Si Algo Puede Salir Mal... Saldrá Mal (Y En El Peor Momento Posible): Una Rápida Revisión Ius-Económica A La Imposibilidad Contractual, 2012 Pontificia Universidad Católica del Perú
Si Algo Puede Salir Mal... Saldrá Mal (Y En El Peor Momento Posible): Una Rápida Revisión Ius-Económica A La Imposibilidad Contractual, Renzo E. Saavedra Velazco
Renzo E. Saavedra Velazco
En la presente nota se desea subrayar algunas características económicas y jurídicas de figuras que sirven como justificación para el incumplimiento contractual, tales como la imposibilidad y la excesiva onerosidad.
¿Sabías Que La Gente Sigue Diciendo Que Tú Y Yo Estamos Locos?, 2012 Pontificia Universidad Católica del Perú
¿Sabías Que La Gente Sigue Diciendo Que Tú Y Yo Estamos Locos?, Renzo E. Saavedra Velazco
Renzo E. Saavedra Velazco
En la presente nota se desea subrayar cómo el sector más extremo del Law and Economics tradicional tiende a minusvalorar los descubrimiento del Behavioral Law and Economics para lo cual se sugieren algunas explicaciones que podrían explicar este tipo de reacción, además de ser un síntoma de “esquizofrenia económica”.
A Case Study In The Superiority Of The Purposive Approach To Statutory Interpretation: Bruesewitz V. Wyeth , 2012 University of Maryland Francis King Carey School of Law
A Case Study In The Superiority Of The Purposive Approach To Statutory Interpretation: Bruesewitz V. Wyeth , Donald G. Gifford, William L. Reynolds, Andrew M. Murad
William L. Reynolds
This Article uses the Supreme Court’s 2011 decision in Bruesewitz v. Wyeth to examine the textualist or “plain meaning” approach to statutory interpretation. For more than a quarter-century, Justice Scalia has successfully promoted textualism, usually associated with conservatism, among his colleagues. In Bruesewitz, Scalia, writing for the majority, and his liberal colleague Justice Sotomayer, in dissent, both employed textualism to determine if the plaintiffs, whose child was allegedly harmed by a vaccine, could pursue common-law tort claims or whether their remedies were limited to those available under the no-fault compensation system established by the National Childhood Vaccine Injury Act. Despite …
Négociations Et Accords Précontractuels: Incartades À L'Unité Des Acteurs, Du Lieu Et De L'Action, 2012 University of Fribourg; Switzerland
Négociations Et Accords Précontractuels: Incartades À L'Unité Des Acteurs, Du Lieu Et De L'Action, Nicolas Pierre Marie Kuonen
Nicolas Kuonen
No abstract provided.
Defensive Medicine And Obstetric Practices, 2012 Cornell Law School
Defensive Medicine And Obstetric Practices, Michael Frakes
Cornell Law Faculty Publications
Using data on physician behavior from the 1979–2005 National Hospital Discharge Surveys (NHDS), I estimate the relationship between malpractice pressure, as identified by the adoption of noneconomic damage caps and related tort reforms, and certain decisions faced by obstetricians during the delivery of a child. The NHDS data, supplemented with restricted geographic identifiers, provides inpatient discharge records from a broad enough span of states and covering a long enough period of time to allow for a defensive medicine analysis that draws on an extensive set of variations in relevant tort laws. Contrary to the conventional wisdom, I find no evidence …
The Political Puzzle Of The Civil Jury, 2012 William & Mary Law School
The Political Puzzle Of The Civil Jury, Jason M. Solomon
Faculty Publications
At the root of many contemporary debates over the civil justice or tort system—debates over punitive damages, preemption, and tort reform more broadly—are underlying questions about the justification for the civil jury. The United States is the only country that still uses a jury in civil cases, and most civil jury trials are tort trials. The jury has more power to decide questions of law in tort than in any other area of law, so any serious discussion of tort law must have the civil jury at its center.
The debate over the jury—in both the academic literature and the …
Toward A Neuroscience Model Of Tort Law: How Functional Neuroimaging Will Transform Tort Doctrine, 2012 Widener Law
Toward A Neuroscience Model Of Tort Law: How Functional Neuroimaging Will Transform Tort Doctrine, Jean Eggen, Eric Laury
Jean M. Eggen
The “neuroscience revolution” has now gained the attention of legal thinkers and is poised to be the catalyst for significant changes in the law. Over the past several decades, research in functional neuroimaging has sought to explain a vast array of human thought processes and behaviors, and the law has taken notice. Although functional neuroimaging is not yet close to being a staple in the courtroom, the information acquired from these studies has been featured in a handful of cases, including a few before the United States Supreme Court. Our assertion involves the incorporation of functional neuroscience evidence in tort …
Legal Education For The 21st Century, 2012 University of Maryland Francis King Carey School of Law
Legal Education For The 21st Century, Donald G. Gifford
Donald G Gifford
No abstract provided.
From One Generation To The Next, 2012 University of Maryland Francis King Carey School of Law
From One Generation To The Next, Donald G. Gifford
Donald G Gifford
No abstract provided.
Creating Opportunity, 2012 University of Maryland Francis King Carey School of Law
Coming Into Focus, 2012 University of Maryland Francis King Carey School of Law
Lessons Of Change From Those Older And Wiser, 2012 University of Maryland Francis King Carey School of Law
Lessons Of Change From Those Older And Wiser, Donald G. Gifford
Donald G Gifford
No abstract provided.
Science On Law's Terms: Implications Of Procedural Legitimacy On Scientific Evidence, 2012 Dalhousie University Schulich School of Law
Science On Law's Terms: Implications Of Procedural Legitimacy On Scientific Evidence, Nayha Acharya
LLM Theses
Scientific evidence is relied on more and more in litigation. Discussions and debates aimed at enabling courts to make the best use scientific evidence are increasingly critical. This thesis adds the perspective of procedural legitimacy to the science and law discussion. Procedural Legitimacy is the concept that consistent adherence to legal procedure maintains the overall legitimacy of the legal system, and the validity of its outcomes. I argue that the integrity of legal procedures must be maintained where scientific evidence is presented, so that judicial decisions that rely on scientific evidence are legitimate.
Supplemental Brief Of Professors Anthony J. Bellia Jr. And Bradford R. Clark As Amici Curiae In Support Of Respondents, 2012 Notre Dame Law School
Supplemental Brief Of Professors Anthony J. Bellia Jr. And Bradford R. Clark As Amici Curiae In Support Of Respondents, Anthony J. Bellia, Bradford R. Clark
Court Briefs
From the Summary of Argument This case squarely presents the question whether ATS jurisdiction extends to claims solely between aliens. The plaintiffs and defendants are all aliens; no U.S. citizen or corporation has ever been a party to the case. Because the issue of party alignment under the ATS is a question of subject matter jurisdiction, the parties cannot waive it, and either the Court or a party may raise it anytime. And the question whether the ATS covers suits between aliens is likely to recur; indeed, the issue is squarely presented by the Ninth Circuit's recent ruling in Sarei …
Pliva Shields Big Pharma From Billions, Cuts Consumers' Rights, 2012 University of San Diego
Pliva Shields Big Pharma From Billions, Cuts Consumers' Rights, Dana Taschner
San Diego Law Review
This Article explores the emergence of the LRA test, as well as its dangers, and explains how an equivalent norm underlies recent monopolization cases. The Author concludes that the law should not require business practices to maximize social welfare to pass muster under the antitrust laws. As tools of public policy directed at unilateral market behavior, antitrust and regulation have long played distinct, though complementary, roles. Natural-monopoly regulation has as its immodest goal the maximization of consumer welfare by simultaneously imposing universal service obligations and spurring the efficiencies associated with competition through the imposition of various behavioral constraints. That such …
Ambiguity In The Realm Of Defamation: Rhetorical Hyperbole Or Provable Falsity? - Gorilla Coffee, Inc. V. New York Times Co., 2012 Touro Law Center
Ambiguity In The Realm Of Defamation: Rhetorical Hyperbole Or Provable Falsity? - Gorilla Coffee, Inc. V. New York Times Co., Tiffany Frigenti
Touro Law Review
No abstract provided.
'How's My Doctoring?' Patient Feedback's Role In Assessing Physician Quality, 2012 University of Missouri - Kansas City, School of Law
'How's My Doctoring?' Patient Feedback's Role In Assessing Physician Quality, Ann Marie Marciarille
Faculty Works
A society-wide consumer revolution is underway with the rise of online user-generated review websites such as Yelp, Angie’s List, and Zagat. Service provider reviews are now available with an intensity and scope that attracts increasing numbers of reviewers and readers. Health care providers are not exempt from this new consumer generated scrutiny though they have arrived relatively late to the party and as somewhat unwilling guests.
The thesis of this article is that online patient feedback on physicians is relevant and valuable even though it is also uncomfortable for health care providers. This is because the modern physician-patient relationship is …
Advertising Law And Regulation By Giles Crown, Oliver Bray And Rupert Earle [Book Review], 2012 Singapore Management University
Advertising Law And Regulation By Giles Crown, Oliver Bray And Rupert Earle [Book Review], Christopher Chao-Hung Chen
Christopher Chao-hung CHEN
No abstract provided.
Privacy For Social Networking, 2012 University of Arkansas at Little Rock William H. Bowen School of Law
Privacy For Social Networking, Connie Davis Powell
University of Arkansas at Little Rock Law Review
This article begins by considering the emergence of social networks as a major medium of communication and posits that the success of social networks is attributable to their users' willingness to share their information. Next, the article considers the expectation of privacy for users of social networks and whether such expectation is reasonable. In particular, the article discusses the privacy policies and legal terms governing the use of social networks, and tracks the evolution of such terms and policies as they slowly whittle away user control over time. The article then discusses public outcry regarding the disclosure of information contrary …
License To Kill? Corporate Liability Under The Alien Tort Claims Act?, 2012 Cleveland State University
License To Kill? Corporate Liability Under The Alien Tort Claims Act?, Kevin Golden
In the Balance
Because Kiobel removed corporate defendants from the scope of civil liability under the ATS, and because a corporation is not a person who can be charged, convicted and imprisoned for a crime, it effectively placed large multinational corporations above the law. Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111, 145 (2d Cir. 2010). In Part II of this article, I will provide a necessary overview of the history of the ATS and its evolution into modern-day relevance. I will discuss the state of ATS law as it pertains to corporations in Part III. Lastly, I will discuss the Kiobel …