Patent Accidents: Questioning Strict Liability In Patent Law, 2020 The City Law School; City; University of London
Patent Accidents: Questioning Strict Liability In Patent Law, Patrick R. Goold
Indiana Law Journal
81818app手机版下载Accidental infringement of patent rights is a pervasive and growing problem in the Information Age. As IP rights proliferate and expand in scope, it is becoming increasingly easy for companies and individuals to inadvertently infringe patents. When such accidental infringement occurs, patent law holds the infringer strictly liable. This contrasts with many areas of tort law where defendants are only liable if they act negligently.
This Article questions the normative desirability of strict liability in patent law. Assuming the primary value of patent law is utilitarian, this Article poses the research question: what liability rule will maximize social welfare? This ...
Maximizing The Value Of America’S Newest Resource, Low- Altitude Airspace: An Economic Analysis Of Aerial Trespass And Drones, 2020 Indiana University Maurer School of Law 81818app手机版下载
Maximizing The Value Of America’S Newest Resource, Low- Altitude Airspace: An Economic Analysis Of Aerial Trespass And Drones, Tyler Watson
Indiana Law Journal
81818app手机版下载Recognizing that tort law is a unique area of law that was judicially created by rational human beings with an innate sense of economic justice, this Note seeks to apply positive economic theory—derived from ex post analyses of tort cases—to an ex ante analysis to predict how and to what extent the existing and proposed aerial trespass rules will further economic efficiency in the context of drones and airspace rights. Part I will provide (1) an overview of the Federal Aviation Administration’s (FAA) current regulatory framework and the development of the common law aerial trespass doctrine and ...
Nuisance Most Fowl: The Problem With Chicago's Permissive Livestock Ordinance And How To Fix It, 2020 Chicago-Kent College of Law 81818app手机版下载
Nuisance Most Fowl: The Problem With Chicago's Permissive Livestock Ordinance And How To Fix It, Shelley Geiszler
Chicago-Kent Law Review
81818app手机版下载No abstract provided.
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
No abstract provided.
Uncertainty > Risk: Lessons For Legal Thought From The Insurance Runoff Market, 2020 University of Pennsylvania Carey Law School 81818app手机版下载
Uncertainty > Risk: Lessons For Legal Thought From The Insurance Runoff Market, Tom Baker
Faculty Scholarship at Penn Law
Insurance ideas inform legal thought: from tort law, to health law and financial services regulation, to theories of distributive justice. Within that thought, insurance is conceived as an ideal type in which insurers distribute determinable risks through contracts that fix the parties’ obligations in advance. This ideal type has normative appeal, among other reasons because it explains how tort law might achieve in practice the objectives of tort theory. This ideal type also supports a restrictive vision of liability-based regulation that opposes expansions and supports cutbacks, on the grounds that uncertainty poses an existential threat to insurance markets.
Prior work ...
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 81818app手机版下载
Table Of Contents, Seattle University Law Review
Seattle University Law Review
81818app手机版下载Table of Contents
Intended Injury: Transferred Intent And Reliance In Climate Change Fraud, 2020 Barry University School of Law 81818app手机版下载
Intended Injury: Transferred Intent And Reliance In Climate Change Fraud, Wes Henricksen
Arkansas Law Review
81818app手机版下载"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 ...
Reconsidering Wrongful Birth, 2020 History of Medicine Program, University of Minnesota, Twin Cities
Reconsidering Wrongful Birth, Luke Isaac Haqq
Notre Dame Law Review Reflection
81818app手机版下载The tort action for “wrongful birth” has a history dating back at least to the
81818app手机版下载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 Corp81818app手机版下载. in 2019, the wrongful
81818app手机版下载birth claim could potentially provide a site for the Supreme Court to revisit national
The extant literature ...
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 ...
Reputational Economies Of Scale, 2020 USC Law School
Reputational Economies Of Scale, Daniel M. Klerman, Miguel De Figueiredo
University of Southern California Legal Studies Working Paper Series
For many years, most scholars have assumed that the strength of reputational incentives is positively correlated with the frequency of repeat play. Firms that sell more products or services were thought more likely to be trustworthy than those that sell less because they have more to lose if consumers decide they have behaved badly. That assumption has been called into question by recent work that shows that, under the standard infinitely repeated game model of reputation, reputational economies of scale will occur only under special conditions, such as monopoly, because larger firms not only have more to lose from behaving ...
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 ...
Clarifying Washington's Approach To The Independent Duty Doctrine, 2020 University of Washington School of Law 81818app手机版下载
Clarifying Washington's Approach To The Independent Duty Doctrine, Margaret Wykowski
Washington Law Review
When faced with limited or no recovery under contract law, resourceful lawyers often turn to tort law. The economic loss rule restricts this practice by barring recovery in tort for solely economic losses. However, what qualifies as “economic loss” is not always clear. In 2010, the Washington State Supreme Court announced it was clarifying the economic loss rule by adopting the independent duty doctrine. Rather than analyze the type of loss suffered, the independent duty doctrine determines whether a party owed a tort duty independent of the relevant contract, closely mirroring a traditional tort inquiry. When establishing the independent duty ...
Breaking Down The Wall Around Judicial Review In The Immigration Context: Examining Whether § 1252(G) Precludes Review Of Noncitizen Ftca Claims For Wrongful Removal In Violation Of A Court Order, 2020 Boston College Law School
Breaking Down The Wall Around Judicial Review In The Immigration Context: Examining Whether § 1252(G) Precludes Review Of Noncitizen Ftca Claims For Wrongful Removal In Violation Of A Court Order, Carmella R. O'Hanlon
Boston College Law Review
On August 9, 2018, the Ninth Circuit Court of Appeals in Arce v. United States held that a jurisdiction-stripping provision of the Immigration and Nationality Act does not preclude judicial review of damages claims brought by noncitizens. The Ninth Circuit’s holding opened the door for noncitizens who were wrongfully removed from the United States in violation of a court order or automatic stay to pursue damages. In doing so, the Ninth Circuit departed from the Eighth Circuit Court of Appeals, which held that the Act precluded noncitizens’ damages claims. This Comment argues that the Ninth Circuit’s holding was ...
Held Accountable: Should Gun Manufacturers Be Held Liable For The Criminal Use Of Their Products, 2020 Pepperdine University
Held Accountable: Should Gun Manufacturers Be Held Liable For The Criminal Use Of Their Products, Benjamin Caryan
The Journal of Business, Entrepreneurship & the Law
This comment starts with a review of the most stringent laws currently enacted. After going over what is enacted, it will discuss the reasons given as to why gun manufacturers should be held liable and under what theories, including tort liability and public nuisance theories. Next, it will cover novel approaches to the strict liability, including arguments like negligent distribution, entrustment, and marketing. It will discuss similarities between the tobacco, automobile, and alcohol industry with the firearms industry. It will then go over how the recent push for gun legislation affected the sale and purchase of firearms. Lastly, to summarize ...
Who Sells? Testing Amazon.Com For Product Defect Liability In Pennsylvania And Beyond, 2020 Brooklyn Law School 81818app手机版下载
Who Sells? Testing Amazon.Com For Product Defect Liability In Pennsylvania And Beyond, Aaron Doyer
Journal of Law and Policy
Pennsylvania, like other states, has struggled over the past few decades to apply the policy principles of product defect law—a tort characterized by strict liability. Because strict liability bypasses the traditional requirement in tort that a plaintiff prove the defendant’s negligence, and instead requires only a showing that the plaintiff was injured by a product sold in a defective condition, these inquiries raise a deceptively simple question: who sells? Recently, in a landmark case in Pennsylvania, the Third Circuit made waves by declaring Amazon.com, an enormous online marketplace, the legal “seller” of a product shipped and sold ...
When Worlds Collide: Protecting Physical World Interests Against Virtual World Malfeasance, 2020 California State University
When Worlds Collide: Protecting Physical World Interests Against Virtual World Malfeasance, Hilary Silvia, Nanci K. Carr
Michigan Technology Law Review
If a virtual-world-game character is cast upon real-world property without the consent of the landowner, inducing or encouraging players to trespass, is the virtual-world creator liable for damages? The United States Supreme Court has recognized that digital technology presents novel issues, the resolution of which must anticipate its further rapid development. It is beyond dispute that protective legislation will be unable to keep up with rapidly evolving technology. The burden of anticipating and addressing issues presented by emerging technologies will ultimately fall upon the businesses responsible for generating them. This duty was most notably adopted by the creators of Pokémon ...
Calculating Compensation Sums For Private Law Wrongs: Underlying Imprecisions, Necessary Questions, And Toward A Plausible Account Of Damages For Lost Years Of Life, Michael Pressman
University of Michigan Journal of Law Reform
The ubiquitous corrective-justice goals of “making a party whole” or “returning a party to the position she was in” are typically understood in monetary terms, and in this context, it is fairly clear what these terms mean. If, as this Article argues, these corrective-justice goals should instead be understood in terms of something that has intrinsic value, such as happiness, various imprecisions come to the fore. This Article identifies and explores these imprecisions and, in so doing, articulates a novel framework that can be used for understanding and systematizing our approach to private law remedies. This is the Article’s ...
Risky Business: The Eleventh Circuit Applies Spokeo To Assess The Sufficiency Of Risk For Article Iii Standing In Muransky V. Godiva Chocolatier, Inc., Michelle Chaing Perry
Boston College Law Review
On October 4, 2019, the United States Court of Appeals for the Eleventh Circuit granted the appellants in Muransky v. Godiva Chocolatier, Inc. a rehearing en banc. As a result, the court vacated its original holding that violating the truncation requirement in the Fair and Accurate Transactions Act of 2003 results in a concrete injury for the purposes of standing. The requirement forbids merchants from printing more than the last five digits of a credit card number on a point-of-sale receipt. In its original decision, the Eleventh Circuit demonstrated an unwillingness to override congressional findings that merchants who fail to ...
Aging Out Arbitration For Wrongful Death Suits In Nursing Homes, 2020 Pepperdine University
Aging Out Arbitration For Wrongful Death Suits In Nursing Homes, Courtney Dyer
Pepperdine Dispute Resolution Law Journal
The first section of this article will discuss the significance of removing arbitration agreements from wrongful death claims and implementing mediation instead. The second section will detail the background of arbitration clauses in nursing homes. The third section will review state acts that have opposed the use of arbitration agreements for wrongful death claims in nursing homes. The fourth section will analyze cases that have challenged arbitration agreements in nursing homes for wrongful death claims. The fifth section will propose compulsory mediation and multi-tiered dispute resolution clauses as substitutes for arbitration clauses. Finally, the sixth section will consider potential objections ...