freezing, a form of Assisted Reproductive Technology, was no longer considered an experimental procedure. Egg freezing is growing significantly in popularity and, as a result, fertility clinics continue to prosper as more women seek their services. For many women, egg freezing gives them hope of motherhood beyond the typical childbearing age. For some, this procedure can preserve their fertility following invasive medical procedures that weaken their eggs’ viability. In March 2018, two tank ...
Uncertainty > Risk: Lessons For Legal Thought From The Insurance Runoff Market, 2020 University of Pennsylvania Law School
Uncertainty > Risk: Lessons For Legal Thought From The Insurance Runoff Market, Tom Baker
Faculty Scholarship at Penn Law
Insurance ideas inform legal thought: from tort law, to health law and financial services regulation, to theories of distributive justice. Within that thought, insurance is conceived as an ideal type in which insurers distribute determinable risks through contracts that fix the parties’ obligations in advance. This ideal type has normative appeal, among other reasons because it explains how tort law might achieve in practice the objectives of tort theory. This ideal type also supports a restrictive vision of liability-based regulation that opposes expansions and supports cutbacks, on the grounds that uncertainty poses an existential threat to insurance markets.
Prior work ...
Neither Contract Nor Tort: Salomon Triumphant?, 2020 Singapore Management University
Neither Contract Nor Tort: Salomon Triumphant?, Kwan Ho Lau
Research Collection School Of Law
This is a note on three cases: Palmer Birch v Lloyd  4 WLR 164, Gruber v AIG Management France SA  EWHC 3030 (Comm) and Bumi Armada Offshore Holdings Ltd v Tozzi Srl  1 SLR 10.
Can An Improved Disclosure Mechanism Moderate Algorithm-Based Software Patentability In The Public Interest?, 2020 Mitchell Hamline School of Law
Can An Improved Disclosure Mechanism Moderate Algorithm-Based Software Patentability In The Public Interest?, Vinicius Sala
No abstract provided.
Acts Of Meaning, Resource Diagrams, And Essential Learning Behaviors: The Design Evolution Of Lost & Found, 2020 Rochester Institute of Technology
Acts Of Meaning, Resource Diagrams, And Essential Learning Behaviors: The Design Evolution Of Lost & Found, Owen Gottlieb, Ian Schreiber
Lost & Found is a tabletop-to-mobile game series designed for teaching medieval religious legal systems. The long-term goals of the project are to change the discourse around religious laws, such as foregrounding the prosocial aspects of religious law such as collaboration, cooperation, and communal sustainability. This design case focuses on the evolution of the design of the mechanics and core systems in the first two tabletop games in the series, informed by over three and a half years’ worth of design notes, playable prototypes, outside design consultations, internal design reviews, playtests, and interviews.