Torts Commons^™

Designing Children: Tort Liability For Medical Providers In The Era Of Crispr/Cas-9 Geneticc Editing, Sarah Roa

Mitchell Hamline Law Review

No abstract provided.

Torts: Sacrificing Individual Recovery For Media Protection—Larson V. Gannett Co., 940 N.W.2d 120 (Minn. 2020), Rachel Lantz

Mitchell Hamline Law Review

No abstract provided.

A Malpractice-Based Duty To Disclose The Risk Of Stillbirth: A Response To Lens, Nadia N. Sawicki

Faculty Publications & Other Works

In Medical Paternalism, Stillbirth, & Blindsided Mothers, Lens argues that physicians who fail to disclose the risk of stillbirth to pregnant patients should be liable under the doctrine of informed consent. In this Response, I suggest that courts might be hesitant to expand informed consent in the way Lens proposes. Instead, I offer an alternative avenue for imposing liability, via traditional theories of medical malpractice.

Medical Device Artificial Intelligence: The New Tort Frontier, Charlotte A. Tschider

Faculty Publications & Other Works

The medical device industry and new technology start-ups have dramatically increased investment in artificial intelligence (AI) applications, including diagnostic tools and AI-enabled devices. These technologies have been positioned to reduce climbing health costs while simultaneously improving health outcomes. Technologies like AI-enabled surgical robots, AI-enabled insulin pumps, and cancer detection applications hold tremendous promise, yet without appropriate oversight, they will likely pose major safety issues. While preventative safety measures may reduce risk to patients using these technologies, effective regulatory-tort regimes also permit recovery when preventative solutions are insufficient.

The Food and Drug Administration (FDA), the administrative agency responsible for overseeing the …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Invisible Ban: Negligent Disparate Impact, Kenneth R. Davis

American University Law Review

Title VII provides two primary anti-discrimination theories: disparate treatment and disparate impact. Disparate-treatment law prohibits intentional employment discrimination against a member of a protected class. Disparate impact law imposes strict liability on employers for using facially neutral employment practices that have a disproportionately adverse effect on a protected class.

This Article proposes following the structure of tort law as a template for the law of employment discrimination. A comparison of Title VII to tort law reveals that an analogy to negligent torts is absent from Title VII. The very language of Title VII provides the means to rectify this deficiency …

What's In Your Box? Removing The Tiffany Standard Of Knowledge In Online Marketplaces, Hayley Dunn

Catholic University Journal of Law and Technology

Online shopping is a quintessential component of modern life. Millions of products from trusted brands are conveniently available at single-stop online marketplaces such as Amazon, eBay, and Alibaba with the click of a button from the comfort of home. But is the product delivered to the consumer’s front door actually the same as the one found on a store shelf? Pervasive trademark infringement in online marketplaces makes the answer to this question difficult, that is, until the consumer experiences negative consequences from a counterfeited product.

Under Tiffany (NJ) Inc. v. eBay, Inc., online marketplaces face almost no liability …

Frazier V. Liberty Mutual Insurance Co., 229 A.3d 56 (R.I. 2020), Madison C. Picard

Roger Williams University Law Review

No abstract provided.

Mdl Drano: Rule 23-Based Solutions To Mass Tort Buildup, Myriam E. Gilles, Gary Friedman

Articles

It has been taken as gospel, over the past quarter century, that class action procedures are unavailable in mass tort cases. This Article examines two distinct challenges to that assumption-one resting on Rule 23(c)(4)'s issue class procedure and the other on an innovation advanced by Francis McGovern, in whose honor this Article and symposium are dedicated.

Counterterrorism 2.0, Deborah Pearlstein

Articles

Are there any lessons to be gleaned for combatting the rising threat of white nationalist terrorism today from the U.S. response to the attacks of 9/11 twenty years on? This symposium reflection suggests that among the most important lessons may be in avoiding the conceptually defining characteristics of the early U.S. response in 2001. Detainee torture and abuse, the embrace of trial by newly formed military commission, and other misguided policies and practices whose effects are still felt today were set in motion in the first few weeks after the attacks, driven by the instinct to do something, bolstered by …

New Federalism And Civil Rights Enforcement, Alexander A. Reinert, Joanna C. Schwartz, James E. Pfander

Articles

Calls for change to the infrastructure of civil rights enforcement have grown more insistent in the past several years, attracting support from a wide range of advocates, scholars, and federal, state, and local officials. Much of the attention has focused on federal-level reforms, including proposals to overrule Supreme Court doctrines that stop many civil rights lawsuits in their tracks. But state and local officials share responsibility for the enforcement of civil rights and have underappreciated powers to adopt reforms of their own. This Article evaluates a range of state and local interventions, including the adoption of state law causes of …

Choice Of Law And The Preponderantly Multistate Rule: The Example Of Successor Corporation Products Liability, Diana Sclar

Dickinson Law Review (2017-Present)

Most state rules of substantive law, whether legislative or judicial, ordinarily adjust rights and obligations among local parties with respect to local events. Conventional choice of law methodologies for adjudicating disputes with multistate connections all start from an explicit or implicit assumption of a choice between such locally oriented substantive rules. This article reveals, for the first time, that some state rules of substantive law ordinarily adjust rights and obligations with respect to parties and events connected to more than one state and only occasionally apply to wholly local matters. For these rules I use the term “nominally domestic rules …

Banksy: Artist, Prankster, Or Both?, Anna Tichy

NYLS Law Review

No abstract provided.

The New "Web-Stream" Of Commerce: Amazon And The Necessity Of Strict Products Liability For Online Marketplaces, Margaret E. Dillaway

Vanderbilt Law Review

Technology company Amazon has actively transformed into an e-commerce giant over the last two decades. Once a simple online bookstore, Amazon now boasts an ever-expanding identity as global cloud computing provider, major player in artificial intelligence, brick-and-mortar grocery store, and producer of original video content. At its roots, the company remains focused on e-commerce—its multibillion-dollar online marketplace hosts a massive digital space for commerce worldwide where customers can order “anything, with a capital A.”

Amazon derives many of its sales from third-party vendors who list products on the company’s website, Amazon.com. In this broadening chain of distribution for online retail, …

Heroes Among Us: Good Samaritan Laws And Paddlers Turned Swiftwater Rescuers, Jennifer Jolly-Ryan

University of San Francisco Law Review

No abstract provided.

Spandeck: A Relational View Of The Duty Of Care, Kian Peng Soh

Research Collection Yong Pung How School Of Law

The use of a general framework in the determination of a duty of care has seemingly fallen out of favour following the UK Supreme Court’s decision in Robinson. Relying on the example of the Spandeck framework in Singaporean jurisprudence, this piece presents the argument that such frameworks, being consistent with a relational conception of tort law, can provide a useful means of determining whether a duty of care exists. In so doing, this piece addresses some criticisms of the relational view and re-emphasises the important role the duty of care plays in the tort of negligence.

Towards A Control-Centric Account Of Tort Liability For Automated Vehicles, Jerrold Tsin Howe Soh

Research Collection Yong Pung How School Of Law

Existing motor vehicle accident laws are generally described as ‘driver-centric’, since regulatory, liability, and insurance obligations revolve around drivers. This is sometimes taken to imply that they cannot apply to automated vehicles. This article seeks to re-centre the liability discussion around the tortious doctrine of control. It argues centrally that properly understanding legal control as influence over metaphysical risks, rather than physical objects, clarifies that automated vehicles are both legally controllable in theory, despite having no human drivers, and legally controlled in practice, despite their reliance on machine learning. Examining today’s automated driving technology and businesses, this article demonstrates how …

Foreword, Jennifer Taub

Faculty Scholarship

This Foreword highlights the central points of the Articles in Volume 43, Issue 1 of Western New England Law Review. The Article topics include emotional support animals, distribution rights for small beer brewers, fairness in accident insurance coverage, alternative legal education materials, and custody challenges for parents with abusive partners. Each share the identification of a perceived problem with the legal status quo and presents proposed solutions.

An Estate Plan For Kanye West, Thomas E. Simmons

Cardozo Arts & Entertainment Law Journal

One inventory item in megastar Kanye West's vast portfolio of assets merits a unique sort of care and safeguarding his right ofpublicity. The right ofpublicity is a property interest which represents the commercial value of a celebrity's name, image, and likeness. In some states, including California, the right survives the celebrity's death and is freely alienable and devisable. A protective arrangement, such as a trust, is often pursued to impose postmortem use and transferability restrictions on property that has particular importance to the testator. This Article proposes a noncharitable purpose trust as a means by which Kanye West's right of …

"Gigi, Over Here!": Celebrity Use Of Copyrighted Paparazzi Photographs, Dylan B. Reich

Cardozo Arts & Entertainment Law Journal

The note argues that celebrities should have limited rights to use paparazzi-taken photos of themselves, balancing their rights with those of photographers. It proposes that non-commercial use by celebrities could be permissible under certain legal doctrines.