Internet Filtering: The Ineffectiveness Of Wto Remedies And The Availability Of Alternative Tort Remedies, 28 J. Marshall J. Computer & Info. L. 273 (2010),
2010
UIC School of Law
Internet Filtering: The Ineffectiveness Of Wto Remedies And The Availability Of Alternative Tort Remedies, 28 J. Marshall J. Computer & Info. L. 273 (2010), Kristen A. Knapp
UIC John Marshall Journal of Information Technology & Privacy Law
Empirical studies have shown that government Internet filtering is increasing worldwide. Internet Service Providers have progressively begun to take on filtering responsibility in a quasi-governmental capacity. As filtering has increased, some have begun to question whether Internet filtering might violate WTO commitments under the General Agreement on Trade in Services (“GATS Agreement”). This paper will provide technical background on how Internet filtering is accomplished in practice, and explain the GATS Agreement that was held to govern Internet filtering in the U.S.-Gambling Services decision. This paper will further survey the current range of U.S. filtering actions and detail why tort remedies …
Tort Law Is State Law: Why Courts Should Distinguish State And Federal Law In Negligence-Per-Se Law,
2010
University of Memphis
Tort Law Is State Law: Why Courts Should Distinguish State And Federal Law In Negligence-Per-Se Law, Barbara Kritchevsky
American University Law Review
No abstract provided.
East Going West?: The Promise Of Assured Supply Laws In Modern Real Estate Development, 43 J. Marshall L. Rev. 319 (2010),
2010
UIC School of Law
East Going West?: The Promise Of Assured Supply Laws In Modern Real Estate Development, 43 J. Marshall L. Rev. 319 (2010), Lincoln L. Davies
UIC Law Review
No abstract provided.
The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010),
2010
UIC School of Law
The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010), Chris Williams
UIC Law Review
No abstract provided.
Forgotten Namesake: The Illinois Good Samaritan Act's Inexcusable Failure To Provide Immunity To Non-Medical Rescuers, 43 J. Marshall L. Rev. 1097 (2010),
2010
UIC School of Law
Forgotten Namesake: The Illinois Good Samaritan Act's Inexcusable Failure To Provide Immunity To Non-Medical Rescuers, 43 J. Marshall L. Rev. 1097 (2010), David Weldon
UIC Law Review
No abstract provided.
Taxing Structured Settlements,
2010
University of South Carolina - Columbia
Taxing Structured Settlements, Brant J. Hellwig, Gregg D. Polsky
Faculty Publications
Congress has granted a tax subsidy to physically injured tort plaintiffs who enter into structured settlements. The subsidy allows these plaintiffs to exempt the investment yield imbedded within the structured settlement from federal income taxation. The apparent purpose of the subsidy is to encourage physically injured plaintiffs to invest, rather than presently consume, their litigation recoveries. Although the statutory subsidy by its terms is available only to physically injured tort plaintiffs, a growing structured settlement industry now contends that the same tax benefit of yield exemption is available to plaintiffs' lawyers and nonphysically injured tort plaintiffs under general, common-law tax …
Punitive Damages And Class Actions,
2010
Duke Law School
Punitive Damages And Class Actions, Francis Mcgovern
Faculty Scholarship
The union of punitive damages and class actions can be aptly described with Samuel Johnson’s famous quotation regarding marriage: “The triumph of hope over experience.” By most conventional wisdom, there is little future for plaintiffs or defendants who desire to resolve punitive damages claims globally using the procedural vehicle of a class action. From a conceptual perspective, however, there are circumstances under which the union could function. This Article explores those possibilities, not in the spirit of normative support, but in the spirit of exploring theories that may have some prospective vitality. Notwithstanding the chilly reception that punitive damages class …
How Much Anguish Is Enough - Baby Switching And Negligent Infliction Of Emotional Distress, 13 Depaul J. Health Care L. 255 (2010),
2010
The John Marshall Law School
How Much Anguish Is Enough - Baby Switching And Negligent Infliction Of Emotional Distress, 13 Depaul J. Health Care L. 255 (2010), Marc Ginsberg
UIC Law Open Access Faculty Scholarship
No abstract provided.
Penalizing Punitive Damages: Why The Supreme Court Needs A Lesson In Law And Economics,
2010
University of Washington School of Law
Penalizing Punitive Damages: Why The Supreme Court Needs A Lesson In Law And Economics, Steve P. Calandrillo
Articles
The recent landmark Supreme Court decision addressing punitive damages in the infamous Exxon Valdez oil spill case has brought the issue of punitive awards back into the legal limelight. Modern Supreme Court jurisprudence, most notably BMW of North America, Inc. [517 U.S. 559 (1996)], State Farm [538 U.S. 408 (2003)], Philip Morris [549 U.S. 346 (2007)], and now Exxon Shipping Co. [128 S.Ct. 2605 (2008)] in 2008, has concluded that such judgments are justified to punish morally reprehensible behavior and to send a message to evildoers. The Court, however, has increasingly emphasized that the U.S. Constitution's Due Process Clause presumptively …
Informed Consent: No Longer Just What The Doctor Ordered - The Contributions Of Medical Associations And Courts To A More Patient Friendly Doctrine, 15 Mich. St. U. J. Med. & L. 17 (2010),
2010
The John Marshall Law School
Informed Consent: No Longer Just What The Doctor Ordered - The Contributions Of Medical Associations And Courts To A More Patient Friendly Doctrine, 15 Mich. St. U. J. Med. & L. 17 (2010), Marc Ginsberg
UIC Law Open Access Faculty Scholarship
No abstract provided.
Game Over? Why Recent State Supreme Court Decisions Should End The Attempted Expansion Of Public Nuisance Law,
2010
Shook, Hardy & Bacon, LLP
Game Over? Why Recent State Supreme Court Decisions Should End The Attempted Expansion Of Public Nuisance Law, Victor E. Schwartz, Phil Goldberg, Corey Schaecher
Oklahoma Law Review
No abstract provided.
Loss Of Parental Consortium: Why Kentucky Should Re-Recognize The Claim Outside The Wrongful Death Context,
2010
University of Kentucky College of Law
Loss Of Parental Consortium: Why Kentucky Should Re-Recognize The Claim Outside The Wrongful Death Context, Collin D. Schueler
Law Faculty Scholarly Articles
The term "consortium" has been defined as "[t]he benefits that one person . . . is entitled to receive from another, including companionship, cooperation, affection, aid, [and] financial support." Under Kentucky law, "[e]ither a wife or husband may recover damages against a third person for loss of consortium, resulting from a negligent or wrongful act of such third person.” Furthermore, "[in] a wrongful death action in which the decedent was a minor child, the surviving parent, or parents, may recover for loss of affection and companionship that would have been derived from such child during its minority…” In Giuliani v. …
Pampasan Kepada Mangsa Rogol Di Malaysia Menurut Perspektif Syariah.,
2010
Universiti Malaya
Pampasan Kepada Mangsa Rogol Di Malaysia Menurut Perspektif Syariah., Rozilawati Mat Yacob
Student Works (2010-2019)
The statistic of rape cases in Malaysia is obviously increasing since the year 2000-2006. This phenomenon is becoming more serious over these years particularly with increasing incidents of rape and murder cases. The rape tragedy definitely left the victim with many effects. It is timely to make a research about rape as a brutal crime and also the compensation for victims in Malaysia. The main objective of this research is to suggest a rape compensation system to be practiced in Malaysia, by looking at the principles laid down by Islam as well as by looking to the practices in Western …
Standard Of Care For Students With Disabilities: The Intersection Of Liability Under The Idea And Tort Theories,
2010
Cleveland State University
Standard Of Care For Students With Disabilities: The Intersection Of Liability Under The Idea And Tort Theories, Ralph D. Mawdsley
Law Faculty Articles and Essays
This article explores issues of legal liability for school personnel where students with disabilities are injured in school settings or cause injuries to employees and other students in schools. While questions related to legal liability are varied, they tend to fall within two broad areas: standard of care relating to injuries to or by students; and, standard of care for employees working with students with or training others to work with students with disabilities. In both areas, the legal issue revolves around the concept of heightened standard of care, especially where framed by the language of students' IEPs (Individualized Education …
Teaching Torts: Rivalry As Pedagogy,
2010
Brooklyn Law School
Teaching Torts: Rivalry As Pedagogy, Anita Bernstein
Faculty Scholarship
No abstract provided.
Balancing Judicial Cognizance And Caution: Whether Transnational Corporations Are Liable For Foreign Bribery Under The Alien Tort Statute,
2010
Thomas Goode Jones School of Law, Faulkner University
Balancing Judicial Cognizance And Caution: Whether Transnational Corporations Are Liable For Foreign Bribery Under The Alien Tort Statute, Matt A. Vega
Michigan Journal of International Law
In the process of applying the ATS to foreign bribery, this Article will examine several unresolved issues surrounding this statutory grant. It will seek to (1) determine what constitutes a "violation of the law of nations," (2) refute the proposition that private defendants may be prosecuted under the ATS for only the most shocking and egregious jus cogens violations, (3) determine when and to what extent state action is required in ATS litigation, and (4) examine the limitations of the fundamental principles of international law on ATS litigation.
A Production Theory Of Pure Economic Loss,
2010
University of Florida Levin College of Law
A Production Theory Of Pure Economic Loss, Robert J. Rhee
UF Law Faculty Publications
Although the pure economic loss rule has been remarkably durable in the common law, it suffers from a theoretical deficit. The rule has not been properly framed within the broader context of Anglo-American political economy. Any theory must recognize that the rule fundamentally deals with business risk and economic organization. Two conceptions of risk are important: risk to economic assets essential to the production function (loss of a factor of production), and risk to outcomes (loss of production). This Article proposes a production theory of the pure economic loss rule, which is rooted in the neoclassical economic understanding of the …
Take Two Of These And Sue Me In The Morning: Efficacy Of The Learned Intermediary Doctrine In Prescription Drug Failure To Warn Cases,
2010
Washington Court of Appeals, Division Two
Take Two Of These And Sue Me In The Morning: Efficacy Of The Learned Intermediary Doctrine In Prescription Drug Failure To Warn Cases, Robert J. Friedman
St. Thomas Law Review
Under the Learned Intermediary Doctrine - elaborated below and representing the majority approach to manufacturer liability in prescription drug cases - Rex holds no recourse against the pharmaceutical manufacturer of Drug X. While logic would seem to impose a manufacturer duty to the ultimate user, for purposes of tort liability in prescription drug cases it is the physician, not the patient, deemed to be the consumer. Thus, so long as the manufacturer conveys sufficient warning of possible side effects to the prescribing physician Dr. Pharm alone, a learned intermediary, the pharmaceutical manufacturer is absolved from any liability to Rex - …
What Are The Policy Implications Of Use Of Epidemiological Evidence In Mass Torts And Public Health Litigation,
2010
St. Thomas University College of Law
What Are The Policy Implications Of Use Of Epidemiological Evidence In Mass Torts And Public Health Litigation, Christopher Ogolla
St. Thomas Law Review
The distinctions between the standards of proof employed in epidemiology and in law inform the central thesis of this paper. This analysis began by describing the role of epidemiology in mass torts and public health litigation. It later argues that because mass torts cover such a wide area, there are several problems related to epidemiology in litigation, particularly scientific uncertainty and inconsistent factual claims. Part II discusses recent cases where epidemiological evidence was raised and debated, distinguishing between vaccine-related and non-vaccine-related cases. Courts have differentiated vaccine-related cases from non-vaccine-related cases, principally because Congress enacted a vaccine act designed to compensate …
Class Dismissed: Contemporary Judicial Hostility To Small-Claims Consumer Class Actions,
2010
Benjamin N. Cardozo School of Law
Class Dismissed: Contemporary Judicial Hostility To Small-Claims Consumer Class Actions, Myriam E. Gilles
Articles
I start from the view that small-value consumer claims are a primary reason that class actions exist, and that without class actions many - if not most - of the wrongs perpetrated upon small-claims consumers would not be capable of redress. It would then seem to follow that the class action device should be readily available in small-claims consumer cases. And yet, over the past decade, federal district courts have repeatedly declined to certify class actions on grounds that are specific to small-claims consumer cases. Foremost among those grounds is the notion that the federal class action rule carries within …
