What Is The Media In The Age Of The Internet? Defamation Law And The Blogosphere, 2013 University of Washington School of Law
What Is The Media In The Age Of The Internet? Defamation Law And The Blogosphere, Lauren Guicheteau
Washington Journal of Law, Technology & Arts
As more people turn to blogs as a source of news and information, the distinction between blogs and traditional media sources has become more complex for courts dealing with First Amendment issues. In the recent case, Obsidian Finance Group, LLC v. Cox, the United States District Court for the District of Oregon held that the defendant, a blogger, was not a member of the media for the purposes of a defamation claim. The court held that media defendants must be at least negligent to be liable for defamatory publications, but because the blogger was a non-media defendant, she was …
The Virginia Supreme Court’S 2012 Livingston Case: Localities And The Risk Of “Takings” Claims For Failure To Properly Maintain Flood Control Structures, 2013 William & Mary Law School
The Virginia Supreme Court’S 2012 Livingston Case: Localities And The Risk Of “Takings” Claims For Failure To Properly Maintain Flood Control Structures, Daniel Doty, Chris Olcott
Virginia Coastal Policy Center
No abstract provided.
“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, 2013 William & Mary Law School
“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block
Virginia Coastal Policy Center
No abstract provided.
Thresholds Of Actionable Mental Harm In Negligence: A Policy-Based Appraisal, 2013 University of Ottawa
Thresholds Of Actionable Mental Harm In Negligence: A Policy-Based Appraisal, Louise Bélanger-Hardy
Dalhousie Law Journal
Common law courts, in Canada and elsewhere, currently insist on proof of a recognizable psychiatric illness (RPI) before granting damages to plaintiffs seeking compensation for stand-alone mental harm caused by negligent acts. This article argues that the time has come to revisit this well-entrenched principle. The inquiry focuses specifically on the policy concerns underlying the current rule. As a first step, policy considerations for and against limiting the extent of actionable mental harm are canvassed and assessed. The author concludes that some of the perceived advantages of the RPI rule, in particular predictability,are debatable and that insistence on the traditional …
The Surveillance Society And The Third-Party Privacy Problem, 2013 University of Massachusetts - Dartmouth
The Surveillance Society And The Third-Party Privacy Problem, Shaun Spencer
Shaun Spencer
This article examines a question that has become increasingly important in the emerging surveillance society: should the law treat information as private even though others know about it? This is the third-party privacy problem. Part I explores two competing conceptions of privacy: the binary and contextual conceptions. Part II describes two features of the emerging surveillance society that should change the way we address the third-party privacy problem. One feature, “surveillance on demand,” results from exponential increases in data collection and aggregation. The other feature, “uploaded lives,” reflects a revolution in the type and amount of information that we share …
Sue My Car Not Me: Products Liability And Accidents Involving Autonomous Vehicles, 2013 University of South Carolina - Columbia
Sue My Car Not Me: Products Liability And Accidents Involving Autonomous Vehicles, Jeffrey K. Gurney
Jeffrey K Gurney
Autonomous vehicles will revolutionize society within the decade. They will cause accidents. Tort liability, however, is not ready for the introduction of autonomous vehicles, and, thus, liability will not be assessed to the party that is responsible for the accident. This Note addresses the liability of autonomous vehicle by examining products liability through the use of four scenarios: the Distracted Driver; the Diminished Capabilities Driver; the Disabled Driver; and the Attentive Driver.
Based on those scenarios, this Note argues that the autonomous technology manufacturer should be liable for accidents while the vehicle is in autonomous mode. This Note suggests that …
Reining In The Data Traders: A Tort For The Misuse Of Personal Information, 2013 Selected Works
Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington
Sarah H. Ludington
In 2005, three spectacular data security breaches focused public attention on the vast databases of personal information held by data traders such as ChoicePoint and LexisNexis, and the vulnerability of that data. The personal information of hundreds of thousands of people had either been hacked or sold to identity thieves, yet the data traders refused to reveal to those people the specifics of the information sold or stolen. While Congress and many state legislatures swiftly introduced bills to force data traders to be more accountable to their data subjects, fewer states actually enacted laws, and none of the federal bills …
Is The Doctor In? The Contemptible Condition Of Immigrant Detainee Healthcare In The U.S. And The Need For A Constitutional Remedy, 2013 Pepperdine University
Is The Doctor In? The Contemptible Condition Of Immigrant Detainee Healthcare In The U.S. And The Need For A Constitutional Remedy, Kate Bowles
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Addiction Postulates And Legal Causation, Or Who's In Charge, Person Or Brain?, 2013 Herbert Smith Freehills New York LLP
Addiction Postulates And Legal Causation, Or Who's In Charge, Person Or Brain?, David L. Wallace
David L Wallace
In this article, I address the persistent confusion over the meaning of a medical diagnosis of drug addiction or substance dependence in the courtroom, specifically in regard to legal judgments about the reasonable legal person, causation, and individual responsibility in civil actions. Using the example of the Engle tobacco litigation in Florida, where the plaintiffs have reduced mind to brain and claimed that the clinical status of addiction excuses or mitigates the smoker’s responsibility for the health consequences of smoking based on brain processes, I examine the conceptual difficulties presented by use of biomedical models of behavior in a legal …
Too Much Process, Not Enough Service: International Service Of Process Under The Hague Service Convention, 2013 Harvard University
Too Much Process, Not Enough Service: International Service Of Process Under The Hague Service Convention, Eric Porterfield
Eric Porterfield
Service of process under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague Service Convention”) is too costly, time consuming, and unreliable. The Hague Service Convention’s defining feature – the Central Authority system – adds unwarranted expense and delay to the already expensive and protracted process of civil litigation. Worse, however, is the fact that the Central Authority completely fails to effect service on a foreign party in a significant percentage of cases. For decades, courts and commentators have argued over whether the Hague Service Convention actually permits litigants to sidestep the …
Are Risks Wrong?, 2013 Benjamin N. Cardozo School of Law
Are Risks Wrong?, Anthony J. Sebok
Online Publications
In The Moral Significance of Risking, John Oberdiek offers a theory of why risk imposition is prima facie wrong. Oberdiek admits that his argument will only be persuasive if he applies it to risk imposition in its purest form (what he calls “risking”). Risking’s moral significance – if it has any – must be based on the imposition of the risk of harm, and not the harm itself. In other words, if risking is wrong, it shouldn’t matter in our evaluation of it that the risk of injury never ripened into an injury. Thus, second-order effects of risking on …
A Cap On The Defendant's Appeal Bond?: Punitive Damages Tort Reform, 2013 Washington and Lee University School of Law
A Cap On The Defendant's Appeal Bond?: Punitive Damages Tort Reform, Doug Rendleman
Doug Rendleman
None available.
Safeway Stores, Inc. V. Nest-Kart: The Culmination Of Li V. Yellow Cab Co., 2013 Pepperdine University
Safeway Stores, Inc. V. Nest-Kart: The Culmination Of Li V. Yellow Cab Co., David R. Haglund
Pepperdine Law Review
No abstract provided.
Another Citadel Has Fallen - This Time The Plaintiff's. California Applies Comparative Negligence To Strict Products Liability, 2013 Pepperdine University
Another Citadel Has Fallen - This Time The Plaintiff's. California Applies Comparative Negligence To Strict Products Liability, Thomas G. Gehring
Pepperdine Law Review
No abstract provided.
Punitive Damages In Product Liability Cases , 2013 Pepperdine University
Punitive Damages In Product Liability Cases , Mark P. Robinson Jr., Gerald H.B. Kane Jr.
Pepperdine Law Review
No abstract provided.
Allocation Of Responsibility After American Motorcycle Association V. Superior Court, 2013 Pepperdine University
Allocation Of Responsibility After American Motorcycle Association V. Superior Court, Erwin E. Adler
Pepperdine Law Review
In its landmark case of Li v. Yellow Cab Co., the California Supreme Court judicially adopted the doctrine of comparative negligence in an action involving a plaintiff and a single defendant. The court in Li specifically avoided making any decision concerning the numerous issues which would be involved in a multi-party action: the relationship of multiple defendants with one another, the right of one defendant to join others for the purpose of sharing payment of the judgment, the respective responsibilities of such parties for the judgment (including those insolvent, partially solvent or possessing an immunity), and the procedure for the …
Debating Law's Irrelevance: Legal Scholarship And The Coase Theorem In The 1960s, 2013 university of colorado denver
Debating Law's Irrelevance: Legal Scholarship And The Coase Theorem In The 1960s, Steven G. Medema
Steven G Medema
The paper examines the treatment of the Coase theorem by legal scholars during the 1960s. The analysis demonstrates that it was legal scholars, rather than economists, who took the lead in applying Coase's negotiation result in the legal realm and that the early diffusion of Coase's result in the legal literature is anything but a "Chicago" story. We also observe that legal scholars were interesting in examining the applicability of Coase's result across a wide range of legal issues and, in contrast to economists, who were preoccupied with the efficiency predication of Coase's result, tended to focus on Coase's invariance …
The End Of An Era: The Supreme Court (Finally) Butts Out Of Punitive Damages For Good, 2013 Pepperdine University School of Law
The End Of An Era: The Supreme Court (Finally) Butts Out Of Punitive Damages For Good, Jim Gash
Florida Law Review
It is finally over. The Supreme Court’s incursion into punitive damages jurisprudence has unceremoniously ended, but not before the Court, under the guise of substantive due process, erected a complex and constitutionally dubious set of rules in an effort to fix the heretofore-intractable multiple punishments problem. As is often the case, the incrementalist approach taken by the Court allowed this conquest to occur somewhat quietly. Professor Pamela Karlan observes that “most constitutional law scholars have hardly noticed that the most significant innovation in substantive due process during the Rehnquist and Roberts Court years” has been the Court’s punitive damages jurisprudence. …
Secure My Data Or Pay The Price: Consumer Remedy For The Negligent Enablement Of Data Breach, 2013 William & Mary Law School
Secure My Data Or Pay The Price: Consumer Remedy For The Negligent Enablement Of Data Breach, John A. Fisher
William & Mary Business Law Review
Every time we swipe our debit cards, pay our bills online, or sign up for a service like Netflix, we are entrusting important identifying information to the companies with which we do business. Most of the time, those companies take seriously the obligation to protect our data and prevent it from falling into the hands of those who would use it to benefit themselves at our expense. Some companies, however, fail to do enough to meet that burden, making it easier for identity thieves to inflict personal and financial injury on consumers. To date, our legal system has essentially denied …
Extending The Liability Of Insurers For Bad Faith Acts: Royal Globe Insurance Company V. Superior Court, 2013 Pepperdine University
Extending The Liability Of Insurers For Bad Faith Acts: Royal Globe Insurance Company V. Superior Court, Michael Tancredi
Pepperdine Law Review
No abstract provided.