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Amoral Machines, Or: How Roboticists Can Learn To Stop Worrying And Love The Law, Bryan Casey 2017 Stanford Law School

Amoral Machines, Or: How Roboticists Can Learn To Stop Worrying And Love The Law, Bryan Casey

Northwestern University Law Review

The media and academic dialogue surrounding high-stakes decisionmaking by robotics applications has been dominated by a focus on morality. But the tendency to do so while overlooking the role that legal incentives play in shaping the behavior of profit-maximizing firms risks marginalizing the field of robotics and rendering many of the deepest challenges facing today’s engineers utterly intractable. This Essay attempts to both halt this trend and offer a course correction. Invoking Justice Oliver Wendell Holmes’s canonical analogy of the “bad man . . . who cares nothing for . . . ethical rules,” it demonstrates why philosophical abstractions like the trolley problem—in ...


Concurrent Liability In Tort And Contract, Yihan GOH, Man YIP 2017 Singapore Management University

Concurrent Liability In Tort And Contract, Yihan Goh, Man Yip

Research Collection School Of Law

This articleexamines the understanding of concurrent liability in tort and contract,through a detailed analysis of the interplay, intersection and independence of thelaw of torts and the law of contract. The central argument that will beadvanced is that the present understanding of the ‘incident rules’ inconcurrent liability in tort and contract, such as the applicable rules ofremoteness or limitation, is inconsistent with the rationale for concurrencelaid down in Henderson v MerrettSyndicates Ltd. Rather than analyse concurrence as a single situation, thatis, conceiving it as a contest between rules of tort or contract rules, we arguethat the better way forward is ...


When Laundry Becomes Deadly: Why The Extension Of Duty Past Spouses In Schwartz V. Accuratus Corp. Holds The Right People Responsible For Take-Home Toxic Torts, Nicole Ward 2017 Villanova University Charles Widger School of Law

When Laundry Becomes Deadly: Why The Extension Of Duty Past Spouses In Schwartz V. Accuratus Corp. Holds The Right People Responsible For Take-Home Toxic Torts, Nicole Ward

Villanova Law Review

No abstract provided.


A Study Of The Costs Of Legal Services In Personal Injury Litigation In Ontario: Final Report, Allan C. Hutchinson 2017 Osgoode Hall Law School of York University

A Study Of The Costs Of Legal Services In Personal Injury Litigation In Ontario: Final Report, Allan C. Hutchinson

Allan C. Hutchinson

Contingency Fee Agreements (CFAs) are now a fixed feature of the Ontario litigation landscape. However, little research or study has been done on exactly how they operate in practice, whether they advance the objectives that they were intended to achieve, and whether litigants are best served by the current arrangements. In this study, I intend to make a preliminary start to that research, set out some tentative criticisms of the CFA system as it currently operates, and, where appropriate, suggest preliminary proposals for change.

It should be said at the outset that my efforts to obtain real and serious data ...


Tort Law, Kumaralingam AMIRTHALINGAM, Gary Kok Yew CHAN 2017 Singapore Management University

Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan

Research Collection School Of Law

The plaintiff in Tan Bee Hock v F G Builders Pte Ltd1 was ridinga motorbike when he skidded on a metal plate placed by the defendantat the entrance to a condominium. The plaintiff sued for his injuries innegligence, nuisance, and breach of statutory duty. On the facts, KannanRamesh JC (as his Honour then was) found that there was nothingunsafe about the metal plate and dismissed the claims in nuisance andnegligence. Having found that the defendants had not done anythingunsafe, Ramesh JC also dismissed the breach of statutory duty action,and in doing so, observed that even if the defendant had ...


Gun Control Through Tort Law, Richard C. Ausness 2017 University of Kentucky College of Law

Gun Control Through Tort Law, Richard C. Ausness

Richard C. Ausness

I have been asked to respond to an article by Professor Andrew Jay McClurg that recently appeared in the Florida Law Review. In this article, the author, a longtime advocate of firearms regulation, argues that owners and commercial sellers of firearms who negligently fail to secure them against theft should be held liable when persons are killed or injured by firearms used in the commission of a crime.

In the past, believing that existing federal and state laws were inadequate to halt the spread of gun-related deaths and injuries, proponents of stricter gun control measures proposed a number of tort ...


Delucchi V. Songer, 133 Nev. Adv. Op. 42 (June 29, 2017), Krystina Butchart 2017 Nevada Law Journal

Delucchi V. Songer, 133 Nev. Adv. Op. 42 (June 29, 2017), Krystina Butchart

Nevada Supreme Court Summaries

No abstract provided.


Supreme Disgorgement, Caprice Roberts 2017 University of Florida Levin College of Law

Supreme Disgorgement, Caprice Roberts

Florida Law Review

Disgorgement of a defendant’s wrongful gains is an ancient remedy. It applies across a spectrum of contexts—from trademark infringement to fiduciary duties, from common law to statutes, from public to private law. This remedy is not regarded as quintessential in American contract law, but that is changing. My earlier work, as cited by the Supreme Court, predicted this shift based upon a new rule in the Restatement (Third) of Restitution and Unjust Enrichment. The rule operationalizes disgorgement of profits for opportunistic breaches of contract. This new conceptualization of precedent authorizes a gain-based remedy that exceeds the compensation goals ...


Holding Supporters Of Terrorism Accountable: The Exercise Of General Jurisdiction Over The Pa And Plo In A Post-Daimler Framework, Mark D. Christopher 2017 University of Georgia School of Law

Holding Supporters Of Terrorism Accountable: The Exercise Of General Jurisdiction Over The Pa And Plo In A Post-Daimler Framework, Mark D. Christopher

Georgia Journal of International & Comparative Law

No abstract provided.


Understanding Medical Records In The Twenty-First Century, Samuel D. Hodge, Jr., Joanne Callahan 2017 Barry University School of Law

Understanding Medical Records In The Twenty-First Century, Samuel D. Hodge, Jr., Joanne Callahan

Barry Law Review

No abstract provided.


Pizarro-Ortega V. Cervantes-Lopez, 133 Nev. Adv. Op. 37 (June 22, 2017), Andrew Hart 2017 Nevada Law Journal

Pizarro-Ortega V. Cervantes-Lopez, 133 Nev. Adv. Op. 37 (June 22, 2017), Andrew Hart

Nevada Supreme Court Summaries

The court held that future medical expenses are a category of damages to which NRCP 16.1(a)(1)(C)’s computation requirement applies, and that a plaintiff is not absolved of complying with NRCP 16.1(a)(1)(C) simply because the plaintiff’s treating physician has indicated in medical records that future medical care is necessary.


"Local Data" In European Choice Of Law: A Trojan Horse From Across The Atlantic?, T.W. Dornis 2017 Leuphana Law School

"Local Data" In European Choice Of Law: A Trojan Horse From Across The Atlantic?, T.W. Dornis

Georgia Journal of International & Comparative Law

No abstract provided.


Contractual Limitation Of Liability By The So-Called "Massachusetts Trust," Under The Indiana Law, Robert C. Brown 2017 Indiana University School of Law

Contractual Limitation Of Liability By The So-Called "Massachusetts Trust," Under The Indiana Law, Robert C. Brown

Robert C. Brown

No abstract provided.


Crime Spectators And The Tort Of Objectification, Amelia J. Uelmen 2017 University of Massachusetts School of Law

Crime Spectators And The Tort Of Objectification, Amelia J. Uelmen

University of Massachusetts Law Review

Reports of how some bystanders interact with victims on the scene of an emergency are shocking. Instead of assisting or calling for help, these individuals take pictures or recordings of the victims on their cell phones. This Article concentrates on the question of whether such an interaction with a victim might in certain circumstances constitute a distinct and legally actionable harm. This Article proposes a new tort: exploitative objectification of a person in need of emergency assistance. It works to articulate the moral and legal foundations for an argument that treating a person in need of emergency assistance as an ...


The Original Source Of The Cause Of Action In Federal Courts: The Example Of The Alien Tort Statute, Anthony J. Bellia, Bradford R. Clark 2017 Notre Dame Law School

The Original Source Of The Cause Of Action In Federal Courts: The Example Of The Alien Tort Statute, Anthony J. Bellia, Bradford R. Clark

Anthony J. Bellia

Judges and scholars have long debated the legitimacy and contours of federal common law causes of action — actions created neither by Congress nor by state law. The question of federal judicial power to recognize federal common law causes of action arises in a range of contexts in the field of federal courts, including with respect to whether federal courts may recognize an implied right of action for the violation of a constitutional or statutory provision that does not specifically create one. Recently, the power of federal courts to recognize federal common law causes of action has emerged as a key ...


Products Liability And The Internet Of (Insecure) Things: Should Manufacturers Be Liable For Damage Caused By Hacked Devices?, Alan Butler 2017 Electronic Privacy Information Center

Products Liability And The Internet Of (Insecure) Things: Should Manufacturers Be Liable For Damage Caused By Hacked Devices?, Alan Butler

University of Michigan Journal of Law Reform

While the application of products liability to insecure software is a frequently-discussed concept in academic literature, many commentators have been skeptical of the viability of such claims for several reasons. First, the economic loss doctrine bars recovery for productivity loss, business disruption, and other common damages caused by software defects. Second, the application of design defects principles to software is difficult given the complexity of the devices and recent tort reform trends that have limited liability. Third, the intervening cause of damage from insecure software is typically a criminal or tortious act by a third party, so principles of causation ...


Punitive Damages Revisited: A Statistical Analysis Of How Federal Circuit Courts Decide The Constitutionality Of Such Awards, Hironari Momioka 2017 Hokkaido University of Education

Punitive Damages Revisited: A Statistical Analysis Of How Federal Circuit Courts Decide The Constitutionality Of Such Awards, Hironari Momioka

Cleveland State Law Review

Using data from punitive damages decisions of U.S. federal circuit courts from 2004 to 2012, this paper attempts to establish empirically the following: (1) there is no apparent statistical difference between the levels of jury and judge awards; (2) U.S. Supreme Court decisions such as Philip Morris (2007) or Exxon (2008) do not actually or substantially affect the level of punitive damage awards; (3) with regard to the cases involving remittitur, or reduction of awards, the Exxon decision did not radically affect the decreasing ratio of punitive to compensatory damage awards; (4) as the levels of compensatory awards ...


Positive Externalities And The Economics Of Proximate Cause, Israel Gilead, Michael D. Green 2017 Hebrew University of Jerusalem

Positive Externalities And The Economics Of Proximate Cause, Israel Gilead, Michael D. Green

Washington and Lee Law Review

No abstract provided.


Arkansas, Meet Tarasoff: The Question Of Expanded Liability To Third Persons For Mental Health Professionals, J. Thomas Sullivan 2017 University of Arkansas at Little Rock William H. Bowen School of Law

Arkansas, Meet Tarasoff: The Question Of Expanded Liability To Third Persons For Mental Health Professionals, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Copyright Owners' Putative Interests In Privacy, Reputation, And Control: A Reply To Goold, Wendy J. Gordon 2017 Boston University School of Law

Copyright Owners' Putative Interests In Privacy, Reputation, And Control: A Reply To Goold, Wendy J. Gordon

Faculty Scholarship

In a recent article, Patrick Goold argues for five sub-torts to be recognized in copyright, including inter alia protections for privacy, reputation, and 'creative control.' See Patrick R. Goold, Unbundling the 'Tort' of Copyright Infringement, 102 VA. L. REV. 1833 (2016). He suggests that standards for both infringement and fair use might be profitably tailored to each sub-tort. In this Reply I explore Goold's arguments. I address issues such as: how copyright cases implicitly define cause-in-fact; potential relevance of the plagiarism/copyright distinction; and what implications (if any) for interpreting federal copyright law might flow from the statutory changes ...


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