Law Commons^™

Medical Taking Of Human Biological Material V. Traditional “Art Looting”: Henrietta Lacks And The Complex Ethical And Legal Liability Questions Raised By Her Unfortunate Case, Alyaa Chace

Touro Law Review

During a poignant saga of American history, Henrietta Lacks stands as an emblem of both scientific triumph and ethical controversy. In 1951, Mrs. Lacks, a tobacco farmer and mother of five, visited Johns Hopkins Hospital for treatment of what was later discovered to be advanced stage cervical cancer. Her doctors treated her with radium, which was standard practice at the time. However, Mrs. Lacks’s cancer rapidly metastasized and she ultimately passed away just months later on October 4, 1951, at the age of 31. During the course of her treatment, Mrs. Lacks’s cells were non-consensually removed for purposes of scientific …

The Efficient Breach Theory In International Investment Law, Sangwani Patrick Ng’Ambi

Northwestern Journal of International Law & Business

When a State unilaterally abrogates its contractual obligations, it is under a duty to compensate the investor. The aim of the compensation regime under International Investment Law is to restore the investor to a position he or she would have been in had the breach not taken place. Thus, the award of compensation should not only include sunk costs (damnum emergens) but also lost future profits (lucrum cessans).

In this article it is argued that the rules relating to compensation promote efficiency, as per the ‘efficient breach theory’ because they dissuade governments from unilaterally abrogating concession agreements, unless they can …

Evolution And Revolution: The Remedial Smorgasbord For Misleading Conduct In Australia, Elise Bant, Jeannie Marie Paterson

FIU Law Review

No abstract provided.

Due Process Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.

Student-Athletes Vs. Ncaa: Preserving Amateurism In College Sports Amidst The Fight For Player Compensation, Audrey C. Sheetz

Brooklyn Law Review

While student-athletes are the backbone of the $11 billion college sports industry, they do not currently receive any of this revenue derived from the use of their names, images, and likenesses. The National College Athletic Association’s mission is to maintain the amateur status of student-athletes. In doing so, it precludes student-athletes from receiving any type of compensation outside of the actual cost of tuition. Amateurism, as a concept, promotes the distinction between professional and student athletes, and is the crux of the NCAA’s argument for prohibiting the compensation of student-athletes. Recently, however, the controversy surrounding the amateur status of college …

Singapore Law Watch - Govt Has An Override In Land Ownership (Forum), Linus Koh

Linus Koh

No abstract provided.

"No Man Can Be Worth $1,000,000 A Year": The Fight Over Executive Compensation In 1930s America, Harwell Wells

University of Richmond Law Review

No abstract provided.

Two Goals For Executive Compensation Reform, Brett H. Mcdonnell

NYLS Law Review

No abstract provided.

The Secrecy Interest In Contract Law, Omri Ben-Shahar, Lisa Bernstein

Articles

A long and distinguished line of law-and-economics articles has established that in many circumstances fully compensatory expectation damages are a desirable remedy for breach of contract because they induce both efficient performance and efficient breach. The expectation measure, which seeks to put the breached-against party in the position she would have been in had the contract been performed, has, therefore, rightly been chosen as the dominant contract default rule. It does a far better job of regulating breach-or-perform incentives than its leading competitors-the restitution measure, the reliance measure, and specific performance. This Essay does not directly take issue with the …

Recovery For Pure Economic Loss In Tort: Another Look At Robins Dry Dock V. Flint, Victor P. Goldberg

Faculty Scholarship

In Robins Dry Dock and Repair Co. v. Flint, the Supreme Court laid down the general proposition that claims for pure economic loss are not recoverable in tort. Although courts have sometimes ignored or distinguished Robins, its holding is still a central feature of tort law. In a recent en bane decision regarding claims by those injured by a chemical spill in the Mississippi River, the Fifth Circuit engaged in an extensive debate over the continued vitality of Robins and concluded (despite five dissenters) that it remained good law.

The Robins rule is overbroad, lumping together a number of …

Recent Developments In Products Liability Law In Pennsylvania, Warren W. Faulk

Villanova Law Review

No abstract provided.

Pyramiding Of Insurance Coverage Under The Standard Family Automobile Liability Policy, Edward J. Ciechon Jr.

Villanova Law Review

No abstract provided.

Products Liability In Pennsylvania, William E. Benner, Thomas C. Riley, Joseph A. Torregrossa

Villanova Law Review

No abstract provided.

Quasi-Contract As An Alternative Remedy For Inducing Breach Of Tort

Michigan Law Review

In an action for money had and received, plaintiff alleged that the International Railroad Company owed plaintiff $40,000 as compensation for services rendered under an existing and valid contract of employment; that with knowledge of this fact defendant corporation, representing that it, and not plaintiff, was entitled to this sum, fraudulently conspired with International Railway Company that this sum be paid defendant instead of plaintiff, and that said amount was paid defendant, resulting in unjust enrichment under circumstances in which the law implies a promise on defendant's part to pay said sum to plaintiff. In reversing a judgment sustaining a …

Quasi-Contracts-Recovery Of Insurance Paid Under Mistake Of Fact

Michigan Law Review

The plaintiff insured articles of Jewelry for the defendant against loss. Defendant was unable to find a necklace covered by the policy in question and after an unsuccessful search the parties entered into an agreement whereby the defendant consented to accept other jewelry, equal in value to the necklace, as compensation for the loss. Later the necklace was found, and the plaintiff seeks rescission of the agreement and specific restitution of the articles delivered pursuant thereto. Held, payment made in settlement of an insurance claim may not be rescinded on the basis of mistake of fact as to the …