A Cure From Rome For Montreal’S Illness: Article 5 Of The Rome I Regulation And Filling The Void In The 1999 Montreal Convention’S Regulation Of Carrier’S Liability For Personal Injury,
2018
Faculty of Law, Alexandria University
A Cure From Rome For Montreal’S Illness: Article 5 Of The Rome I Regulation And Filling The Void In The 1999 Montreal Convention’S Regulation Of Carrier’S Liability For Personal Injury, Yehya I. Ibrahim Badr
Journal of Air Law and Commerce
An examination of the 1999 Montreal Convention shows that the drafters did not intend to lay down a comprehensive treaty that would organize a carrier’s liability for personal injury to passengers. They opted to achieve a certain level of uniformity through enacting a set of rules that tackled several key issues such as the grounds for a carrier’s liability, the available defenses, and the limits on the recoverable damages. Consequently, some unaddressed issues created a void in the Montreal Convention and were then left without a clear remedy. In this article, a distinction is made between two types of voids: …
The Impropriety Of Punitive Damages In Mass Torts,
2018
Cornell Law School
The Impropriety Of Punitive Damages In Mass Torts, James A. Henderson Jr.
Georgia Law Review
Punitive damages have been around for centuries in classic
one-on-one tort actions and are here to stay. Mass torts, of
more recent origin, have matured to the point that this article
is comfortable referring to most of them as traditional.
Notwithstanding the legitimacy of both institutions when
employed separately, loud warning signals should sound
when, as with drinking and driving, they are combined.
Potentially destructive mixes of punitive damages and mass
torts have, unfortunately, been prevalent in traditional,fault-
based mass tort actions. The difficulties are mostly
administrative.Although punitive damages are conceptually
compatible with fault-based mass torts, courts administer
punitive awards …
A Single Symbolic Dollar: How Nominal Damages Can Keep Lawsuits Alive,
2018
University of Georgia Law School
A Single Symbolic Dollar: How Nominal Damages Can Keep Lawsuits Alive, Megan E. Cambre
Georgia Law Review
The Eleventh Circuit's August 2017 opinion in
Flanigan's Enterprises v. City of Sandy Springs
deepened a circuit split regarding the role of
nominal damages in the justiciabilityanalysis. The
critical question is whether, in cases involving
constitutional violations, a claim for nominal
damages alone suffices to confer standing or to
defeat mootness when other forms of relief are
unavailable or moot. The Second, Fifth, and Ninth
Circuits have all held that nominal damages alone
are enough, but not without contention from
dissenting judges. The First, Third, Fourth,
Seventh, Eighth, and D.C. Circuitshave considered
the question-but have not conclusively decided its
answer. …
A Hard Pill To Swallow: Symptoms And Prognosis Of The Drug Manufacturer Preemption Defense In 2018,
2018
Touro University Jacob D. Fuchsberg Law Center
A Hard Pill To Swallow: Symptoms And Prognosis Of The Drug Manufacturer Preemption Defense In 2018, Brandon Stephens
Touro Law Review
No abstract provided.
Through The Smoke: Do Current Civil Liability Laws Address The Unique Issues Presented By The Recreational Marijuana Industry?,
2018
Touro University Jacob D. Fuchsberg Law Center
Through The Smoke: Do Current Civil Liability Laws Address The Unique Issues Presented By The Recreational Marijuana Industry?, Thomas Stufano
Touro Law Review
No abstract provided.
The Admissibility Of Sampling Evidence To Prove Individual Damages In Class Actions,
2018
Southern Methodist University, Dedman School of Law
The Admissibility Of Sampling Evidence To Prove Individual Damages In Class Actions, Hillel J. Bavli, John Kenneth Felter
Faculty Journal Articles and Book Chapters
The 2016 Supreme Court decision in Tyson Foods, Inc. v. Bouaphakeo revived the use of “representative” or sampling evidence in class actions. Federal courts are now more receptive to class plaintiffs’ efforts to prove classwide liability and, occasionally, aggregate damages, with sampling evidence. However, federal courts still routinely deny motions for class certification because they find that calculations of class members’ individual damages defeat the predominance prerequisite of Rule 23(b)(3). As a result, meritorious classwide claims founder. In this paper, we combine legal and statistical analyses and propose a novel solution to this dilemma that adheres to the Tysondecision …
Devalued Liberty And Undue Deference: The Tort Of False Imprisonment And The Law Of Solitary Confinement,
2018
Allard School of Law at the University of British Columbia
Devalued Liberty And Undue Deference: The Tort Of False Imprisonment And The Law Of Solitary Confinement, Efrat Arbel
All Faculty Publications
The law and practice of solitary confinement continues to be a source of rights violations in Canadian prisons. The practice, formally known as administrative segregation, isolates prisoners for 23 hours a day in dehumanizing conditions of confinement. In this paper, I examine the extent to which the tort of false imprisonment can compensate prisoners for unlawful or excessive segregation placements. This analysis is new: while some scholars have examined how other branches of tort law can address harms caused by segregation none have examined the application of this tort. I argue that because of its focus on liberty, dignity, and …
Revisionist Municipal Liability,
2018
Case Western Reserve University School of Law
Revisionist Municipal Liability, Avidan Y. Cover
Georgia Law Review
The current constitutional torts system under 42
U.S.C. § 1983 affords little relief to victims of
government wrongdoing. Victims of police brutality
seeking accountability and compensation from local
police departments find their remedies severely limited
because the municipal liability doctrine demands
plaintiffs meet near-impossible standards of proof
relating to policies and causation.
This Article provides a revisionist historical account
of the origin of the Supreme Court's municipal liability
doctrine. Most private claims for damages against
cities or police departments do not implicate the
doctrine's early federalism concerns over protracted
federal judicial interference with local governance.
Meanwhile, the federal government imposes …
Climate Tort Federalism,
2018
University of Houston Law Center
Are Privacy Laws Deficient?,
2018
Boston University School of Law
Are Privacy Laws Deficient?, Woodrow Hartzog
Faculty Scholarship
Privacy law around the world is deficient because it ignores design. Lawmakers have attempted to establish limits on the collection, use, and distribution of personal information. But they have largely overlooked the power of design. They have discounted the role that design plays in facilitating the conduct and harm privacy law is meant to prevent. Design pitches and picks privacy winners and losers, with people as data subjects and surveillance objects often on the losing side.
Engineering Standards In Highway Design Litigation,
2018
Touro Law Center
Engineering Standards In Highway Design Litigation, Michael Lewyn
Scholarly Works
Highway engineers sometimes believe that if they redesign streets to improve pedestrian safety (for example, by introducing traffic calming techniques) they might be successfully sued for negligent design by motorists. This chapter suggests that in such situations, governments are likely to be protected by discretionary function immunity. In addition, the chapter discusses a variety of technical issues.
Devalued Liberty And Undue Deference: The Tort Of False Imprisonment And The Law Of Solitary Confinement,
2018
Allard School of Law at the University of British Columbia
Devalued Liberty And Undue Deference: The Tort Of False Imprisonment And The Law Of Solitary Confinement, Efrat Arbel
All Faculty Publications
Despite numerous calls for reform and restraint, solitary confinement continues to be both misused and overused in Canadian prisons. This paper charts a path through which to address such misuse, but analyzing solitary confinement through the tort of false imprisonment. This analysis is new: while some scholars have examined how other branches of tort law can address harms caused by solitary confinement, none have examined the application of this tort. I argue that the tort of false imprisonment provides segregated prisoners with an effective means through which to seek compensation for individual harm. As an intentional tort that is actionable …
Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning,
2017
Rochester Institute of Technology
Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb
Articles
This article provides context for and examines aspects of the design process of a game for learning. Lost & Found (2017a, 2017b) is a tabletop-to-mobile game series designed to teach medieval religious legal systems, beginning with Moses Maimonides’ Mishneh Torah (1180), a cornerstone work of Jewish legal rabbinic literature. Through design narratives, the article demonstrates the complex design decisions faced by the team as they balance the needs of player engagement with learning goals. In the process the designers confront challenges in developing winstates and in working with complex resource management. The article provides insight into the pathways the team …
Segovia V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 112 (Dec. 28, 2017),
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Segovia V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 112 (Dec. 28, 2017), Alexis Wendl
Nevada Supreme Court Summaries
The Court determined that (1) the 2015 amendment that added “physician assistant” to NRS 41A was not intended to clarify the previous statute’s original intent; and (2) The 2015 Legislature intended for the 2015 amendment that added “physician assistant” to NRS Chapter 41A to apply prospectively.
Peck V. Zipf, 133 Nev. Adv. Op. 108 (Dec. 28, 2017),
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Peck V. Zipf, 133 Nev. Adv. Op. 108 (Dec. 28, 2017), Jeff Chronister
Nevada Supreme Court Summaries
Under NRS 41A.071, a plaintiff’s malpractice claim must be dismissed if the claim is not accompanied by an expert affidavit, but NRS 41A.100(1) states that the expert affidavit need not be submitted if the medical malpractice claim is argued under the res ipsa loquitur doctrine. Because the appellant failed to prove that the instrument left in his body was the result of surgery, the claim was properly dismissed in that the claim did not satisfy the elements to permit the statutory exception of the res ipsa loquitur doctrine. Likewise, NRS 41A.071 does not violate the Equal Protection or Due Process …
State, Dep’T. Of Bus. And Indus., Fin. Inst. Div. V. Dollar Loan Ctr., L.L.C., 133 Nev Adv. Op. 103 (Dec. 26, 2017) (En Banc),
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
State, Dep’T. Of Bus. And Indus., Fin. Inst. Div. V. Dollar Loan Ctr., L.L.C., 133 Nev Adv. Op. 103 (Dec. 26, 2017) (En Banc), Emily Meibert
Nevada Supreme Court Summaries
The Court determined that NRS 604A.408(2)(f) bars a licensee from bringing any type of enforcement action on a refinancing loan under the statute. This is because allowing for enforcement action would go against the legislative purpose of the statute.
Mays V. City Of Flint, Michigan,
2017
Alexander Blewett III School of Law at the University of Montana
Mays V. City Of Flint, Michigan, Nathan A. Burke
Public Land & Resources Law Review
In Mays v. City of Flint Michigan, Michigan Department of Environmental Quality employees removed a class action against them in the Michigan state court to federal court under the federal-officer removal statute. This court ruled in favor of the residents of Flint, determining that the federal officer removal statute did not give the federal court jurisdiction over a state agency simply because the agency must follow federal rules. The court held that Michigan Department of Environmental Quality employees could not have been “acting under” the federal government even though the state agency’s enforcement authority could be trumped by the …
United States V. Osage Wind, Llc,
2017
Alexander Blewett III School of Law at the University of Montana
United States V. Osage Wind, Llc, Summer Carmack
Public Land & Resources Law Review
The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian law …
Budzko V. One City Center Associates Limited Partnership: Maine's Unique Approach To Business Owners' Duty To Remove Ice And Snow,
2017
University of Maine School of Law
Budzko V. One City Center Associates Limited Partnership: Maine's Unique Approach To Business Owners' Duty To Remove Ice And Snow, Jennifer A.W. Williams
Maine Law Review
In February 2001, the Maine Supreme Judicial Court, sitting as the Law Court, decided for the first time in Budzko v. One City Center Associates Limited Partnership, what duty of care a business landowner owes to business invitees regarding the accumulation of ice and snow during a storm. Terry Budzko slipped and fell as she was exiting One City Center, the building in which her employer leased office space. The steps had not been shoveled or sanded and a snowstorm had been progressing throughout the day. The Law Court, placing heavy reliance on the factor of foreseeability, held that “[b]usiness …
Time To Reconsider Nullum Tempus Occurrit Regi - The Applicability Of Statutes Of Limitations Against The State Of Maine In Civil Actions,
2017
University of Maine School of Law
Time To Reconsider Nullum Tempus Occurrit Regi - The Applicability Of Statutes Of Limitations Against The State Of Maine In Civil Actions, Sigmond D. Schutz
Maine Law Review
Many states, including the State of Maine, take the position that they have, essentially, an infinite time within which to bring a civil action. The basis for the State's claim of immunity from statutes of limitations is the old English common law doctrine, “nullum tempus occurrit regi”-- literally, no time runs against the King--which purports to exempt the State from statutes of limitations of general applicability unless statutes expressly provide otherwise. There has not been a Maine Supreme Judicial Court (Law Court) opinion mentioning the nullum tempusdoctrine since 1955, but the doctrine continues to be actively asserted by the State …
