A New Experiment On Rational Behavior,
2011
Claremont McKenna College
A New Experiment On Rational Behavior, Myles R. Macdonald
CMC Senior Theses
Behavioral economics is widely recognized as a rising field in economics, one whose discoveries and implications are not yet completed or understood. At the same time, economic theory plays an enormous role in our governmental and legal system. In particular, the Coase Theorem and its implications have affected nearly every area in the field of law and economics. This paper proposes a experimental test of Coasean bargaining in situations using two competitive players whose payoffs depend on minimizing their costs of mitigating the externality. A rational player’s action can be predicted ahead of time, and the rationality of the game’s …
Oklahoma Landlords Beware: Miller V. David Grace, Inc. Abandons Caveat Emptor In Residential Leases,
2011
University of Oklahoma College of Law
Oklahoma Landlords Beware: Miller V. David Grace, Inc. Abandons Caveat Emptor In Residential Leases, Jamie M. Powers
Oklahoma Law Review
No abstract provided.
The Rule Of Law And Enforcement Of Chinese Tort Law,
2011
St. Mary's University School of Law
The Rule Of Law And Enforcement Of Chinese Tort Law, Vincent R. Johnson
Faculty Articles
The majority of the work necessary to advance the Rule of Law in China is yet to be done. This is particularly the case as it relates to deterring accidents and compensating injuries. The Rule of Law is concerned with much more than the substantive terms of legal provisions. As such, China must develop the institutional practices that will bring to fruition the promise of the new Tort Law. In part, this will entail the proper selection, retention, and protection of judges. It will also depend on whether persons have access to the justice system, either through competent counsel or …
Women Behind The Wheel: Gender And Transportation Law, 1860-1930,
2011
University of Michigan Law School
Women Behind The Wheel: Gender And Transportation Law, 1860-1930, Margo Schlanger
Book Chapters
Gender difference is only infrequently mentioned in recent negligence cases. To contemporary (mostly non-essentialist) eyes, gender difference seems to appear only mildly relevant to tort law's area of concern: care and harm to others and self. But in the early days of modern tort law, when gender differences loomed larger in the consciousness of American jurists, and unabashedly so, judicial opinions more frequently grappled with how negligence doctrine ought to take account of female difference. This chapter explores opinions published between approximately 1860 and 1930 that illuminate this issue in cases involving women drivers and passengers of cars and wagons. …
Section 1983 Wrongful Death And Survival Actions In The Seventh Circuit: An Indiana Litigant's Guide To Claims After Russ V. Watts,
2011
Indiana University School of Education
Section 1983 Wrongful Death And Survival Actions In The Seventh Circuit: An Indiana Litigant's Guide To Claims After Russ V. Watts, Michelle R. Gough
Indiana Law Journal
The availability of survival and wrongful death damages in 42 U.S.C. § 1983 cases is an area that involves both changing precedent and unaddressed issues within the Seventh Circuit. In both of the aforementioned types of claims, the cases will necessarily involve the tangled application of both state and federal law, and the Seventh Circuit and other federal courts of appeals have struggled to provide a clear, coherent approach to these issues. Indeed, there is strong disagreement among the circuits. Dean Steven H. Steinglass offered the most comprehensive discussion of the nature of both types of claims under § 1983 …
Minnesota Negligence Law And The Restatement (Third) Of Torts: Liability For Physical And Emotional Harms,
2011
Mitchell Hamline School of Law
Minnesota Negligence Law And The Restatement (Third) Of Torts: Liability For Physical And Emotional Harms, Michael K. Steenson
Faculty Scholarship
The purpose of this article is to provide a foundation for judges and lawyers, primarily in Minnesota, who are seeking to understand how the Third Restatement’s approach to negligence law fits with Minnesota negligence law. The first Part of the article examines the approach of the Third Restatement. Because decisions in other states applying the Third Restatement will be important for courts in Minnesota and elsewhere in deciding whether to apply the Third Restatement, the second Part examines early reports on the Third Restatement in Iowa, Nebraska, Arizona, Wisconsin, Tennessee, and Delaware.
Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance, And The Persistent Problem Of Campus Peer Sexual Violence,
2011
Wayne State University
Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance, And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo
Law Faculty Research Publications
No abstract provided.
Construction Defects: Are They “Occurrences”?,
2011
Penn State Law
Construction Defects: Are They “Occurrences”?, Chris French
Faculty Scholarship
An issue in the area of insurance law that has been litigated frequently in recent years is whether construction defects are “occurrences” under Commercial General Liability (“CGL”) insurance policies. The courts have been divided in deciding the issue and in their approaches to analyzing the issue. This article addresses how the issue should be analyzed and concludes that construction defects are “occurrences”. The relevant rules of insurance policy interpretation dictate that construction defects are “occurrences”. Policy language should be interpreted in such a way as to fulfill the reasonable expectations of the policyholder when the policy is construed as a …
Harry Potter And The Trouble With Tort Theory,
2011
University of Michigan Law School
Harry Potter And The Trouble With Tort Theory, Scott Hershovitz
Articles
Economists argue that tort law promotes an efficient allocation of resources to safety, while philosophers contend that it dispenses corrective justice. Despite the divide, the leading tort theories share something in common: they are grounded in an unduly narrow view of tort. Both economists and philosophers confuse the institution of tort law with the rules that are distinctive of it. They offer theories of tort's substantive rules, but for the most part ignore the procedures by which those rules are implemented. As a consequence, both miss and misconstrue much about tort law. The problem is particularly acute for economists. They …
Independent Newspapers, Inc. V. Brodie: Maryland's Precarious Balance Between Internet Defamation And The Right To Eanonymity,
2011
University of Maryland Francis King Carey School of Law
Independent Newspapers, Inc. V. Brodie: Maryland's Precarious Balance Between Internet Defamation And The Right To Eanonymity, Bryce Donohue
Journal of Business & Technology Law
No abstract provided.
Blowout: The Legal Legacy Of The Deepwater Horizon Catastrophe. Background Document On Natural Resource Damages,
2011
Sea Grant Law Fellow, Roger Williams University School of Law
Blowout: The Legal Legacy Of The Deepwater Horizon Catastrophe. Background Document On Natural Resource Damages, Nicholas Paine
Sea Grant Law Fellow Publications
No abstract provided.
Passing Off And Unfair Competition: Conflict And Convergence In Competition Law,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
Passing Off And Unfair Competition: Conflict And Convergence In Competition Law, Mary Lafrance
Scholarly Works
No abstract provided.
Qualified Immunity Dissonance In The Sixth Circuit: Why We Must Return To Reasonableness,
2011
Cleveland State University
Qualified Immunity Dissonance In The Sixth Circuit: Why We Must Return To Reasonableness, Matt Chiricosta
Cleveland State Law Review
The Sixth Circuit's inconsistent jurisprudence threatens the delicate balance that the defense aims to strike between protecting citizens from having their constitutional rights violated on the one hand and protecting government officials from undue interference with their official duties on the other. This Note critiques the medical emergency-law enforcement response capacity the Sixth Circuit has set forth to help adjudicate qualified immunity claims and suggests improvements the court can make to its qualified immunity jurisprudence.In Part II, I briefly trace the Supreme Court's development of the doctrine and outline the doctrine's policy goals. In Part III, I develop my thesis …
Anand V. Kapoor,
2011
New York Law School Class of 2011
Virginia Should Abolish The Archaic Tort Defense Of Contributory Negligence And Adopt A Comparative Negligence Defense In Its Place,
2011
University of Richmond
Virginia Should Abolish The Archaic Tort Defense Of Contributory Negligence And Adopt A Comparative Negligence Defense In Its Place, Peter N. Swisher
Law Faculty Publications
The purpose of this essay is to argue that the time has now come for Virginia, by judicial or legislative action, to abolish its archaic common law tort defense of contributory negligence and replace it with a comparative negligence defense. Adopting a comparative negligence defense would more equitably and more fairly recognize and apportion damages according to the bedrock underlying tort legal principles of accountability, deterrence, and distribution of loss.
Re-Mapping Privacy Law: How The Google Maps Scandal Requires Tort Law Reform,
2011
University of Richmond
Re-Mapping Privacy Law: How The Google Maps Scandal Requires Tort Law Reform, Lindsey A. Strachan
Richmond Journal of Law & Technology
In the Internet savvy and technology dependent world of today, it is difficult to imagine life without Google Maps. The pioneer web- mapping platform provides users with a number of free services, ranging from simple directions to high-resolution imagery of terrain. The service has revolutionized travel, providing guidance and resources to more than just the directionally challenged. Contributing to this notoriety was Google’s addition of “Street View” to the array of mapping functions in May of 2007. As its name implies, the Street View function allows users to view enhanced, 360-degree snapshots of homes, streets and other public property. According …
Tort Reform And American Political Economy,
2011
Montclair State University
Tort Reform And American Political Economy, Ian J. Drake
Department of Political Science and Law Faculty Scholarship and Creative Works
The expansion of tort liability throughout the last century was a unique period of American legal history. In the field of products liability the expansion was dramatic; so much that it can be considered revolutionary. Also, the reaction to this expansion was so forceful that it thwarted the larger goals of the expansionary movement. This paper will review the purposes of the expansion of tort law in the twentieth century and the purposes and effects of the reaction it spurred at the state level. In short, it is my conclusion that the expansion of products liability after World War II--the …
Please Watch Your Language!: The Chronic Problem Of Assumption Of Risk,
2011
The Catholic University of America, Columbus School of Law
Please Watch Your Language!: The Chronic Problem Of Assumption Of Risk, Dale L. Moore
Catholic University Law Review
No abstract provided.
The Curious Life Of In Loco Parentis At American Universities,
2011
St. John's University School of Law
The Curious Life Of In Loco Parentis At American Universities, Philip Lee
Faculty Publications
In this article I trace the legal history, through court opinions, of in loco parentis (Latin for “in the place of the parent”) as applied to the relationship between American universities and their students. I demonstrate that until the 1960s, the in loco parentis doctrine allowed universities to exercise great discretion in developing the “character” of their students without respect to their students’ constitutional rights. The demise of this doctrine forced courts, and universities themselves, to redefine the relationship of universities with their students in important ways.
Apportioning Responsibility Among Joint Tortfeasors For International Law Violations,
2011
Notre Dame Law School
Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford
Journal Articles
With the new wave of claims against corporations for human rights violations – particularly in the context of aiding and abetting government abuse – there are unusually difficult problems of joint tortfeasor liability. In many circumstances, one tortfeasor – the corporation – is a deep-pocketed defendant, easily subject to suit, but only marginally involved in the unlawful conduct. Another tortfeasor – the sovereign – is a central player in the unlawful conduct, but, with limited exceptions, is immune from suit under the Foreign Sovereign Immunities Act. A third tortfeasor – the low-level security personnel – accused of actually committing the …
