Law Commons^™

Vicarious Liability For Ai, Mihailis E. Diamantis

Indiana Law Journal

When an algorithm harms someone—say by discriminating against her, exposing her personal data, or buying her stock using inside information—who should pay? If that harm is criminal, who deserves punishment? In ordinary cases, when A harms B, the first step in the liability analysis turns on what sort of thing A is. If A is a natural phenomenon, like a typhoon or mudslide, B pays, and no one is punished. If A is a person, then A might be liable for damages and sanction. The trouble with algorithms is that neither paradigm fits. Algorithms are trainable artifacts with “off” switches, …

Sexual Harassment: A Doctrinal Examination Of The Law, An Empirical Examination Of Employer Liability, And A Question About Ndas— Because Complex Problems Do Not Have Simple Solutions, Michael Heise, David S. Sherwyn

Indiana Law Journal

The #MeToo movement casts critical light on the pervasive nature of sexual harassment, particularly in the employment context, and continues to motivate a number of initiatives that address important social and workplace ills. The problems this movement has uncovered, however, run much deeper and likely exceed the scope and capacity of many of the proposed “fixes” it has inspired. Worse still, however, is that some of the proposed fixes may prove counterproductive. This Article examines the history and development of the relevant employment laws, empirically assesses judicial holdings on the employers’ affirmative defense to liability, and argues that many employees …

Patent Accidents: Questioning Strict Liability In Patent Law, Patrick R. Goold

Indiana Law Journal

Accidental infringement of patent rights is a pervasive and growing problem in the Information Age. As IP rights proliferate and expand in scope, it is becoming increasingly easy for companies and individuals to inadvertently infringe patents. When such accidental infringement occurs, patent law holds the infringer strictly liable. This contrasts with many areas of tort law where defendants are only liable if they act negligently.

This Article questions the normative desirability of strict liability in patent law. Assuming the primary value of patent law is utilitarian, this Article poses the research question: what liability rule will maximize social welfare? This …

The Prosser Myth Of Transferred Intent, Peter B. Kutner

Indiana Law Journal

The main theme of this Article is that Prosser advanced a mythical doctrine of transferred intent. What Prosser asserted to be the law was not the law when he wrote his article on transferred intent and amended his treatise. The cases he relied on to support his conclusions on transferred intent did not support them. Moreover, despite Prosser’s great influence on American tort law, Prosser’s position on transferred intent is not the law now and should not be. Its consequences are undesirable. Recognition of transferred intent as a basis of liability is due primarily to its inclusion in the First …

Comparing Fault, David C. Sobelsohn

Indiana Law Journal

No abstract provided.

Hospice: The Legal Ramifications Of A Place To Die, Abigail Lawlis Kuzma

Indiana Law Journal

No abstract provided.

Should A Vessel Be Faulted For Failing To Carry Radar?

Indiana Law Journal

No abstract provided.

The Director's Liability For Negligence, Richard B. Dyson

Indiana Law Journal

No abstract provided.

Insolvency In Bankruptcy: A Synthesis, G. Stanley Joslin

Indiana Law Journal

No abstract provided.

Liability Of A Sponsor Of A Driver's License In Indiana

Indiana Law Journal

No abstract provided.

The Liability Of A Private Person For Giving Information Which Leads To A False Arrest

Indiana Law Journal

No abstract provided.

The Use Of Criminal Law As A Standard Of Civil Responsibility In Indiana, Cleon H. Foust

Indiana Law Journal

No abstract provided.

Liability For Aircraft Damage To Ground Occupiers-A Study Of Current Trends In Tort Law

Indiana Law Journal

No abstract provided.

Liability Of A Business Proprietor For Attraction Of Crowds

Indiana Law Journal

Recent Cases: Torts

Governmental Tort Liability In Indiana

Indiana Law Journal

No abstract provided.

Indiana Automobile Guest Statute Construed

Indiana Law Journal

Notes and Comments: Automobiles

Master And Servant-Assault And Battery

Indiana Law Journal

Recent Case Notes

Liability Of Broadcasting Station For Extemporaneous Defamation By One Not In Employ Of Station

Indiana Law Journal

Recent Case Notes: Defamation

Sales-Liability Of A Manufacturer For Misrepresentations To Sub-Purchaser

Indiana Law Journal

No abstract provided.

The Vicarious Liability Of Charitable Corporations

Indiana Law Journal

Recent Case Notes

Suretyship-Surety's Defenses

Indiana Law Journal

No abstract provided.