Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Torts

Vanderbilt University Law School

Vanderbilt Journal of Entertainment & Technology Law

Journal

Tort law

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Evil Nudges, Michal Lavi Jan 2018

Evil Nudges, Michal Lavi

Vanderbilt Journal of Entertainment & Technology Law

The seminal book Nudge by Richard Thaler and Cass Sunstein demonstrates that policy makers can prod behavioral changes. A nudge is "any aspect of the choice architecture that alters people's behavior in a predictable way without forbidding any options or significantly changing their economic incentives." This type of strategy, and the notion of libertarian paternalism at its base, prompted discussions and objections. Academic literature tends to focus on the positive potential of nudges and neglects to address libertarian paternalism that does not promote the welfare of individuals and third parties, but rather infringes on it-a concept this Article refers to …


Rider Beware: Relying On The Courts And A Nationalized Rating System To Address The Duty Of Care Owed To Amusement Park Attraction Guests, Tobias Butler Jan 2006

Rider Beware: Relying On The Courts And A Nationalized Rating System To Address The Duty Of Care Owed To Amusement Park Attraction Guests, Tobias Butler

Vanderbilt Journal of Entertainment & Technology Law

This note explores the history of amusement park attraction regulation, including both the legislative and judicial treatment, and highlights the deficiencies in court approaches in light of "common carrier" law. First, is a brief history of thrill attractions in America as well as regulation of these attractions by both the legislature and judiciary. Specifically it will discuss the major approaches courts have taken in applying or refusing to apply the "common carrier" definition to these attractions. Second, it will analyze why any standard less than "utmost care" does not provide sufficient power for the courts to create a consistent standard …