Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Actions ex ante (1)
- Civil code (1)
- Common law (1)
- Cybersecurity (1)
- Database (1)
-
- Database possessor liability (1)
- Economic Loss Rule (1)
- Empirical data (1)
- Empirical legal research (1)
- Empirical study (1)
- Fiduciary duty (1)
- Gramm-Leach-Biley Act (“GLBA”) (1)
- Hackers (1)
- Kline v. 1500 Massachusetts Avenue Apartment Corp. (1)
- Legal system (1)
- Michael L. Smith (1)
- Motor vehicle accidents (1)
- Palsgraph v. Long Island Railroad Co. (1)
- Security Breach Information Act (“SBIA”) (1)
- Security-Monitoring Damages (1)
- Tort law (1)
- Vincent Johnson (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Cybersecurity, Identity Theft, And The Limits Of Tort Liability, Vincent R. Johnson
Cybersecurity, Identity Theft, And The Limits Of Tort Liability, Vincent R. Johnson
Faculty Articles
Tort law is the best vehicle for allocating the risks and spreading the costs of database intrusion. It can incentivize database possessors (“possessors”) and data subjects to minimize the harm associated with breaches of database security while also balancing each party’s interests. Life is built upon computerized databases and the information of those databases is subject to hackers and other cyber-threats, which can cause catastrophic damage. It is hard to identify hackers; however, a better object for recovery is likely the possessors who fail to prevent or reveal a security breach.
The law governing database possessors’ liability is far from …
Deterrence And Origin Of Legal System: Evidence From 1950-1999, Michael L. Smith
Deterrence And Origin Of Legal System: Evidence From 1950-1999, Michael L. Smith
Faculty Articles
This article offers evidence on legal systems' deterrence of acts that may cause harm, which extends law—and finance—literature comparing common law and civil code systems. Fatality rates from two causes are used to gauge deterrence: (1) motor vehicle accidents and (2) accidents other than motor vehicle. Both vary significantly across countries classified by origin of legal system. The data cover 50 years, offering evidence on evolution of differences over time. Findings for accidents other than motor vehicle are evidence on legal system flexibility, as the diffuse set of causes increases the difficulty of specifying harmful actions ex ante.