Potential Liability For Physicians Using Artificial Intelligence,
2019
University of Michigan Law School
Potential Liability For Physicians Using Artificial Intelligence, W. Nicholson Price Ii, Sara Gerke, I Glenn Cohen
Articles
Artificial intelligence (AI) is quickly making inroads into medical practice, especially in forms that rely on machine learning, with a mix of hope and hype. Multiple AI-based products have now been approved or cleared by the US Food and Drug Administration (FDA), and health systems and hospitals are increasingly deploying AI-based systems. For example, medical AI can support clinical decisions, such as recommending drugs or dosages or interpreting radiological images.2 One key difference from most traditional clinical decision support software is that some medical AI may communicate results or recommendations to the care team without being able to communicate the …
The Sperminator As A Public Nuisance: Redressing Wrongful Birth And Life Claims In New Ways (A.K.A. New Tricks For Old Torts),
2019
University of Arkansas Little Rock
The Sperminator As A Public Nuisance: Redressing Wrongful Birth And Life Claims In New Ways (A.K.A. New Tricks For Old Torts), Barbara Pfeffer Billauer
University of Arkansas at Little Rock Law Review
No abstract provided.
The Internet Of Bodies,
2019
William & Mary Law School
The Internet Of Bodies, Andrea M. Matwyshyn
William & Mary Law Review
This Article introduces the ongoing progression of the Internet of Things (IoT) into the Internet of Bodies (IoB)—a network of human bodies whose integrity and functionality rely at least in part on the Internet and related technologies, such as artificial intelligence. IoB devices will evidence the same categories of legacy security flaws that have plagued IoT devices. However, unlike most IoT, IoB technologies will directly, physically harm human bodies—a set of harms courts, legislators, and regulators will deem worthy of legal redress. As such, IoB will herald the arrival of (some forms of) corporate software liability and a new legal …
Climate Change And Dam Owner Liability In Rhode Island,
2019
Senior Staff Attorney, Marine Affairs Institute, Roger Williams University School of Law
Climate Change And Dam Owner Liability In Rhode Island, Read Porter, James Philopena Jr., Cory Lee
Sea Grant Law Fellow Publications
Increasing precipitation associated with climate change is affecting dam operation and hazards in Rhode Island. Flooding caused by increased precipitation or extreme weather events can cause dam failure or upstream or downstream flooding, resulting in loss of life and property. These losses can result in liability, which may vary based on the dam owner and its purpose. This study assists dam owners and the public in understanding the potential liabilities that may arise as a result of flooding from extreme weather events. Section one provides a background of dam hazards in Rhode Island in the context of climate change. Section …
Brief Of Amici Curiae Employment Law Professors In Support Of Respondents,
2019
University of Cincinnati College of Law
Brief Of Amici Curiae Employment Law Professors In Support Of Respondents, Sandra F. Sperino
Faculty Articles and Other Publications
This Court should not interpret section 1981 to require proof of but-for causation, given that statute’s text, history, and purpose. Although Comcast invokes the canon of statutory construction that Congress intends statutory terms to have their settled common-law meaning, that canon does not apply here. Section 1981 has no statutory text that reflects a common-law understanding of causation. Indeed, in 1866, when Congress enacted the predecessor to section 1981, there was no well-settled common law of tort at all. Rather, just as courts have read 42 U.S.C. § 1982, which shares common text, history and purpose, this Court should read …
Table Of Contents,
2019
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The Modification Of Washington's Nondelegable Duty Doctrine In A Post-Afoa Ii State,
2019
Seattle University School of Law
The Modification Of Washington's Nondelegable Duty Doctrine In A Post-Afoa Ii State, Caroline Aubry Golshan
Seattle University Law Review
Under the nondelegable duty doctrine, a person or entity who has a duty to provide specified safeguards or precautions for the safety of others and who maintains a right of control over workplace safety is subject to liability for harm caused by the failure of a sub-contractor to provide such safeguards or precautions. This doctrine is based on the policy that the party with the greatest power over work conditions is in the best position to implement safety measures across a complex and layered worksite. This doctrine has existed in Washington State for decades until the recent Washington Supreme Court …
Suing Guns Out Of Existence?,
2019
Bentley University
Suing Guns Out Of Existence?, Scott R. Thomas, Mystica M. Alexander
Washington and Lee Law Review Online
In an effort to address gun violence, activists and victims’ families have filed lawsuits against the firearms industry seeking damage awards for violence committed by third party unrelated actors. Although Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005 intending to foreclose such lawsuits, since the time of the law’s passage, plaintiffs have brought claims against the firearms industry seeking refuge in an exception embedded in the statute. In a March, 2019 decision, Soto v. Bushmaster Firearms International, LLC, the Connecticut Supreme Court found that the Connecticut Unfair Trade Practices Act fell within an exception …
First Transit V. Chernikoff, 135 Nev. Adv. Op. 32 (Aug. 1, 2019),
2019
University of Nevada, Las Vegas -- William S. Boyd School of Law
First Transit V. Chernikoff, 135 Nev. Adv. Op. 32 (Aug. 1, 2019), Michael Holthus
Nevada Supreme Court Summaries
The Court clarified that (1) the heightened duty of care by common carriers only applies to transportation-related risks, and (2) when a common carrier is aware of a passenger’s disability, reasonable care includes providing safe transport that the circumstances reasonably require based on the disability.
Perverting Incentives When The Priceless Is Not Compensable: Victims’ Subjective Value In Negligence,
2019
Gornitzky & Co.
Perverting Incentives When The Priceless Is Not Compensable: Victims’ Subjective Value In Negligence, Yehonatan Shiman
West Virginia Law Review
No abstract provided.
Exposed: The Pitfalls In Nevada’S Nonconsensual Pornography Statute And A Proposal For More Protection,
2019
University of Nevada, Las Vegas -- William S. Boyd School of Law
Exposed: The Pitfalls In Nevada’S Nonconsensual Pornography Statute And A Proposal For More Protection, Camilla Dudley
Nevada Law Journal
No abstract provided.
Perpetuating Injustice: Analyzing The Maryland Court Of Appeals’S Refusal To Change The Common Law Doctrine Of Contributory Negligence,
2019
University of Maryland Francis King Carey School of Law
Perpetuating Injustice: Analyzing The Maryland Court Of Appeals’S Refusal To Change The Common Law Doctrine Of Contributory Negligence, Andrew White
Maryland Law Review
No abstract provided.
An Appreciation,
2019
Benjamin N. Cardozo School of Law
An Appreciation, Monroe Price
Cardozo Law Review
When I came to Cardozo in 1982, now many years ago and shortly after its founding, the question was who, as a leading voice of a vigorous and contentious faculty, could be the wise and understanding guide for a relatively young and somewhat impetuous dean, someone who would be willing to sacrifice his or her own scholarship for a bit to help navigate a significant transition and work to add to Cardozo's incipient distinctions. I fortunately turned to Arthur to be Associate Dean and ambassador to the faculty, an ambassador to many places. He could deploy his experience and instinct …
Attorney-Client Privilege: Expanding The Crime-Fraud Exception To Intentional Torts,
2019
Buffalo Law Review
Attorney-Client Privilege: Expanding The Crime-Fraud Exception To Intentional Torts, Stacy Kochanowski
Buffalo Law Review
No abstract provided.
Introductory Remarks From The Festschrift Organizer,
2019
Benjamin N. Cardozo School of Law
Introductory Remarks From The Festschrift Organizer, Richard Weisberg
Cardozo Law Review
On October 11, 2018, a group of scholars from around the world gathered at Cardozo to celebrate the writings of Professor Arthur Jacobson. A fair sampling of their remarks in his honor follows in this special number of the Cardozo Law Review. Thanks for the event itself and the proceedings of the 11 th of October are due Dean Melanie Leslie, Josephine Tirado, Michael Pantazakos, my research assistants Catherine Weiss and Scott Christopher, and the editors of the Law Review.
Mind Your Businesses: Why Georgia Companies Should Worry About European Privacy Law,
2019
University of Georgia School of Law
Mind Your Businesses: Why Georgia Companies Should Worry About European Privacy Law, Emily E. Seaton
Georgia Journal of International & Comparative Law
No abstract provided.
Rescuing Maryland Tort Law: A Tribute To Judge Sally Adkins,
2019
University of Maryland School of Law
Rescuing Maryland Tort Law: A Tribute To Judge Sally Adkins, Donald G. Gifford
Maryland Law Review
No abstract provided.
Ordinary Causation: A Study In Experimental Statutory Interpretation,
2019
Brooklyn Law School
Ordinary Causation: A Study In Experimental Statutory Interpretation, James Macleod
Faculty Scholarship
No abstract provided.
A Corporate Duty To Rescue: Biopharmaceutical Companies And Access To Medications,
2019
Stanford Center for Law and the Biosciences
A Corporate Duty To Rescue: Biopharmaceutical Companies And Access To Medications, Rebecca E. Wolitz
Indiana Law Journal
Controversies regarding the pricing of biopharmaceutical products are pervasive. Patients must choose between treatment and rent, prescriptions go unfilled, and health systems are forced to restrict access to life-saving medications— all because of cost. Though there is often consensus that these issues are problematic, there is disagreement as to what are appropriate solutions and who has responsibility to bring about those solutions. Most efforts to address biopharmaceutical pricing concerns focus on governmental regulation. This Article has a different focus. It provides a legal and normative analysis of a form of corporate self-regulation that could help address access and pricing concerns—a …
Money That Costs Too Much: Regulating Financial Incentives,
2019
Columbia Law School
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Indiana Law Journal
Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous; …
