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Full-Text Articles in Law
An Education Theory Of Fault For Autonomous Systems, William D. Smart, Cindy M. Grimm, Woodrow Hartzog
An Education Theory Of Fault For Autonomous Systems, William D. Smart, Cindy M. Grimm, Woodrow Hartzog
Faculty Scholarship
Automated systems like self-driving cars and “smart” thermostats are a challenge for fault-based legal regimes like negligence because they have the potential to behave in unpredictable ways. How can people who build and deploy complex automated systems be said to be at fault when they could not have reasonably anticipated the behavior (and thus risk) of their tools?
Part of the problem is that the legal system has yet to settle on the language for identifying culpable behavior in the design and deployment for automated systems. In this article we offer an education theory of fault for autonomous systems—a new …
Reason, Morality, And Constitutional Compliance, David B. Lyons
Reason, Morality, And Constitutional Compliance, David B. Lyons
Faculty Scholarship
The central claim of Abner Greene’s Against Obligation appears to be that the federal government should allow exemptions from some restrictive laws in order to accommodate religious and other such commitments of its subjects. Professor Greene says that the law should be seen as a source of normative authority on a par with independent sources of authority (such as ordinary subjects’ religious convictions), and the government should loosen its own commitment to the Constitution accordingly.
The Domagala Dilemma-Domagala V. Rolland, Michael K. Steenson
The Domagala Dilemma-Domagala V. Rolland, Michael K. Steenson
Faculty Scholarship
In Domagala v. Rolland, the Minnesota Supreme Court granted review in a personal injury case that was dominated by duty and special relationship issues, even though the parties agreed that there was no special relationship between them. The case, straddling the misfeasance/nonfeasance line, was complicated by the defense theory (that the lack of a special relationship meant that the defendant owed no duty to protect or warn the plaintiff), and the plaintiff’s theory (that the defendant owed a duty of reasonable care to the plaintiff because he acted affirmatively, even if the risk to the plaintiff did not become apparent …
New Private Law Theory And Tort Law: A Comment, Keith N. Hylton
New Private Law Theory And Tort Law: A Comment, Keith N. Hylton
Faculty Scholarship
This comment was prepared for the Harvard Law Review symposium on “The New Private Law,” as a response to Benjamin Zipursky’s principal paper on torts. I find Zipursky’s reliance on Cardozo’s Palsgraf opinion as a foundational source of tort theory troubling, for two reasons. First, Cardozo fails to offer a consistent theoretical framework for tort law in his opinions, many of which are difficult to reconcile with one another. Second, Palsgraf should be understood as an effort by Cardozo to provide greater predictability, within a special class of proximate cause cases, by reallocating decision-making power from juries to judges. It …
Minnesota Negligence Law And The Restatement (Third) Of Torts: Liability For Physical And Emotional Harms, Michael K. Steenson
Minnesota Negligence Law And The Restatement (Third) Of Torts: Liability For Physical And Emotional Harms, Michael K. Steenson
Faculty Scholarship
The purpose of this article is to provide a foundation for judges and lawyers, primarily in Minnesota, who are seeking to understand how the Third Restatement’s approach to negligence law fits with Minnesota negligence law. The first Part of the article examines the approach of the Third Restatement. Because decisions in other states applying the Third Restatement will be important for courts in Minnesota and elsewhere in deciding whether to apply the Third Restatement, the second Part examines early reports on the Third Restatement in Iowa, Nebraska, Arizona, Wisconsin, Tennessee, and Delaware.
Friends As Fiduciaries, Ethan J. Leib
Friends As Fiduciaries, Ethan J. Leib
Faculty Scholarship
This Article argues that the law of fiduciary duties provides a good framework for friends to understand their duties to one another better, gives courts a useful set of rhetorical and analytical tools to employ when they are forced to entertain disputes that arise between close friends, and, finally, can help direct courts to furnish betrayed friends certain kinds of remedies that are most appropriate for achieving justice within that dispute context. This is not the first Article to make an effort to expand the reach of the fiduciary concept into new sorts of relationships that are not always considered …
Duty In Tort Law: An Economic Approach, Keith N. Hylton
Duty In Tort Law: An Economic Approach, Keith N. Hylton
Faculty Scholarship
Theories of tort law have focused on the breach and causation components of negligence, saying little if anything about duty. This paper provides a positive economic theory of duty doctrine. The theory that best explains duty doctrines in tort law is the same as the theory that explains strict liability doctrine. The core function of both sets of doctrines is to regulate the frequency or scale of activities that have substantial external effects. Strict liability aims to suppress or tax activities that carry unusually large external costs. Duty doctrines, especially those relieving actors of a duty of care, serve several …
Radke V. County Of Freeborn: The Return Of The Public Duty Rule?, Mehmet K. Konar-Steenberg
Radke V. County Of Freeborn: The Return Of The Public Duty Rule?, Mehmet K. Konar-Steenberg
Faculty Scholarship
Article explores when Minnesota law provides a cause of action against government actors who are negligent in the performance of their duties. Part II of this Article traces the separate development of the common law public duty rule and the implied statutory cause of action analysis. Part III examines the Hoppe case, where the supreme court seemed to hold that the absence of an implied statutory cause of action precluded the existence of a common law cause of action. Part IV then assesses the Radke court’s effort to resolve the confusion flowing from Hoppe.
The French Experience With Duty To Rescue: A Dubious Case For Criminal Enforcement, Edward A. Tomlinson
The French Experience With Duty To Rescue: A Dubious Case For Criminal Enforcement, Edward A. Tomlinson
Faculty Scholarship
No abstract provided.
Corporate Directors Duty Of Care: The American Law Institute Project On Corporate Governance, Tamar Frankel
Corporate Directors Duty Of Care: The American Law Institute Project On Corporate Governance, Tamar Frankel
Faculty Scholarship
The American Law Institute's Principles of Corporate Governance and Structure: Restatement and Recommendations (ALI Project) has triggered a sharp debate on corporate directors' duty of care. The history of the ALI Project and the events that led to its establishment have received different interpretations. All agree, however, that the Project was prompted by a movement to internalize control over the managements of large American corporations through independent, trustworthy boards of directors to which courts will defer; a movement towards increased corporate self-governance The debate over the ALl Project's statement of the duty of care is important because the results of …