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Dodging Public Nuisance, Albert C. Lin 2020 University of California, Irvine School of Law

Dodging Public Nuisance, Albert C. Lin

UC Irvine Law Review

Public nuisance claims against fossil fuel companies, drug companies, lead paint manufacturers, and other industries have raised the specter of onerous abatement orders and damage awards. While courts sometimes have rejected these industry-oriented public nuisance claims on their substantive merits, in climate change cases federal district courts have turned to doctrines of avoidance—including jurisdictional defenses and justiciability doctrines—to dismiss cases and avoid reaching the substantive merits. This dodging of public nuisance, often supported by questionable legal analysis, not only undermines the functions of tort law, but also cuts short important discussions between the judiciary, the political branches, and ...


Treating Osha Violations As Negligence Per Se, Rory Thomas Skowron 2020 Boston College Law School

Treating Osha Violations As Negligence Per Se, Rory Thomas Skowron

Boston College Law Review

The doctrine of negligence per se, in its simplest formulation, enables courts to hold a defendant negligent as a matter of law when that defendant’s violation of a statute or regulation results in injury to another. Although courts widely accept negligence per se, many do not apply the doctrine when a defendant is alleged to have violated regulations implemented by federal agencies, such as the Occupational Safety and Health Administration (OSHA). In fact, several courts take the position that treating a party’s violation of OSHA standards as negligence per se is not only a misapplication of the doctrine ...


Civil Liability For Encouraging Bad Behavior: From Cheering At A Gang Rape To Promoting Opioid Abuse, James A. Henderson, Jr. 2020 University of Florida Levin College of Law

Civil Liability For Encouraging Bad Behavior: From Cheering At A Gang Rape To Promoting Opioid Abuse, James A. Henderson, Jr.

Florida Law Review

This Article examines the civil liability of actors who encourage others to behave badly, thereby causing harm. The analysis distinguishes between individual encouragers and business-entity encouragers. Individuals most often intend for the bad behaviors and the consequential harms to occur—witness cheerleaders at a gang rape. This Article advocates stern treatment of such mean-spirited malcontents. On the one hand, if their encouragement is a but-for condition of the others’ harm causing bad behavior, they should be subject to liability based on traditional intentional tort. On the other hand, if their encouragement is not a but-for condition, this essay proposes an ...


Fraud Is Now Legal In Texas (For Some People), Val D. Ricks 2020 South Texas College of Law

Fraud Is Now Legal In Texas (For Some People), Val D. Ricks

Texas A&M Law Review

Three intermediate appellate courts in Texas have held that corporate actors— directors, officers, managers, shareholders, and probably common employees and agents—are immune from personal liability for fraud that they themselves commit as long as their deceit relates to or arises from a contractual obligation of the corporation. Similar actors in limited liability companies also enjoy immunity. These courts do not require that the business entities themselves be liable for the fraud. When the entities are not liable, these new holdings leave fraud victims no remedy at all, even if a jury would find fraud. One (or maybe two) Texas ...


Before The Ice Disappears: Pursuing Climate Justice For Inuit Women In The Context Of Mining In Nunavut, Angeline Bellehumeur 2020 The University of Western Ontario

Before The Ice Disappears: Pursuing Climate Justice For Inuit Women In The Context Of Mining In Nunavut, Angeline Bellehumeur

Electronic Thesis and Dissertation Repository

The Arctic’s rapid warming is increasing the potential for mining activity in Nunavut, and, consequently, Inuit women are increasingly at risk of experiencing the adverse and gendered impacts of mining, including gender-based violence. Through a theoretical framework influenced by feminism, Indigenous legal scholarship and legal anthropology, this thesis examines the flaws in the mining industry’s voluntary efforts to acquiring a social licence to operate and in the Nunavut mining regulatory regime, while also considering how the law can provide legal recourse through tort actions and Inuit Impact Benefit Agreements. In every instance, is clear that climate justice for ...


Enough Is As Good As A Feast, Noah C. Chauvin 2020 Seattle University School of Law

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ...


Where We’Re Going, We Don’T Need Drivers: Autonomous Vehicles And Ai-Chaperone Liability, Peter Y. Kim 2020 The Catholic University of America, Columbus School of Law

Where We’Re Going, We Don’T Need Drivers: Autonomous Vehicles And Ai-Chaperone Liability, Peter Y. Kim

Catholic University Law Review

The future of mainstream autonomous vehicles is approaching in the rearview mirror. Yet, the current legal regime for tort liability leaves an open question on how tortious Artificial Intelligence (AI) devices and systems that are capable of machine learning will be held accountable. To understand the potential answer, one may simply go back in time and see how this question would be answered under traditional torts. This Comment tests whether the incident involving an autonomous vehicle hitting a pedestrian is covered under the traditional torts, argues that they are incapable of solving this novel problem, and ultimately proposes a new ...


Patent Accidents: Questioning Strict Liability In Patent Law, Patrick R. Goold 2020 The City Law School; City; University of London

Patent Accidents: Questioning Strict Liability In Patent Law, Patrick R. Goold

Indiana Law Journal

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 ...


Illuminating False Light: Assessing The Case For The False Light Tort In Canada, Fraser Duncan 2020 University of Saskatchewan

Illuminating False Light: Assessing The Case For The False Light Tort In Canada, Fraser Duncan

Dalhousie Law Journal

The false light tort has been the most contentious of the four privacy torts recognized in many US states, receiving criticism for its uncertain connection to privacy interests, its overlap with defamation and its chilling effect on free speech. While the tort has not previously received much judicial or scholarly attention in Canada, the recent decision of the Ontario Superior Court of Justice in Yenovkian v Gulian recognized false light as a cause of action in the province. This article cautions other Canadian common law courts against following suit through an analysis of the nature, history, and criticisms of the ...


Seeking (Some) Climate Justice In State Tort Law, Karen C. Sokol 2020 Loyola University New Orleans College of Law

Seeking (Some) Climate Justice In State Tort Law, Karen C. Sokol

Washington Law Review

Over the last decade, an increasing number of path-breaking cases have been filed throughout the world, seeking to hold fossil fuel industry companies and governments accountable for their actions and inactions that have contributed to the climate crisis. This Article focuses on an important subset of those cases—namely, the recent surge of cases brought by states, cities, and counties all over the United States alleging that the largest fossil fuel industry actors, including ExxonMobil, Shell, BP, and Chevron, are liable in state tort law for harms caused by climate change.

The Article begins with a synthesis of the history ...


Maximizing The Value Of America’S Newest Resource, Low- Altitude Airspace: An Economic Analysis Of Aerial Trespass And Drones, Tyler Watson 2020 Indiana University Maurer School of Law

Maximizing The Value Of America’S Newest Resource, Low- Altitude Airspace: An Economic Analysis Of Aerial Trespass And Drones, Tyler Watson

Indiana Law Journal

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 ...


Maintenance Of Water And Sewer Infrastructure In Response To Sea Level Rise In Massachusetts, Melissa Chalek 2020 Marine Affairs Institute (MAI), Roger Williams University School of Law

Maintenance Of Water And Sewer Infrastructure In Response To Sea Level Rise In Massachusetts, Melissa Chalek

Marine Affairs Institute Staff Publications

No abstract provided.


Climate Change And Government Negligence Liability In Massachusetts, Melissa Chalek 2020 Marine Affairs Institute (MAI), Roger Williams University School of Law

Climate Change And Government Negligence Liability In Massachusetts, Melissa Chalek

Marine Affairs Institute Staff Publications

No abstract provided.


Revisiting The Law Of Confidence In Singapore And A Proposal For A New Tort Of Misuse Of Private Information, Cheng Lim SAW, Zheng Wen Samuel CHAN, Wen Min CHAI 2020 Singapore Management University

Revisiting The Law Of Confidence In Singapore And A Proposal For A New Tort Of Misuse Of Private Information, Cheng Lim Saw, Zheng Wen Samuel Chan, Wen Min Chai

Research Collection School Of Law

This article critically examines the recent Court of Appeal decision in I-Admin (Singapore) Pte Ltd v Hong Ying Ting [2020] 1 SLR 1130 and its implications for the law of confidence. The article begins by setting out the decision at first instance, and then on appeal. It argues that the Court of Appeal’s “modified approach” fails to meaningfully engage the plaintiff ’s wrongful gain interest and places the law’s emphasis primarily, if not wholly, on the plaintiff ’s wrongful loss interest. The new framework also appears to have been influenced by English jurisprudence, which has had a long ...


Unbuckling The Seat Belt Defense In Arkansas, Spencer G. Dougherty 2020 University of Arkansas

Unbuckling The Seat Belt Defense In Arkansas, Spencer G. Dougherty

Arkansas Law Review

The “seat belt defense” has been hotly litigated over the decades in numerous jurisdictions across the United States. It is an affirmative defense that, when allowed, reduces a plaintiff’s recovery for personal injuries resulting from an automobile collision where the defendant can establish that those injuries would have been less severe or avoided entirely had the plaintiff been wearing an available seat belt. This is an unsettled legal issue in Arkansas, despite the growing number of cases in which the seat belt defense is raised as an issue. Most jurisdictions, including Arkansas, initially rejected the defense, but the basis ...


Nuisance Most Fowl: The Problem With Chicago's Permissive Livestock Ordinance And How To Fix It, Shelley Geiszler 2020 Chicago-Kent College of Law

Nuisance Most Fowl: The Problem With Chicago's Permissive Livestock Ordinance And How To Fix It, Shelley Geiszler

Chicago-Kent Law Review

No abstract provided.


Consortium And Workers’ Compensation: The Demolition Of Consortium, Michael Green, David M. Layman 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, Jennifer Harchut 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, Tom Baker 2020 University of Pennsylvania Carey Law School

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, Patrick Hornbeck 2020 Fordham University

Respondeat Superior Vicarious Liability For Clergy Sexual Abuse: Four Approaches, Patrick Hornbeck

Buffalo Law Review

No abstract provided.


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