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Full-Text Articles in Law
Trolley Problems, Private Necessity, And The Duty To Rescue, Laura A. Heymann
Trolley Problems, Private Necessity, And The Duty To Rescue, Laura A. Heymann
Faculty Publications
Laidlaw v. Sage is generally, at best, an oddity in Torts casebooks today. A case that captured the imagination of New York newspaper readers at the time, Laidlaw involved an explosion that, William Laidlaw argued, the wealthy Russell Sage survived only because, at the last moment, he pulled Laidlaw in front of him to absorb the brunt of the blast. As taught in Torts classrooms, Laidlaw is either a case about the intent requirement for battery or a case about causation. But the case, assuming the plaintiff’s story was true, also provides an interesting window into what would seem to …
Knowing How To Know: Secondary Liability For Speech In Copyright Law, Laura A. Heymann
Knowing How To Know: Secondary Liability For Speech In Copyright Law, Laura A. Heymann
Faculty Publications
Contributory copyright infringement has long been based on whether the defendant, "with knowledge of the infringing activity," induced, caused, or materially contributed to another's infringing conduct. But few court opinions or scholarly articles have given due consideration to what it means to "know" of someone else's infringing conduct, particularly when the unlawfulness at issue cannot truly exist until a legal judgment occurs. How can one "know," in other words, that a court or jury will deem a particular use infringement rather than de minimis or fair use? At best, contributory defendants engage in a predictive exercise--in some cases, a more …
'Neurophobia,' A Reply To Patterson, Peter A. Alces
'Neurophobia,' A Reply To Patterson, Peter A. Alces
Faculty Publications
No abstract provided.