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Articles 1 - 15 of 15
Full-Text Articles in Law
License Revoked For Fatal Injury, Ross Sandler
License Revoked For Fatal Injury, Ross Sandler
Other Publications
No abstract provided.
Shields Up For Software, Derek E. Bambauer, Melanie J. Teplinsky
Shields Up For Software, Derek E. Bambauer, Melanie J. Teplinsky
UF Law Faculty Publications
This Article contends that the National Cybersecurity Strategy's software liability regime should incorporate two safe harbors. The first would shield software creators and vendors from liability for decisions related to design, implementation, and maintenance, as long as those choices follow enumerated best practices. The second—the “inverse safe harbor”—would have the opposite effect: coders and distributors who engaged in defined worst practices would automatically become liable. This Article explains the design, components, and justifications for these twin safe harbors. The software safe harbors are key parts of the overall design of the new liability regime and work in tandem with the …
Big Oil Liability In Canada: Lessons From The Us And The Netherlands, David W-L Wu
Big Oil Liability In Canada: Lessons From The Us And The Netherlands, David W-L Wu
Dalhousie Law Journal
The number of nuisance and negligence tort claims in the US against “Big Oil” companies have grown significantly in the last five years. The Netherlands case of Milieudefensie et al v Royal Dutch Shell represents the first major success of such a claim internationally. While the US cases and Milieudefensie demonstrate starkly different approaches as to how to seek accountability from Big Oil for climate change harms, the increasing judicial engagement on these issues may mean the time is right for similar lawsuits in Canada. Three Canadian common law causes of action are examined: nuisance, negligence, and unjust enrichment. Defences …
Examining The New Standard Of Care For Medical Advice And Patients With Mental Health Conditions, Gary Kok Yew Chan
Examining The New Standard Of Care For Medical Advice And Patients With Mental Health Conditions, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
In 2017, the Singapore Court of Appeal in Hii Chii Kok v Oii Peng Jin London Lucien (Hii Chii Kok) favoured a patient-centric approach towards issues of providing medical advice. Section 37 of the Singapore Civil Law Act, which took effect on 1 July 2022, stipulates that the standard of care in giving medical advice to patients is based on peer professional opinion. This article will analyse, with reference to other common law jurisdictions, how the new statutory provision applies to patients with mental disorders under the Singapore Mental Capacity Act 2008. It will provide an interpretation of s 37 …
Taking A Mulligan On Golfer Liability For Damages To Adjacent People And Property: Why Existing Standards Are Too Defendant-Friendly, Michael Conklin, Andrew Tiger
Taking A Mulligan On Golfer Liability For Damages To Adjacent People And Property: Why Existing Standards Are Too Defendant-Friendly, Michael Conklin, Andrew Tiger
Hofstra Law Review
This Article is the first of its kind to argue for a more expansive interpretation of golfer liability for damages caused to people and property adjacent to a golf course. To arrive at this conclusion, the latest in golf course computer modeling is applied to a recent $5 million jury verdict to demonstrate the considerable frequency of errant golf shots.
A Corrective Justice Account Of Building Authority Liability In Canadian Negligence Law, Jonathan De Vries
A Corrective Justice Account Of Building Authority Liability In Canadian Negligence Law, Jonathan De Vries
Electronic Thesis and Dissertation Repository
In its decisions in Kamloops v Neilsen and Rothfield v Manolakos, the Supreme Court of Canada adopted a policy-driven justification for imposing liability on building authorities whenever the negligent exercise of their building regulation mandate led to any member of the public suffering any form of foreseeable loss. From its beginnings, this legal doctrine was incoherent and unjustified. It has also become an aberration within Canadian law as, beginning with the decision in Cooper v Hobart, the Supreme Court of Canada resiled from its earlier policy-based approach to imposing liability. What is required is a repudiation of the …
Differentiating Strict Products Liability’S Cost-Benefit Analysis From Negligence, Paul F. Rothstein, Ronald J. Coleman
Differentiating Strict Products Liability’S Cost-Benefit Analysis From Negligence, Paul F. Rothstein, Ronald J. Coleman
Georgetown Law Faculty Publications and Other Works
Dangerous products may give rise to colossal liability for commercial actors. Indeed, in 2021, the U.S. Supreme Court denied certiorari in Johnson & Johnson v. Ingham, permitting a more than two billion dollar products liability damages award to stand. In his dissenting opinion in another recent products liability case, Air and Liquid Systems Corp. v. DeVries, Justice Gorsuch declared that “[t]ort law is supposed to be about aligning liability with responsibility.” However, in the products liability context, there have been ongoing debates concerning how best to set legal rules and standards on tort liability. Are general principles of …
Tort Theory And The Restatement, In Retrospect, Keith N. Hylton
Tort Theory And The Restatement, In Retrospect, Keith N. Hylton
Faculty Scholarship
This is my third paper on the Restatement (Third) of Torts. In my first paper, The Theory of Tort Doctrine and the Restatement (Third) of Torts, I offered a positive economic theory of the tort doctrine that had been presented in the Restatement (Third) of Torts: General Principles, and also an optimistic vision of how positive theoretical analysis could be integrated with the Restatement project. In my second paper, The Economics of the Restatement and of the Common Law, I set out the utilitarian-economic theory of how the common law litigation process could generate optimal (efficient, wealth-maximizing) rules and compared …
Biased But Reasonable: Bias Under The Cover Of Standard Of Care, Maytal Gilboa
Biased But Reasonable: Bias Under The Cover Of Standard Of Care, Maytal Gilboa
Georgia Law Review
Inequities in the distribution of healthcare are widely acknowledged to plague the United States healthcare system. Controversies as to whether anti-discrimination law allows individuals to bring lawsuits with respect to implicit rather than intentional bias render negligence law an important avenue for redressing harms caused by implicit bias in medical care. Yet, as this Article argues, the focus of negligence law on medical standards of care to define the boundaries of healthcare providers’ legal duty of care prevents the law from adequately deterring implicit bias and leaves patients harmed by biased treatment decisions without redress for their losses, so long …
Civil Liability For Sexual Misconduct, Mike K. Steenson
Civil Liability For Sexual Misconduct, Mike K. Steenson
Mitchell Hamline Law Review
No abstract provided.
The Tort Whisperer: Nine Decades Later–My Perspective, Larry M. Roth
The Tort Whisperer: Nine Decades Later–My Perspective, Larry M. Roth
Touro Law Review
This Article provides a comparative analysis of Judge Benjamin Cardozo’s tort decisions in Palsgraf v. Long Island Railroad Co., one of his most famous tort decisions, contrasted with a lesser-known tort opinion in Hynes v. New York Central Railroad Co. The Author attempts to address Cardozo’s humanistic and intellectual dichotomies which are exemplified by these two real-life tort precedents—one of which, Palsgraf, most practitioners may only have a distant recall. A historical overview of Cardozo’s life is also discussed. These two decisions portray Cardozo as an emotive human being exercising hit-or-miss judging. This theme provides a differ viewpoint from Cardozo’s …
The "Accident Network": A Network Theory Analysis Of Proximate Causation, Anat Lior
The "Accident Network": A Network Theory Analysis Of Proximate Causation, Anat Lior
Marquette Law Review
In torts, proximate causation, or legal cause, examines whether harmful negligent conduct is “closely enough related” to the damages that ensue. Torts professors often use the metaphor of a stone being thrown into a pond to explain this rather amorphous legal doctrine. The ripples the stone creates surrounding it are the direct result of the act of it being thrown. The stone tossed into the pond, i.e., a negligent act, created an effect which perpetuated via ripples to a long distance, forever changing the entire pond, i.e., causing close and far damages. Can all of those affected by the negligent …
Minding Accidents, Teneille R. Brown
Minding Accidents, Teneille R. Brown
University of Colorado Law Review
Tort doctrine states that breach is all about conduct. Unlike in the criminal law context, where jurors must engage in amateur mindreading to evaluate mens rea, jurors are told that they can assess civil negligence by looking only at the defendant’s external behavior. But this is false. Here I explain why, by incorporating the psychology of foresight. Foreseeability is at the heart of negligence—appearing as the primary test for duty, breach, and proximate cause. And yet, it has been called a “vexing morass” and a “malleable standard” because it is so poorly understood. This Article refines and advances the construct …
Georges V. State, 249 A.3d 1261 (R.I. 2021), Logan Faucher
Georges V. State, 249 A.3d 1261 (R.I. 2021), Logan Faucher
Roger Williams University Law Review
No abstract provided.
The Tiktok Algorithm Is Good, But Is It Too Good? Exploring The Responsibility Of Artificial Intelligence Systems Reinforcing Harmful Ideas On Users, Julianne Gabor
Catholic University Journal of Law and Technology
No abstract provided.