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Articles 1 - 17 of 17
Full-Text Articles in Law
In Mourning Of Bereavement Damages, Iain Field
In Mourning Of Bereavement Damages, Iain Field
Iain Field
In most Australian jurisdictions, bereavement is not compensable in an action for wrongful death. Unless such loss can be shown to amount to a recognised psychiatric injury, it is also precluded from recovery in the law of negligence. But why must a plaintiff demonstrate some reaction to the death of a loved one that transcends mere grief before the civil law will compensate his or her loss? Are Australian jurisdictions unusual in precluding such awards, and can this exclusion be rationalised with the compensation of non-pecuniary loss (including bereavement) in other areas of the law?
Mental Disabilities And Duty In Negligence Law: Will Neuroscience Reform Tort Doctrine?, Jean Eggen
Mental Disabilities And Duty In Negligence Law: Will Neuroscience Reform Tort Doctrine?, Jean Eggen
Jean M. Eggen
Recent developments in neuroscience may contribute to some long-needed changes in negligence law. One negligence rule in need of reform is the duty rule allowing physical disabilities to be considered in determining whether a party acted negligently, but disallowing mental disabilities for adult tortfeasors. Further, this bifurcated rule applies imposes an objective standard only on adults alleged to have acted negligently. A subjective standard applies to all parties in intentional torts and to children in negligence actions. Courts justify the bifurcated rule for adults on policy grounds, but these policy underpinnings are no longer valid in contemporary society. More accurate …
Blameworthiness, Intent And Cultural Dissonance, Nancy Kim
Blameworthiness, Intent And Cultural Dissonance, Nancy Kim
Nancy Kim
Criminal law assumes that the judge and jury share the same cultural and experiential framework as the defendant; accordingly, crimes are defined with this assumption as an underlying premise. In this article, I will explain how the determination of mens rea often fails to reflect culpability because the definition of crimes fail to account for the cultural dissonance that often exists between the judge/juror and the accused. In this Article, I propose an analysis and reconceptualization of intent that bridges gaps in perception and understanding attributable to cultural dissonance.
Website Proprietorship And Online Harassment, Nancy Kim
Website Proprietorship And Online Harassment, Nancy Kim
Nancy Kim
Although harassment and bullying have always existed, when such behavior is conducted online, the consequences can be uniquely devastating. The anonymity of harassers, the ease of widespread digital dissemination, and the inability to contain and/or eliminate online information can aggravate the nature of harassment on the Internet. Furthermore, section 230 of the Communications Decency Act provides Web site sponsors with immunity for content posted by others and no incentive to remove offending content. Given the unique nature of online harassment, ex post punitive measures are inadequate to redress grievances. In this Article, I propose the imposition of proprietorship liability upon …
Imposing Tort Liability On Websites For Cyber Harassment, Nancy Kim
Imposing Tort Liability On Websites For Cyber Harassment, Nancy Kim
Nancy Kim
Several female law students were the subject of derogatory comments on AutoAdmit.com, a message board about law school admissions. When one of the women asked the website administrator to remove certain comments, the administrator discussed her request in an online post, prompting further attacks. An undergraduate student’s rape was revealed on a gossip site, JuicyCampus.com, where posters engaged in a cruel session of “blame the victim.” Another student on that site was falsely identified, by name, as being a stalker, bi-polar, and suicidal. When officials at her university asked JuicyCampus.com to remove the most egregious posts, the company refused. These …
Website Design And Liability, Nancy Kim
Website Design And Liability, Nancy Kim
Nancy Kim
Two regrettable behaviors have emerged online: the posting of content about others without their consent; and impulsive postings with no consideration of long-term consequences. Website operators can either encourage or discourage these regrettable behaviors and influence their consequences through the design of their website and by the fostering of norms and codes of conduct. Unfortunately, courts interpret section 230 of the Communications Decency Act as providing websites with broad immunity. In an earlier article, I argued that a proprietorship standard should be imposed upon websites, which would require them to take reasonable measures to prevent foreseeable harm. This article further …
Restatement Of Torts, A, Stephen D. Sugarman
Self-Defense Against Robots, A. Michael Froomkin, Zak Colangelo
Self-Defense Against Robots, A. Michael Froomkin, Zak Colangelo
A. Michael Froomkin
This paper examines when, under U.S. law, humans may use force against robots to protect themselves, their property, and their privacy. May a landowner legally shoot down a trespassing drone? May she hold a trespassing autonomous car as security against damage done or further torts? Is the fear that a drone may be operated by a paparazzo or a peeping Tom sufficient grounds to disable or interfere with it? How hard may you shove if the office robot rolls over your foot? This paper addresses all those issues and one more: what rules and standards we could put into place …
Contort: Tortious Breach Of The Implied Covenant Of Good Faith And Fair Dealing In Noninsurance Commercial Contracts--Its Existence And Desirability, Matthew J. Barrett
Contort: Tortious Breach Of The Implied Covenant Of Good Faith And Fair Dealing In Noninsurance Commercial Contracts--Its Existence And Desirability, Matthew J. Barrett
Matthew J. Barrett
No abstract provided.
What Is An Accident?, Daniel B. Yeager
What Is An Accident?, Daniel B. Yeager
Daniel B. Yeager
Please consider for publication my attached 5000-word, 28-page, lightly annotated (39 footnotes) Essay, entitled “What Is an Accident?”
Here I attempt to decode the most frequently proferred excuse in and out of law. Surprisingly, as central as accidents are to questions of responsibility, their criteria have received almost no attention at all. From what I can tell, mine is the first sustained attempt to identify the grammar of accidents, an endeavor that follows up on similar efforts to do the same with the excuse of mistake in my book J.L. Austin and the Law: Exculpation and the Explication of Responsibility …
Constructing Autonomy: A Kantian Framework, Bailey H. Kuklin
Constructing Autonomy: A Kantian Framework, Bailey H. Kuklin
Bailey H. Kuklin
No abstract provided.
Tort Law: The American And Louisiana Perspectives, William Corbett, Frank Maraist, John Church
Tort Law: The American And Louisiana Perspectives, William Corbett, Frank Maraist, John Church
William R. Corbett
Tort Law: The American and Louisiana Perspectives, Second Edition has as its primary objective a study of tort law in the United States and Louisiana. It differs from most other torts casebooks, however, in that it has a secondary objective of providing an exercise in comparative law. In the United States, we often overlook the fact that the common law system that prevails in our nation is not the only legal system in the world. Much of the world applies a civil law approach in which a civil code has a more prominent role than case law. In a world …
The Fundamental Nature Of Title Vii, Maria Ontiveros
The Fundamental Nature Of Title Vii, Maria Ontiveros
Maria L. Ontiveros
This article explores the fundamental nature of Title VII and argues that Title VII is a statute designed to protect the right to own and use one's own labor free from discrimination in order to provide meaningful economic opportunity and participation. This conclusion is based upon three different types of analysis: the elements approach; the super statute approach and the human rights approach. The "elements approach" places Title VII in context and argues that it cannot be interpreted in isolation because it is only one element of the Civil Rights Act of 1964. The "super statute approach" argues that Title …
The Optimal Resolution Of Intra-Policy Um/Uim Stacking, Christopher Robinette, Jessica Smeriglio
The Optimal Resolution Of Intra-Policy Um/Uim Stacking, Christopher Robinette, Jessica Smeriglio
Christopher J Robinette
Apportioning Liability In Maryland Tort Cases: Time To End Contributory Negligence And Joint And Several Liability, Christopher Robinette
Apportioning Liability In Maryland Tort Cases: Time To End Contributory Negligence And Joint And Several Liability, Christopher Robinette
Christopher J Robinette
Lapses Of Attention In Medical Malpractice And Road Accidents, Robert D. Cooter, Ariel Porat
Lapses Of Attention In Medical Malpractice And Road Accidents, Robert D. Cooter, Ariel Porat
Robert Cooter
A doctor who lapses and injures her patient, and a driver who lapses and causes an accident, are liable under negligence law for the harm done. But lapse is not necessarily negligence, since reasonable people lapse from time to time. We show that tort liability for “reasonable” lapses distorts doctors’, drivers’, and manufacturers’ incentives to take care. Furthermore, such liability provides potential injurers with incentives to substitute activities which are less prone to lapses with activities which are more prone to lapses, even if such substitution is inefficient. We propose several solutions to the inefficiencies that result from liability for …
Introduction, Part Ii, Perspectives In Mass Tort Litigation Symposium, Christopher J. Robinette
Introduction, Part Ii, Perspectives In Mass Tort Litigation Symposium, Christopher J. Robinette
Christopher J Robinette