Who Sells? Testing Amazon.Com For Product Defect Liability In Pennsylvania And Beyond,
2020
Brooklyn Law School
Who Sells? Testing Amazon.Com For Product Defect Liability In Pennsylvania And Beyond, Aaron Doyer
Journal of Law and Policy
Pennsylvania, like other states, has struggled over the past few decades to apply the policy principles of product defect law—a tort characterized by strict liability. Because strict liability bypasses the traditional requirement in tort that a plaintiff prove the defendant’s negligence, and instead requires only a showing that the plaintiff was injured by a product sold in a defective condition, these inquiries raise a deceptively simple question: who sells? Recently, in a landmark case in Pennsylvania, the Third Circuit made waves by declaring Amazon.com, an enormous online marketplace, the legal “seller” of a product shipped and sold by a vendor …
Calculating Compensation Sums For Private Law Wrongs: Underlying Imprecisions, Necessary Questions, And Toward A Plausible Account Of Damages For Lost Years Of Life,
2020
NYU School of Law
Calculating Compensation Sums For Private Law Wrongs: Underlying Imprecisions, Necessary Questions, And Toward A Plausible Account Of Damages For Lost Years Of Life, Michael Pressman
University of Michigan Journal of Law Reform
The ubiquitous corrective-justice goals of “making a party whole” or “returning a party to the position she was in” are typically understood in monetary terms, and in this context, it is fairly clear what these terms mean. If, as this Article argues, these corrective-justice goals should instead be understood in terms of something that has intrinsic value, such as happiness, various imprecisions come to the fore. This Article identifies and explores these imprecisions and, in so doing, articulates a novel framework that can be used for understanding and systematizing our approach to private law remedies. This is the Article’s first …
Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill,
2020
St. Mary's University
Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Not Your Average Summer Camp: Children In Immigration Detention,
2020
St. Mary's University School of Law
Not Your Average Summer Camp: Children In Immigration Detention, Cindy Izquierdo
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
America’S Second-Class Children: An Examination Of President Trump’S Immigration Policies On Migrant Children And Inquiry On Justice Through The Catholic Perspective,
2020
St. Mary's University
America’S Second-Class Children: An Examination Of President Trump’S Immigration Policies On Migrant Children And Inquiry On Justice Through The Catholic Perspective, Gabriel Sáenz
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
A Textuary Ray Of Hope For Lgbtq+ Workers: Does Title Vii Mean What It Says?,
2020
U.S. Equal Employment Opportunity Commission
A Textuary Ray Of Hope For Lgbtq+ Workers: Does Title Vii Mean What It Says?, Eduardo Juarez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Competition Wrongs,
2020
University of Michigan
Competition Wrongs, Nicolas Cornell
Articles
In both philosophical and legal circles, it is typically assumed that wrongs depend upon having one’s rights violated. But within any market-based economy, market participants may be wronged by the conduct of other actors in the marketplace. Due to my illicit business tactics, you may lose profits, customers, employees, reputation, access to capital, or any number of other sources of value. This Article argues that such competition wrongs are an example of wrongs that arise without an underlying right, contrary to the typical philosophical and legal assumption. The Article thus draws upon various forms of business law to illustrate what …
What Recourse Do Vulnerable Immigrants Have?: Violations Of The Vawa Confidentiality Provisions And The Pursuit Of An Even Playing Field,
2020
Executive Office for Immigration Review
What Recourse Do Vulnerable Immigrants Have?: Violations Of The Vawa Confidentiality Provisions And The Pursuit Of An Even Playing Field, Trevor S. Gallaway
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Divided States Of America: Why The Right To Counsel Is Imperative For Migrant Children In Removal Proceedings,
2020
St. Mary's University School of Law
Divided States Of America: Why The Right To Counsel Is Imperative For Migrant Children In Removal Proceedings, Catrina L. Guerrero
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court,
2020
Bexar County Court at Law #13
Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court, Judge Rosie Speedlin Gonzalez, Dr. Stacy Speedlin Gonzalez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Analyses Of Prosecutorial Power And Discretion In Mississippi: Evaluating Proposals To Address Misconduct And Abuse,
2020
University of Mississippi
Analyses Of Prosecutorial Power And Discretion In Mississippi: Evaluating Proposals To Address Misconduct And Abuse, Lucy Pruitt
Honors Theses
This thesis seeks to create a policy proposal in order to address incidences of prosecutorial misconduct and abuse of discretion in the Mississippi criminal justice system. To do so, the author has summarized and analyzed seven criminal cases in which defendants have become victims of prosecutorial misconduct in order to shed light on the lack of prosecutorial accountability in the state’s criminal justice system. In an attempt to solve the problem, the author has developed a novel grading rubric in order to objectively and systematically analyze and evaluate previously proposed policy recommendations by legal experts and justice organizations. The successes …
Ebay, Permanent Injunctions, And Trade Secrets,
2020
University of Florida Levin College of Law
Ebay, Permanent Injunctions, And Trade Secrets, Elizabeth A. Rowe
Washington and Lee Law Review
This Article presents the first qualitative empirical review of permanent injunctions in trade secret cases. In addition, it explores the extent to which the Supreme Court’s patent decision in eBay v. MercExchange has influenced the analysis of equitable principles in federal trade secret litigation. Among the more notable findings are that while equitable principles are generally applied in determining whether to grant a permanent injunction to a prevailing party after trial, the courts are not necessarily strictly applying the four factors from eBay. The award of monetary relief does not preclude equitable injunctive relief, and courts can find irreparable harm …
Fmc Corp. V. Shoshone-Bannock Tribes,
2020
Alexander Blewett III School of Law at the University of Montana
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Public Land & Resources Law Review
In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …
The Blind Leading The Deaf: An Investigation Of The Inconsistent Accommodations The Justice System Provides To People Who Are Deaf,
2020
William & Mary Law School
The Blind Leading The Deaf: An Investigation Of The Inconsistent Accommodations The Justice System Provides To People Who Are Deaf, Elizabeth Pindilli
William & Mary Journal of Race, Gender, and Social Justice
Historically, and to this day, people with disabilities have not been considered capable of determining their own needs. Instead, the general population has taken it upon themselves to dictate what accommodations they shall receive. This becomes particularly problematic for the deaf community when interacting with the criminal justice system, where a lack of communication is synonymous with a lack of justice. In this situation, the state should defer to the individual’s understanding of their needs, or carry the burden of proving that another accommodation is equally effective.
The Revolving Door Of Recidivism,
2020
Southeastern University - Lakeland
The Revolving Door Of Recidivism, Laura E. Bull
Classical Conversations
With the rise in the use of prisons, recidivism also grew. Recidivism, in the broadest sense, is the act of a past offender coming back into contact with the justice system. Prisons have been used as far back as the fourth century, but over time their purpose has changed. Today in the United States, the main purpose of prisons is rehabilitation. The most recent law, the First Steps Act, reflects the desire to reduce the trend of recidivism. Many programs have been used as a method of reducing recidivism. Recidivism is a cycle of pain, creating jaded prisoners and placing …
The Lasting Impacts Of Mass Consumerism And The Disposable Culture: A Proposition For The Development Of Plastic Shopping Bag Bans In Texas Law,
2020
Brewster Law Firm
The Lasting Impacts Of Mass Consumerism And The Disposable Culture: A Proposition For The Development Of Plastic Shopping Bag Bans In Texas Law, David Brewster
St. Mary's Law Journal
This Article addresses the developing state of plastic bag bans in Texas municipal and state jurisprudence. The Article recites the history of plastic bag bans and their impacts on the environment, the issues pertinent to municipal powers as regulatory devices, and analyzes the most recent case regarding bag bans in Texas, which is the Texas Supreme Court’s opinion in City of Laredo v. Laredo Merchants Association. The Article makes suggestions about how to move forward in developing municipal plastic bag bans for the benefit of the environment, and addresses the immediate impacts of bag ban litigation and legislation in …
Reflections On The Effects Of Federalism On Opioid Policy,
2020
Emory University School of Law
Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence
Dickinson Law Review (2017-Present)
No abstract provided.
The Opioid Litigation: The Fda Is Mia,
2020
NYU School of Law
The Opioid Litigation: The Fda Is Mia, Catherine M. Sharkey
Dickinson Law Review (2017-Present)
It is readily agreed that federal preemption of state tort law alters the balance between federal and state power. Federal preemption is a high-profile defense in almost all modern products liability cases. It is thus surprising to see how little attention has been given to federal preemption by courts and commentators in the opioid litigation. Opioid litigation provides a lens through which I explore the role of state and federal courts and the Food and Drug Administration (FDA) in striking the right balance of power. My purpose here is not to resolve the divide among the few courts that have …
The Drive To Advise: A Study Of Law Students At A Pro Bono Brief Advice Project,
2020
S.J. Quinney College of Law, University of Utah
The Drive To Advise: A Study Of Law Students At A Pro Bono Brief Advice Project, Linda F. Smith
St. Mary's Law Journal
Abstract forthcoming.
Recognizing The Need For Mental Health Reform In The Texas Department Of Criminal Justice,
2020
St. Mary's University School of Law
Recognizing The Need For Mental Health Reform In The Texas Department Of Criminal Justice, Kara Mchorse
St. Mary's Law Journal
The ways in which mental health care and the criminal justice system interact are in desperate need of reform in Texas. The rate of mental illness in Texas is higher than the current state of mental health care can provide for. While state hospitals were once the primary care facilities of those with mental illness, the Texas Department of Criminal Justice (TDCJ) has taken on that role in the last few decades; and when the criminal justice system becomes entangled with mental health care, it often leads to “unmitigated disaster.” If Texas continues to allow the TDCJ to act as …
