Privacy As Product Safety, 2009 New York Law School
Privacy As Product Safety, James Grimmelmann
Online social media confound many of our familiar expectaitons about privacy. Contrary to popular myth, users of social software like Facebook do care about privacy, deserve it, and have trouble securing it for themselves. Moreover, traditional database-focused privacy regulations on the Fair Information Practices model, while often worthwhile, fail to engage with the distinctively social aspects of these online services.
Instead, online privacy law should take inspiration from a perhaps surprising quarter: product-safety law. A web site that directs users' personal information in ways they don't expect is a defectively designed product, and many concepts from products liability law ...
Accountable Care Organizations: The Clash Of Liability Standards With Cost Cutting Goals, 2009 American University Washington College of Law
Accountable Care Organizations: The Clash Of Liability Standards With Cost Cutting Goals, Christopher Smith
Christopher R Smith
This article seeks to examine the conflict between non-cost conscious medical malpractice liability standards and health care cost cutting measures within the context of Accountable Care Organizations (“ACOs”) under the new health care reform law. The article begins by providing an overview of the high level of health care spending within the United States health care system in order to provide a context for better understanding policymakers’ push for cost cutting measures, including ACOs. The article then examines the tension between cost containment efforts and provider medical liability standards through an examination of the “stuck in the middle” mentality that ...
Tort Liability And The Irb, 2009 Widener University - Delaware Campus
Tort Liability And The Irb, Thaddeus Pope
Thaddeus Mason Pope
No abstract provided.
What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, 2009 University of Oregon
What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, Caroline Forell
Caroline A Forell
In this Article, Professor Forell examines the criminal and tort mistake-as-to-self-defense doctrines. She uses the State v. Peairs criminal and Hattori v. Peairs tort mistaken self-defense cases to illustrate why application of the reasonable person standard to the same set of facts in two areas of law can lead to different outcomes. She also uses these cases to highlight how fundamentally different the perception of what is reasonable can be in different cultures. She then questions whether both criminal and tort law should continue to treat a reasonably mistaken belief that deadly force is necessary as justifiable self-defense. Based on ...
An Interpretive Framework For Narrower Immunity Under Section 230 Of The Communications Decency Act, 2009 Harvard Law School
An Interpretive Framework For Narrower Immunity Under Section 230 Of The Communications Decency Act, Gregory Dickinson
Gregory M Dickinson
Almost all courts to interpret Section 230 of the Communications Decency Act have construed its ambiguously worded immunity provision broadly, shielding Internet intermediaries from tort liability so long as they are not the literal authors of offensive content. Although this broad interpretation effects the basic goals of the statute, it ignores several serious textual difficulties and mistakenly extends protection too far by immunizing even direct participants in tortious conduct.
This analysis, which examines the text and history of Section 230 in light of two strains of pre-Internet vicarious liability defamation doctrine, concludes that the immunity provision of Section 230, though ...
Teaching With Emotion: Enriching The Educational Experience Of First-Year Law Students, 2009 Univerisity of San Diego School of Law
Teaching With Emotion: Enriching The Educational Experience Of First-Year Law Students, Grant Morris
Grant H Morris
Through the case method and Socratic dialogue, first year law students are taught to develop critical legal analytic skills–to “think like a lawyer.” Those skills, however, are primarily, if not entirely, intellectual. This article discusses the need to address emotional issues in educating law students. Unlike other articles, my article does not merely urge professors to raise such issues in their classes and discuss them analytically. Rather, I want students to actually experience emotion in the classroom setting as they discuss various fact situations and the legal principles involved in the resolution of disputes involving those facts. Law students ...
Prosser's Privacy Law: A Mixed Legacy, 2009 Washington University in St Louis
Prosser's Privacy Law: A Mixed Legacy, Neil Richards, Daniel Solove
Neil M Richards
This article examines the complex ways in which William Prosser shaped the development of the American law of tort privacy. Although Prosser certainly gave tort privacy an order and legitimacy that it had previously lacked, he also stunted its development in ways that limited its ability to adapt to the problems of the Information Age. His skepticism about privacy, as well as his view that tort privacy lacked conceptual coherence, led him to categorize the law into a set of four narrow categories and strip it of any guiding concept to shape its future development. Prosser’s legacy for tort ...
Islamic Financial System Rescue To The Global Financial Crisis A Study On The Origin Of Subprime Mortgage Crisis And Rescue Offered By Islamic Financial System, Shafaq Khan
The severity of the Subprime mortgage crisis has traumatised the foundations of the conventional financial system and has led to the search for cure of losses suffered and reforms against such crisis in future. During this crisis we have witnessed the impacts of irregularities done and insufficient monitoring of the complex financial products in the financial market. Standard regulations in the loan industry under conventional financial system proved to be insufficient to tackle the crisis. During the Subprime mortgage crisis, when the hot real estate markets were converting into foreclosure capitals, Islamic financial market was impervious from its impacts. This ...
Tribal Land Laws In Andhra Pradesh, 2009 NALSAR University of Law
Tribal Land Laws In Andhra Pradesh, Hari Priya
No abstract provided.
Detecting The Stealth Erosion Of Precedent: Affirmative Action After Ricci, 2009 University of Connecticut School of Law
Detecting The Stealth Erosion Of Precedent: Affirmative Action After Ricci, Sachin Pandya
Sachin S. Pandya
This paper presents a method for detecting stealth precedent erosion, i.e., when an appellate court majority deliberately writes the opinion in case y to reduce the scope of its precedent x, but does not expressly refer to precedent x in the opinion. Applying this method, the paper provides a strong basis for concluding that in Ricci v. DeStefano (2009), a United States Supreme Court case decided under Title VII of the Civil Rights Act of 1964, the Court majority eroded by stealth United Steelworkers of America v. Weber (1979), and Johnson v. Transportation Agency (1987), both cases that read ...
Access To Courts And Preemption Of State Remedies In Collective Action Perspective, 2009 George Washington University Law School
Access To Courts And Preemption Of State Remedies In Collective Action Perspective, Robert Glicksman, Richard Levy
Robert L. Glicksman
Preemption of common law remedies for individual injuries such as harm to health raises fundamental questions about the proper allocation of authority between the federal and state governments and about the role of courts in interpreting statutes and providing remedies for those who suffer injuries. Developing a workable framework for analyzing what we call “remedial preemption” issues can help to ensure an appropriate accommodation of the federal and state interests at stake and promote consistent application of preemption doctrine to state judicial remedies.
This article applies a “collective action” framework for preemption analysis to the issue of remedial preemption. Our ...
Legal Update, 2009 Widener University - Delaware Campus
Legal Update, Thaddeus Pope
Thaddeus Mason Pope
No abstract provided.
Towards A Better Assessment Of Pain And Suffering Damages, 2009 Erasmus University of Rotterdam, Erasmus School of Law
Towards A Better Assessment Of Pain And Suffering Damages, V. Karapanou, L. Visscher
Dr. Vaia Karapanou
No abstract provided.
What Is The Point Of The Tort Remedy?, 2009 Tel Aviv University Faculty of Law
What Is The Point Of The Tort Remedy?, Avihay Dorfman
A tort remedy, as the conventional wisdom has it, might serve any number of masters (ranging from justice to economic efficiency) by vindicating the status quo ante the tort. I shall argue that this view forces one to accept the proposition that the duty to restore the victim to the status quo ante the wrong done her represents a contingency – that is, one among different permissible extensions of the core of the remedial regime animating tort law. Anything outside the core of the remedial regime of tort law, which is the victim’s entitlement to have her rights vindicated by ...
Toxic Torts In A Nutshell, 2009 Widener Law
Toxic Torts In A Nutshell, Jean Eggen
Jean M. Eggen
No abstract provided.
My Doctor Made Me Crazy: Can A Medical Malpractice Plaintiff Allege Psychological Damages Without Making Credibility The Issue?, 2009 Thomas M Cooley Law School
My Doctor Made Me Crazy: Can A Medical Malpractice Plaintiff Allege Psychological Damages Without Making Credibility The Issue?, Brendan Beery
Brendan T Beery
This article explores the issue of psychological damages and challenges the pervasive notion among defense lawyers in medical malpractice cases that medical and psychological evidence obtained in discovery can be used to embarrass a medical malpractice plaintiff in front of a jury.
Legal Briefing: Informed Consent, 2009 Widener University - Delaware Campus
Legal Briefing: Informed Consent, Thaddeus Pope
Thaddeus Mason Pope
This issue’s “Legal Briefing” column covers legal developments pertaining to informed consent. Not only has this topic been the subject of recent articles in this journal, but it also been the subject of numerous public and professional discussions over the past several months. Legal developments concerning informed consent can be usefully grouped into nine categories: (1) general disclosure standards in the clinical context, (2) shared decision making, (3) statutorily mandated abortion disclosures, (4) statutorily mandated end-of-life counseling, (5) other statutorily mandated subject-specific disclosures, (6) U.S. Food and Drug Administration (FDA) labeling and federal pre-emption of state informed consent ...
Mock Trials And The Debate Between Litigation Driven Versus Management Driven Models Of Business Law Instruction, 2009 Southeast Missouri State University
Mock Trials And The Debate Between Litigation Driven Versus Management Driven Models Of Business Law Instruction, Pamela Gershuny
This article offers a compromise position in the longstanding and often heated debate between proponents of the Management Driven Model for teaching undergraduate Legal Environment of Business courses and those scholars supporting the Litigation Driven Model. The goal in both camps is to stimulate a desire to learn. This is especially challenging for business law professors, however, as undergraduate business students usually enroll because it is required, not because they have a deep and profound interest in learning the law. This study was designed to gain a greater understanding of the learning outcomes associated with the mock trial as an ...
Rough Justice, 2009 Fordham Law School
Rough Justice, Alexandra Lahav
Alexandra D. Lahav
This Essay offers a new justification for rough justice. Rough justice, as I use the term here, is the attempt to resolve large numbers of cases by using statistical methods to give plaintiffs a justifiable amount of recovery. It replaces the trial, which most consider the ideal process for assigning value to cases. Ordinarily rough justice is justified on utilitarian grounds. But rough justice is not only efficient, it is also fair. In fact, even though individual litigation is often held out as the sine qua non of process, rough justice does a better job at obtaining fair results for ...
Acing Contracts, 2009 Touro Law Center
Acing Contracts, Suzanne Darrow-Kleinhaus
Suzanne Darrow Kleinhaus
This study aid features an innovative method of content organization. It uses a checklist format to lead students through questions they need to ask to fully evaluate the legal problem they are trying to solve. It also synthesizes the material in a way that most students are unable to do on their own, and assembles the different issues, presenting a clear guide to procedural analysis that students can draw upon when writing their exams. Other study aids provide sample problems, but none offer the systematic approach to problem solving found in this book.