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2006

Liability

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Articles 1 - 29 of 29

Full-Text Articles in Law

Airline Liability For Loss, Damage Or Delay Of Passenger Baggage, M. R. Franks Oct 2006

Airline Liability For Loss, Damage Or Delay Of Passenger Baggage, M. R. Franks

ExpressO

The article discusses remedies and methods of enforcing airline liability for loss, damage or delay of passenger baggage. The article includes a discussion of the law as it relates both to domestic flights and to international flights where passenger luggage is lost, damaged or delayed. The article includes a discussion of the Warsaw Convention as it relates to international flights and of the Federal Aviation Regulations applicable in the case of domestic flights.


Common Law Property Metaphors On The Internet: The Real Problem With The Doctrine Of Cybertrespass, Shyamkrishna Balganesh Oct 2006

Common Law Property Metaphors On The Internet: The Real Problem With The Doctrine Of Cybertrespass, Shyamkrishna Balganesh

Michigan Telecommunications & Technology Law Review

The doctrine of cybertrespass represents one of the most recent attempts by courts to apply concepts and principles from the real world to the virtual world of the Internet. A creation of state common law, the doctrine essentially involved extending the tort of trespass to chattels to the electronic world. Consequently, unauthorized electronic interferences are deemed trespassory intrusions and rendered actionable. The present paper aims to undertake a conceptual study of the evolution of the doctrine, examining the doctrinal modifications courts were required to make to mould the doctrine to meet the specificities of cyberspace. It then uses cybertrespass to ...


Assumption Of Responsibility And Loss Of Bargain In Tort Law, Russell Brown Oct 2006

Assumption Of Responsibility And Loss Of Bargain In Tort Law, Russell Brown

Dalhousie Law Journal

The author seeks to justify recovery in negligence law for loss of bargain, which is the pure economic loss incurred by a subsequent purchaser of a defective product or building structure in seeking to repair the defect. The difficulty is that the purchaser is not in a relationship of contractual privity with the manufacturer The conflicting approaches in Anglo-American tort law reveal confusion, owing to loss of bargain's dual implication of the law governing pure economic loss and products liability. These difficulties are overcome by drawing from Hedley Byrne's requirements of a defendant's assumption of responsibility and ...


Medical Malpractice Standard-Setting: Developing Malpractice "Safe Harbors" As A New Role For Qios?, James F. Blumstein May 2006

Medical Malpractice Standard-Setting: Developing Malpractice "Safe Harbors" As A New Role For Qios?, James F. Blumstein

Vanderbilt Law Review

Concern about medical malpractice issues has reemerged, again stemming from escalating costs in some geographic regions and sectors of medical practice. The Bush Administration has (so far unsuccessfully) supported a cap on noneconomic loss as a strategy for coping with the cost aspects of those medical malpractice concerns, the model being the California approach.

Although the overall initiative for reform has considerable merit, the damage-cap has its opponents and its drawbacks. The damage-cap approach is remedy-centric, focusing on the scope of remedy as a vehicle for containing costs in the area of medical malpractice. By concentrating on remedies, the reform ...


To Err Is Human, Keith A. Rowley May 2006

To Err Is Human, Keith A. Rowley

Michigan Law Review

There are many kinds of mistakes. One kind-a rational, well-intended act or decision resulting in unanticipated, negative consequences-was the focus of Allan Farnsworth's previous foray into the realm of legal angst. Another kind-an act or decision prompted by an inaccurate, incomplete, or uninformed mental state and resulting in unanticipated, negative consequences- is the subject of the present book. Like its predecessor, Alleviating Mistakes does not confine itself to contract law, Farnsworth's home turf; it explores criminal, tort, restitution, and other areas of substantive law as well. As such, it paints on too large a canvas to capture its ...


Tort Recovery For Defective Products Posing A Threat Of Bodily Harm: An Exception To The Economic Loss Rule, Matthew W. Gissendanner Apr 2006

Tort Recovery For Defective Products Posing A Threat Of Bodily Harm: An Exception To The Economic Loss Rule, Matthew W. Gissendanner

South Carolina Law Review

No abstract provided.


Limited Liability Companies Are Off And Running: Historic Charleston Holdings, Llc V. Mallon, Accountings, And Derivative Actions In Llc Litigation, Carmen Harper Thomas Apr 2006

Limited Liability Companies Are Off And Running: Historic Charleston Holdings, Llc V. Mallon, Accountings, And Derivative Actions In Llc Litigation, Carmen Harper Thomas

South Carolina Law Review

No abstract provided.


A One-Two Punch To Forum Shopping: Recent Judicial And Legislative Amendments To South Carolina's Corporate Venue Jurisprudence, Steven B. Mcfarland Apr 2006

A One-Two Punch To Forum Shopping: Recent Judicial And Legislative Amendments To South Carolina's Corporate Venue Jurisprudence, Steven B. Mcfarland

South Carolina Law Review

No abstract provided.


Responders’ Responsibility: Liability And Immunity In Public Health Emergencies, Sharona Hoffman Mar 2006

Responders’ Responsibility: Liability And Immunity In Public Health Emergencies, Sharona Hoffman

Faculty Publications

Many experts predict the advent of a public health emergency resulting from a flu pandemic or bioterrorism attack in the foreseeable future. At the same time, many health care providers express significant concern about liability arising from emergency response activities, because it is unlikely that they would be able to provide optimal care in crisis conditions. They also state that this concern will likely influence their willingness to be involved in response activities. This article addresses issues that have received little attention in the legal literature: liability and immunity in public health emergencies. The article provides a first-of-its-kind comprehensive analysis ...


Disappearing Acts – Toward A Global Civil Liability Regime For Pollution Damage Resulting From Offshore Oil And Gas Exploration, Kissi Agyebeng Feb 2006

Disappearing Acts – Toward A Global Civil Liability Regime For Pollution Damage Resulting From Offshore Oil And Gas Exploration, Kissi Agyebeng

Cornell Law School J.D. Student Research Papers

Civil liability for pollution damage is recognized and firmly established under international law. However, there is no global international treaty that addresses this issue with respect to offshore oil and gas exploration. This may be due partly to the infrequency of the occurrence of offshore oil well blowouts. However, offshore operations represent a constant threat to the marine environment since the risk of a blowout leading to an ecological disaster is ever present. The trend has been the adoption of regional agreements to tackle the issue. However, most of the regional arrangements deal with the issue in a sidelong manner ...


Limiting Limited Liability, Giuseppe Dari-Mattiacci Jan 2006

Limiting Limited Liability, Giuseppe Dari-Mattiacci

Giuseppe Dari-Mattiacci

Limited liability may result in inefficient accident prevention, because a relevant portion of the expected harm is externalized on victims. This paper shows that under some restrictive conditions further limiting liability by means of a liability cap can improve caretaking.


Hot Goods And Cold Cash: Hot Goods Laws, The Joint Employment Doctrine And Retailer Liability Under The Fair Labor Standards Act Of 1938, Brooke Deines Jan 2006

Hot Goods And Cold Cash: Hot Goods Laws, The Joint Employment Doctrine And Retailer Liability Under The Fair Labor Standards Act Of 1938, Brooke Deines

Louis Jackson National Student Writing Competition

No abstract provided.


Has The Law Of Products Liability Spoiled The True Purpose Of Trademark Licensing? Analyzing The Responsibility Of A Trademark Licensor For Defective Products Bearing Its Mark, Jennifer Rudis Deschamp Jan 2006

Has The Law Of Products Liability Spoiled The True Purpose Of Trademark Licensing? Analyzing The Responsibility Of A Trademark Licensor For Defective Products Bearing Its Mark, Jennifer Rudis Deschamp

Saint Louis University Public Law Review

No abstract provided.


Do Ask And Do Tell: Rethinking The Lawyer’S Duty To Warn In Domestic Violence Cases, Margaret B. Drew, Sarah Buel Jan 2006

Do Ask And Do Tell: Rethinking The Lawyer’S Duty To Warn In Domestic Violence Cases, Margaret B. Drew, Sarah Buel

Faculty Publications

Empirical data document that while domestic violence victims face high risk of recurring abuse, batterers’ lawyers may be privy to information that could avert further harm. Attorneys owe a duty of confidentiality to their clients that can be breached only in extraordinary circumstances, such as when counsel learns her client plans to commit a crime. To resolve the tension between client confidentiality and victim safety, this Article argues that, in the context of domestic violence cases, lawyers have an affirmative duty to (1) screen battering clients who have indicated a likelihood of harming others, (2) attempt to dissuade them from ...


Lawyer Liability And The Vortex Of Deepening Insolvency, Douglas R. Richmond, Rebecca Lamberth, Ambreen Delawalla Jan 2006

Lawyer Liability And The Vortex Of Deepening Insolvency, Douglas R. Richmond, Rebecca Lamberth, Ambreen Delawalla

Saint Louis University Law Journal

No abstract provided.


Baseball Bats In The High Tech Era: A Products Liability Look At New Technology, Aluminum Bats, And Manufacturer Liability, Matthew R. Wilmot Jan 2006

Baseball Bats In The High Tech Era: A Products Liability Look At New Technology, Aluminum Bats, And Manufacturer Liability, Matthew R. Wilmot

Marquette Sports Law Review

No abstract provided.


Winning At All Costs: An Analysis Of A University's Potential Liability For Sexual Assualts Committed By Its Student Athletes , Jenni E. Spies Jan 2006

Winning At All Costs: An Analysis Of A University's Potential Liability For Sexual Assualts Committed By Its Student Athletes , Jenni E. Spies

Marquette Sports Law Review

No abstract provided.


Avila V. Citrus Community College District: Shaping The Contours Of Immunity And Primary Assumption Of The Risk, Timothy Davis Jan 2006

Avila V. Citrus Community College District: Shaping The Contours Of Immunity And Primary Assumption Of The Risk, Timothy Davis

Marquette Sports Law Review

No abstract provided.


Acknowledging Informal Power Dynamics In The Workplace: A Proposal For Further Development Of The Vicarious Liability Doctrine In Hostile Environment Sexual Harassment Cases, Susan Carle Jan 2006

Acknowledging Informal Power Dynamics In The Workplace: A Proposal For Further Development Of The Vicarious Liability Doctrine In Hostile Environment Sexual Harassment Cases, Susan Carle

Articles in Law Reviews & Other Academic Journals

No abstract provided.


States Beginning To Recognize That Training Is Essential For Members Of Planning And Zoning Boards And Local Legislative Bodies, Patricia E. Salkin Jan 2006

States Beginning To Recognize That Training Is Essential For Members Of Planning And Zoning Boards And Local Legislative Bodies, Patricia E. Salkin

Scholarly Works

Members of planning and zoning boards and local legislative bodies constantly make decisions that may be worth millions of dollars to applicants and that may have serious impacts on public health and safety. Unlike other players in the land use decision making process members of local legislative bodies and land use boards have no specific education or training in land use matters prior to their election or appointment putting them in the position to learn solely from “on the job training”. Five (5) states currently require mandatory training and continuing education courses for members of planning boards and zoning boards ...


A Restatement Third Of Intentional Torts?, Kenneth W. Simons Jan 2006

A Restatement Third Of Intentional Torts?, Kenneth W. Simons

Faculty Scholarship

Some intentional tort doctrines have developed in intriguing ways since the Restatement Second was published, and other doctrines remain contentious or obscure. For example, disagreement persists about whether the tort of battery requires merely the (single) intent to make a nonconsensual contact, or the (dual) intent both (1) to contact and (2) either to harm or to offend. The single intent view is much more plausible; the dual intent view cannot make much sense of the liability of well-intentioned doctors for battery if they exceed the patient's consent, or the liability of pranksters, or the well-accepted doctrine of apparent ...


Don't Shoot The Speaker: Why Forfeiture Liability For Indecency Violations Over Broadcast Media Cannot Be Expanded To Cover The Speaker, Kevin Bennardo Jan 2006

Don't Shoot The Speaker: Why Forfeiture Liability For Indecency Violations Over Broadcast Media Cannot Be Expanded To Cover The Speaker, Kevin Bennardo

Vanderbilt Journal of Entertainment & Technology Law

The FCC found the broadcast of Bono's use of the "F-word" during the live telecast of the 2002 Golden Globe Award ceremonies violated 18 U.S.C. § 1464.34 Taking for granted that Bono willfully and intentionally uttered the offending word (which could never truly be known--a definite shortcoming of H.R. 310) and the fact that he knew it was being broadcast, he could be fined up to $500,000 under H.R. 310. However, such a result would punish Bono, a private speaker, for merely stating his joy at winning the "Best Song" Golden Globe in a ...


Rider Beware: Relying On The Courts And A Nationalized Rating System To Address The Duty Of Care Owed To Amusement Park Attraction Guests, Tobias Butler Jan 2006

Rider Beware: Relying On The Courts And A Nationalized Rating System To Address The Duty Of Care Owed To Amusement Park Attraction Guests, Tobias Butler

Vanderbilt Journal of Entertainment & Technology Law

This note explores the history of amusement park attraction regulation, including both the legislative and judicial treatment, and highlights the deficiencies in court approaches in light of "common carrier" law. First, is a brief history of thrill attractions in America as well as regulation of these attractions by both the legislature and judiciary. Specifically it will discuss the major approaches courts have taken in applying or refusing to apply the "common carrier" definition to these attractions. Second, it will analyze why any standard less than "utmost care" does not provide sufficient power for the courts to create a consistent standard ...


Barriers To Accessible Housing: Enforcement Issues In “Design And Construction” Cases Under The Fair Housing Act, Robert G. Schwemm Jan 2006

Barriers To Accessible Housing: Enforcement Issues In “Design And Construction” Cases Under The Fair Housing Act, Robert G. Schwemm

Law Faculty Scholarly Articles

In the Fair Housing Amendments Act of 1988 (“FHAA”), Congress added “handicap” to the bases of discrimination outlawed by the federal Fair Housing Act (“FHA”) and also enacted three special provisions to further insure equal housing opportunity for persons with disabilities. One of these special provisions—§ 3604(f)(3)(C) —mandates that all new multi-family housing be designed and constructed with seven specified accessibility features.

Despite the accessibility requirements of § 3604(f)(3)(C)—and similar requirements in scores of state and local fair housing laws—a great deal of the multi-family housing built since §3604(f)(3)(C) became ...


Second Best Damage Action Deterrence, Margo Schlanger Jan 2006

Second Best Damage Action Deterrence, Margo Schlanger

Articles

Potential defendants faced with the prospect of tort or tort-like damage actions can reduce their liability exposure in a number of ways. Prior scholarship has dwelled primarily on the possibility that they may respond to the threat of liability by augmenting the amount of care they take.1 Defendants (I limit myself to defendants for simplicity) will increase their expenditures on care, so the theory goes, when those expenditures yield sufficient liability-reducing dividends; more care decreases liability exposure by simultaneously making it less likely that the actors will be found to have behaved tortiously in the event of an accident ...


The Irrational Auditor And Irrational Liability, Adam C. Pritchard Jan 2006

The Irrational Auditor And Irrational Liability, Adam C. Pritchard

Articles

This Article argues that less liability for auditors in certain areas might encourage more accurate and useful financial statements, or at least equally accurate statements at a lower cost. Audit quality is promoted by three incentives: reputation, regulation, and litigation. When we take reputation and regulation into account, exposing auditors to potentially massive liability may undermine the effectiveness of reputation and regulation, thereby diminishing integrity of audited financial statements. The relation of litigation to the other incentives that promote audit quality has become more important in light of the sea change that occurred in the regulation of the auditing profession ...


Blame It On The Bee Gees: The Attack On Trial Lawyers And Civil Justice, Robert S. Peck, John Vail Jan 2006

Blame It On The Bee Gees: The Attack On Trial Lawyers And Civil Justice, Robert S. Peck, John Vail

NYLS Law Review

No abstract provided.


A Proposal To Use Common Ground That Exists Between The Medical And Legal Professions To Promote A Culture Of Safety, Steven E. Pegalis Jan 2006

A Proposal To Use Common Ground That Exists Between The Medical And Legal Professions To Promote A Culture Of Safety, Steven E. Pegalis

NYLS Law Review

No abstract provided.


A Restatement (Third) Of Intentional Torts?, Kenneth Simons Jan 2006

A Restatement (Third) Of Intentional Torts?, Kenneth Simons

Faculty Scholarship

Some intentional tort doctrines have developed in intriguing ways since the Restatement Second was published, and other doctrines remain contentious or obscure. For example, disagreement persists about whether the tort of battery requires merely the (single) intent to make a nonconsensual contact, or the (dual) intent both (1) to contact and (2) either to harm or to offend. The single intent view is much more plausible; the dual intent view cannot make much sense of the liability of well-intentioned doctors for battery if they exceed the patient's consent, or the liability of pranksters, or the well-accepted doctrine of apparent ...