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Full-Text Articles in Law
The Road To Autonomy, Michelle Sellwood
The Road To Autonomy, Michelle Sellwood
San Diego Law Review
[T]his Comment discusses the background of AI and robotics, the technology behind the autonomous vehicle, and the evolution of products liability laws. Part III examines current regulations, the benefits of autonomous technology, and the need for a definitive liability framework. Part IV discusses why current tort liability laws will be ineffective in governing autonomous vehicle liability by examining the shift in liability from the driver to the owner and manufacturer. Part V proposes a short-term solution by attributing liability to the programmer, while software is still hard-coded. Finally, Part VI explores legal personhood, and proposes that the autonomous vehicle be …
National Geographics: Toward A “Federalism Function” Of American Tort Law, Riaz Tejani
National Geographics: Toward A “Federalism Function” Of American Tort Law, Riaz Tejani
San Diego Law Review
This Article will situate the federalism function among existing scholarly frameworks and assess the “contoured” approach to federal and state power balancing across the existing subject matter of torts. Part II will assess conflicting characterizations of tort law as on one hand “private” and on the other “public” law. Part III will define and explain competing functions of tort law with an eye to whether federalism fits the common criteria of these coexisting objectives, goals, purposes, and methods for adjudication. In Part IV, the Article will explore historical and contemporary roles of federalism to understand why this process becomes so …
"Waive" Goodbye To Tort Liability: A Proposal To Remove Paternalism From Product Sales Transactions, Richard C. Ausness
"Waive" Goodbye To Tort Liability: A Proposal To Remove Paternalism From Product Sales Transactions, Richard C. Ausness
San Diego Law Review
This Article argues that waivers of tort liability should be permitted in connection with product sales. Currently, sellers cannot limit their liability under tort law for personal injuries caused by defective products even though such waivers are allowed, albeit reluctantly, under principles of negligence and warranty law.