Consortium And Workers’ Compensation: The Demolition Of Consortium,
2020
Louisiana State University Law Center
Consortium And Workers’ Compensation: The Demolition Of Consortium, Michael Green, David M. Layman
Louisiana Law Review
The article discusses issues on spousal consortium claims and workers' compensation in the U.S., including the aspects of compensation for accidental injuries and tort claims.
Doj Blows The Whistle On Professional Whistleblowers: But The Circuits Are Split On Whether Dismissals Will Be Swift,
2020
Villanova University Charles Widger School of Law
Doj Blows The Whistle On Professional Whistleblowers: But The Circuits Are Split On Whether Dismissals Will Be Swift, Jennifer Harchut
Villanova Law Review (1956 - )
No abstract provided.
Respondeat Superior Vicarious Liability For Clergy Sexual Abuse: Four Approaches,
2020
Fordham University
Respondeat Superior Vicarious Liability For Clergy Sexual Abuse: Four Approaches, Patrick Hornbeck
Buffalo Law Review
No abstract provided.
Table Of Contents,
2020
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
"Alexa, Call My Lawyer!" Determining Liability For Unauthorized Purchases Made On Voice-Based Virtual Assistants,
2020
University of Adelaide
"Alexa, Call My Lawyer!" Determining Liability For Unauthorized Purchases Made On Voice-Based Virtual Assistants, Mark Giancaspro
West Virginia Law Review
No abstract provided.
The (Surprisingly) Prevalent Role Of States In An Era Of Federalized Class Actions,
2020
Brigham Young University Law School
The (Surprisingly) Prevalent Role Of States In An Era Of Federalized Class Actions, Linda S. Mullenix
BYU Law Review
In enacting the Class Action Fairness Act of 2005 (CAFA), Congress intended to expand access to the federal courts for interstate class actions by creating minimal diversity and removal jurisdiction. In Section 2 of the Act, “Findings and Purposes,” Congress stated that class action abuses undermined “the concept of diversity jurisdiction as intended by the Framers of the United States Constitution” in that state courts kept cases of national importance out of federal court and sometimes demonstrated bias against out-of-state defendants. Congress stated that a purpose of CAFA was to “restore the intent of the framers of the United States …
Class Actions, Jurisdiction, And Principle In Doctrinal Design,
2020
Brigham Young University Law School
Class Actions, Jurisdiction, And Principle In Doctrinal Design, David Marcus, Will Ostrander
BYU Law Review
No abstract provided.
Forward: State Enforcement In An Interstate World,
2020
Brigham Young University Law School
Forward: State Enforcement In An Interstate World, Margaret H. Lemos
BYU Law Review
“State Enforcement in an Interstate World” is an important topic—fully deserving of all the attention it has received. Past commentators on this topic have generally treated the federal government as a unitary entity. Building on prior work on the subject, this Article explores the polycentric nature of federal regulatory authority and shows how cooperation and rivalry have long been dominant realities of the modern administrative state. The Article discusses how these dynamics complicate analysis of state enforcement in an interstate world and identifies strategies for reducing the frequency and magnitude of the seemingly inevitable conflicts.
The Preemptive Effect Of The Cisg On Tort Claims Under Us Law,
2020
Maurer School of Law - Indiana University
The Preemptive Effect Of The Cisg On Tort Claims Under Us Law, Phutchaya Numngern
Maurer Theses and Dissertations
This thesis emphasizes a core concept of the preemptive effect that uniform law may have on other domestic norms. It exemplifies the situation in which the laws and principles of contracts, particularly the uniform laws and principles formulated for transnational sales, can exclude or limit tort liability. This study does not object to the recognition of concurrency of claims under contract and tort law. On the contrary, it accepts that the contracting party’s right to both contract and tort actions is commonly recognized in many legal systems, especially the common law system. Tort liability could be actionable insofar as the …
Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches,
2020
Rochester Institute of Technology
Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber
Articles
This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that …
Study On The Mechanism Of Compensation Fund System For Shipping Oil Pollution Damage In China And International Oil Pollution Compensation Funds,
2020
World Maritime University
Study On The Mechanism Of Compensation Fund System For Shipping Oil Pollution Damage In China And International Oil Pollution Compensation Funds, Haiyue Shu
Maritime Safety & Environment Management Dissertations (Dalian)
No abstract provided.
Intended Injury: Transferred Intent And Reliance In Climate Change Fraud,
2020
Barry University School of Law
Intended Injury: Transferred Intent And Reliance In Climate Change Fraud, Wes Henricksen
Arkansas Law Review
"For an intended injury the law is astute to discover even very remote causation." - Justice Thurgood Marshall
ExxonMobil, the world's largest oil company, misled the public about climate change for at least two decades. Several states' attorneys general have opened investigations into the potential criminality of the company's conduct. The Securities and Exchange Commission (SEC) has opened its own investigation. Criminal or not, however, ExxonMobil's conduct closely resembles schemes carried out by the tobacco, asbestos, opioid, sugar, and leaded gasoline industries, among others. The scheme is always the same: there is a product that is both profitable and destructive, …
Practical Alternatives To The Rule Of Joint And Several Liability: Regulatory Negligence As A Case Study,
2020
Faculty of Law, Sapir Academic College and Zefat Academic College
Practical Alternatives To The Rule Of Joint And Several Liability: Regulatory Negligence As A Case Study, Boaz Segal
Buffalo Environmental Law Journal
No abstract provided.
Money For Justice: Plaintiffs' Lawyers And Social Justice Tort Litigation,
2020
Stanford Law School
Money For Justice: Plaintiffs' Lawyers And Social Justice Tort Litigation, Gilat J. Bachar
Cardozo Law Review
Tort lawsuits brought in response to social injustice occasionally generate incentives for entrepreneurial plaintiffs' lawyers to get involved in the litigation. What ethical responsibilities do such lawyers navigate in this space? And to what extent are they interested in, and well-positioned to produce, social change? The Article addresses these questions using a previously uncharted case study on civil actions for damages filed by Palestinians against the Israeli government. Through fifty-five in-depth, semi structured interviews with the various types of lawyers involved in the litigation, alongside quantitative analysis of an original dataset of 300 judicial opinions, the Article reveals how fee-for-service …
Claim Preclusion And The Problem Of Fictional Consent,
2020
University of Georgia School of Law
Claim Preclusion And The Problem Of Fictional Consent, Lindsey D. Simon
Cardozo Law Review
No abstract provided.
Airline Deregulation In The Fourth Circuit,
2020
University of Central Florida
Airline Deregulation In The Fourth Circuit, Timothy M. Ravich
South Carolina Law Review
No abstract provided.
Tort Law,
2020
National University of Singapore
Tort Law, Amirthalingam Kumaralingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
This review examines the ten most significant decisions in tort law for 2020. It was an interesting year for the range of significant decisions in tort law handed down by the courts on matters including limitation period, medical negligence, the scope of duty in negligence, breach of confidence, conspiracy, and defamation.
Reconsidering Wrongful Birth,
2020
History of Medicine Program, University of Minnesota, Twin Cities
Reconsidering Wrongful Birth, Luke Isaac Haqq
Notre Dame Law Review Reflection
The tort action for “wrongful birth” has a history dating back at least to the
1960s, when it emerged along with the claims for “wrongful life” and “wrongful
conception.” Since their incipience, this trio of lawsuits has generated an expansive
commentary, reaching into thousands of articles in the legal literature alone. With a
divide among federal circuits on wrongful birth only beginning to gain visibility with
Doherty v. Merck & Co. in 2018 and Zelt v. Xytex Corp. in 2019, the wrongful
birth claim could potentially provide a site for the Supreme Court to revisit national
abortion policy.
The …
The Heavy Hand Of Amazon: A Seller Not A Neutral Platform,
2020
Brooklyn Law School
The Heavy Hand Of Amazon: A Seller Not A Neutral Platform, Edward J. Janger, Aaron D. Twerski
Brooklyn Journal of Corporate, Financial & Commercial Law
Since the adoption of Section 402A of the Second Restatement of Torts, every party in a product’s distribution chain has been potentially liable for injuries caused by product defects. Consumers who buy from reputable sellers are almost always guaranteed to have a solvent defendant if injured by a product defect. Amazon, though responsible for a vast number of retail sales, has sought to avoid liability by claiming that it is not a seller but a neutral platform that merely facilitates third-party sales to consumers. With two significant exceptions, most courts have sided with Amazon and concluded that Amazon is not …
Mass Torts: Dispute Resolution In France And The United States--The Vioxx And Mediator Cases Compared,
2020
American University of Paris
Mass Torts: Dispute Resolution In France And The United States--The Vioxx And Mediator Cases Compared, Fred Einbinder Mr.
Washington International Law Journal
Dispute resolution in legal systems has largely been designed for handling issues between small groups of individuals or organizations. Obtaining legal redress for those injured by mass torts and using the law as a means to prevent future occurrences has presented challenges for the development of effective dispute resolution mechanisms to obtain relief for plaintiffs and deter future tortfeasors. A comparison of French and American mass tort law and practice offers a fertile field for useful comparative study given the significant differences in approach taken by each country’s legal system. These differences derive as much from history, politics, the attitudes …
