Law Commons^™

Let It Burn: A Case Study On The Risk Management Practices Of Burning Man Project, Ethan S. De La Torre

Experience Industry Management

Risk management can be defined as a decision-making process of planning, identifying, analyzing, developing a response for, and controlling potential risks with the goal of minimizing the negative impacts of those risks. Risk management is an essential practice for all events, especially large-scale, live entertainment events. The purpose of this study was to examine the risk management practices for Burning Man. The instrument utilized in this study was a best practices guide developed by the researcher. Data were collected prior to, during, and following Burning Man 2022: Waking Dreams. Sources of data include printed material and online sources published by …

Statutory Immunity For Educators: An Analysis Of Decisions By The Texas Commissioner Of Education And Texas Appellate Courts After House Bill 4, Melissa Ballou Kates

Electronic Theses and Dissertations

This qualitative legal study explored statutory immunity protection provided to Texas educators under the Texas Education Code §22.0511 and §22.0512. The Texas legislature enacted the statutory immunity provisions as part of House Bill 4 and tort reform in 2003. Researchers have called for more balance when providing immunity protections for educators. The researcher limited the study to Texas Commissioner of Education decisions and Texas appellate court cases. The study utilized a legal framework to determine under what circumstances the rulings of statutory immunity shields educators from liability. The findings in this study provide evidence that Texas educators have more immunity …

Liability Of The Structural Engineer: Establishing, Quantifying, And Managing Risks, Justin Thomas Ittmann

LSU Doctoral Dissertations

Liability is an important topic to all practicing professionals—including practicing engineers. However, the topic of liability does not receive the necessary attention required relative to other professions. Further, engineers that desire to learn more about liability in relation to their practice do not have many university options within an engineering curriculum or from outside materials available to a non-legally trained engineer. The goal of the study is to provide a comprehensive overview of liability directed towards an intelligent practicing engineer, while avoiding unnecessary over-simplification of the material. This study initially provides an in depth survey of the legal standard of …

الجوانب القانونية المنظمة لعلاقة الشركة القابضة بالشركات التابعة لها ( دراسة مقارنة – بين القانون الإماراتي والقانون الكويتي والقانون الأمريكي ), أحمد محمد عبد الله الكندري

Private Law Theses

ما من شك أن اقتباس مصطلحات من التشريعات المقارنة دالة على إقامة تنظيم قانوني مغاير لذلك المُتبع في المسائل الاعتيادية، يجب أن يتبعه مسألة التحقق من أثر تدشين هذا التنظيم على أهم الأسُس الواردة في تشغيل وإدارة الشركات الواردة في قانون الشركات التجارية، والتي تتمحور حول مسألة الرقابة في الإدارة، والمشاركة في رأس المال.

وهذا التنظيم القانوني ذو الصفة الخاصة قد ظهرت وتشكلت ملامحه على المستوى العالمي في القرن التاسع عشر في الولايات المتحدة الأمريكية، وذلك بعد أن شهدت أساليب مختلفة تهدف إلى التركيز الاقتصادي، وذلك من خلال إقامة كيانات اقتصادية عملاقة تسُيطر على قطاعات تجارية واسعة في السوق.

ومن …

A Content Analysis Of Section 1983 Litigation Against Reserve Police Officers, Michael Ryan Broadus

Master's Theses

Police studies have well developed a demonstrative framework for detailing risks which generate financially-detrimental civil litigation – particularly regarding 42 U.S.C. §1983. Conversely, though, police studies have given little attention to the often-used but differentially-trained reserve police officer. Primarily replicating the methodologies of Kappeler, Kappeler, and del Carmen (1993) and Ross (2000), this descriptive study sought to fill this void via a manifest content approach to purposively select a sample of Section 1983 cases decided by U.S. District Courts over a 16-year period (2001-2016) to determine: (1) if significant liability was generated by reserve officers, (2) the main basis for …

Toward The Search For The Proper Liability Rule For Harms Resulting From Sources Of Risk: A Different Approach To The Choice Between Strict Liability And Fault-Based Regime, Wen-Hsuan Yang

Maurer Theses and Dissertations

An important issue in Taiwan today concerns the rising tension between strict liability and negligence. Article 191-3 of the Civil Code of Taiwan imposes a fault-based standard of liability on persons conducting dangerous activities. On the other hand, the majority of scholars believe that to afford greater protection, this rule should be changed into a strict liability rule.

Traditionally, three arguments make it preferable to impose strict liability under certain circumstances. First, strict liability induces more safety incentives on the part of the defendant. Second, fairness requires that one who benefits from conducting dangerous activities should bear the risk of …

The Concurrent Liability In Contract And Tort Under U.S. And English Law: To What Extent Plaintiff Is Entitled To Recover For Damages Under Tort Claim?, Phutchaya Numngern

Maurer Theses and Dissertations

Both U.S. and English courts has confronted with the concurrent situations mostly occurring in the cases where 1) the plaintiff asks for the recovery in tort claim despite the existence of contractual relationship or 2) the plaintiff asserts contract claim but the defendant contends that the issue at bar should be sound in tort rather than in contract. After studying all relevant cases and academic writings, this thesis found that both U.S. and English systems generally recognize concurrent tort claim as an elective right. The courts have attempted to provide the justified rationales either to allow the plaintiffs tort claim …

A Comparative Law Perspective On Intermediaries' Direct Liability In Cloud Computing Context -- A Proposal For China, Shi Xu

Maurer Theses and Dissertations

This dissertation is motivated by two questions: How does the emergence of cloud-computing technology impact major countries’ copyright law regarding the issue of intermediaries’ direct liability? What should Chinese legislature body learn from those countries regarding this issue? Answering the first question lays a foundation for answering the second question.

Usually, a cloud-computing intermediary’s specific activity may possess risk of violating a copyright holder’s right of reproduction, right of communication to the public and right of distribution. Comparatively, that intermediary can raise defenses under the exhaustion doctrine and the fair use doctrine. Analysis on these two topics consists of two …

Fire Service Leadership And The Impact Of Civil And Criminal Litigation On Officer Recruitment And Retention, Cameron Edward Borchert

Online Theses and Dissertations

Litigation in any industry is a driving force in the need for change management. There are very few industries that have not felt the direct effects of liability and litigation. For generations the fire service has enjoyed a sort of protected status as a result of the general good will the public has offered. There are many reasons for this, not the least of which being that firefighters routinely will risk their lives in the service of others. However, in recent years, fire departments across the United States have experienced increasing incidents of civil and criminal litigation. The core issue …

A Comparative Study Of Patent Infringement Remedies Related To Non-Practicing Entities In The Courts Of Canada, The United Kingdom, And The United States, Aleksandar Nikolic

LLM Theses

This work examines the scope of non-practicing entity behavior and whether the debate on remedies can lead to changes that encourage the goals behind a patent system. Innovation is often the stated goal but the significance of innovation commercialization is often ignored. Furthermore, there has been an increase in business models that involve alternate means of monetizing patents, not all of which were contemplated in the purpose of the patent system. Using the goals of the patent system as a backdrop, this work provides an overview of the impact of remedies available to courts in Canada, the United Kingdom, and …