Reframing Roe: Property Over Privacy
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Personality Rights in Australia1
SWIMMERS, SURFERS, AND SUE SMITH PERSONALITY RIGHTS IN AUSTRALIA1 Therese Catanzariti2 It is somewhat of a misnomer to talk about personality rights in Australia. First, personality rights are not “rights” in the sense of positive rights, a right to do something, or in the sense of proprietary rights, property that can be assigned or mortgaged. Second, personality rights are largely a US law concept, derived from US state law relating to the “right of publicity”. However, it is common commercial practice that Australian performers, actors and sportstars enter endorsement or sponsorship agreements.3 In addition, the Australian Media and Entertainment Arts Alliance, the Australian actors union, insists that the film and television industrial agreements and awards don’t cover merchandising and insist film and television producers enter individual agreements if they want to use an actor’s image in merchandising.4 This paper considers Australian law5 relating to defamation, passing off, and section 52 of the Trade Practices Act,6 draws parallels with US law relating to the right of publicity, and considers whether there is a developing Australian jurisprudence of “personality rights”. Protecting Personality Acknowledging and protecting personality rights protects privacy. But protecting privacy is not the focus and is an unintended incidental. Protecting personality rights protects investment, and has more in common with unfair competition than privacy. Acknowledging and protecting personality rights protects investment in creating and maintaining a carefully manicured public image, an investment of time labour, skill and cash. This includes spin doctors and personal trainers and make-up artists and plastic surgeons and making sure some stories never get into the press. -
FTCA Handbook Is a Revision of the Material Originally Published in July 1979 and Updated Periodically Since
JACS-Z 1 November 1999 MEMORANDUM FOR CLAIMS JUDGE ADVOCATES/CLAIMS ATTORNEYS SUBJECT: Federal Tort Claims Act (FTCA) Handbook 1. This edition of the FTCA Handbook is a revision of the material originally published in July 1979 and updated periodically since. The previous edition was last updated in September 1998. This edition contains significant cases through September 1999 pertaining to the filing and processing of administrative claims under the FTCA (Title 28, United States Code, Sections 2671-2680) and related claims statutes. 2. This Handbook provides case citations covering a myriad of issues. The citations are organized in a topical manner, paralleling the steps an attorney should take in analyzing a claim. Older citations have not been removed. Shepardizing is essential. 3. If any errors are noted, including the omission of relevant cases, please use the error sheet at the end of the Handbook to bring this to our attention. Users needing further information or clarification of this material should contact their Area Action Officer or Mr. Joseph H. Rouse, Deputy Chief, Tort Claims Division, DSN: 923-7009, extension 212; or commercial: (301) 677-7009, extension 212. JOHN H. NOLAN III Colonel, JA Commanding TABLE OF CONTENTS I. REQUIREMENTS FOR ADMINISTRATIVE FILING A. Why is There a Requirement? 1. Effective Date of Requirement............................ 1 2. Administrative Filing Requirement Jurisdictional......... 1 3. Waiver of Administrative Filing Requirement.............. 1 4. Purposes of Requirement.................................. 2 5. Administrative Filing Location........................... 2 6. Not Necessary for Compulsory Counterclaim................ 2 7. Not Necessary for Third Party Practice................... 2 B. What Must be Filed? 1. Written Demand for Sum Certain.......................... -
Rail Trespasser Fatalities Federal Railroad Administration Demographic and Behavioral Profiles
U.S. Department of Transportation Rail Trespasser Fatalities Federal Railroad Administration Demographic and Behavioral Profiles June 2013 NOTICE This document is disseminated under the sponsorship of the U.S. Department of Transportation in the interest of information exchange. The U.S. Government assumes no liability for its contents or use thereof. Any opinions, findings and conclusions, or recommendations expressed in this material do not necessarily reflect the views or policies of the U.S. Government, nor does mention of trade names, commercial products or organizations imply endorsement by the U.S. Government. The U.S. Government assumes no liability for the content or use of the material contained in this document. NOTICE The U.S. Government does not endorse products or manufacturers. Trade or manufacturers’ names appear herein solely because they are considered essential to the objective of this report. NOTE: This report was prepared by North American Management (NAM) at the direction of the Federal Railroad Administration (FRA) for the purpose of more accurately identifying the types of persons who trespass on railroad rights-of-way, and ultimately reducing the number of trespassing casualties, which contribute significantly to the total annual railroad-related deaths and injuries in the United States. This report is an extension of a March 2008 report produced by Cadle Creek Consulting titled, “Rail Trespasser Fatalities, Developing Demographic Profiles” (2008 Report). The entire 2008 Report can be found at http://www.fra.dot.gov/eLib/Details/L02669. The current report was generated as part of FRA’s continuing efforts to reduce trespassing on railroad rights-of-way and associated fatalities and injuries. -
Chapter 7 Tort Law and Product Liability Chapter Outline 1
Chapter 7 Tort Law and Product Liability Chapter Outline 1. Introduction 2. The Basis of Tort Law 3. Intentional Torts 4. Negligence 5. Cyber Torts: Defamation Online 6. Strict Liability 7. Product Liability 8. Defenses to Product Liability 9. Tort Law and the Paralegal Chapter Objectives After completing this chapter, you will know: • What a tort is, the purpose of tort law, and the three basic categories of torts. • The four elements of negligence. • What is meant by strict liability and under what circumstances strict liability is applied. • The meaning of strict product liability and the underlying policy for imposing strict product liability. • What defenses can be raised in product liability actions. Chapter 7 Tort Law and Product Liability Chapter Outline I. INTRODUCTION A. Torts are wrongful actions. B. The word tort is French for “wrong.” II. THE BASIS OF TORT LAW A. Two notions serve as the basis of all torts. i. Wrongs ii. Compensation B. In a tort action, one person or group brings a personal-injury suit against another person or group to obtain compensation or other relief for the harm suffered. C. Tort suits involve “private” wrongs, distinguishable from criminal actions that involve “public” wrongs. D. The purpose of tort law is to provide remedies for the invasion of various interests. E. There are three broad classifications of torts. i. Intentional Torts ii. Negligence iii. Strict Liability F. The classification of a particular tort depends largely on how the tort occurs (intentionally or unintentionally) and the surrounding circumstances. Intentional Intentions An intentional tort requires only that the tortfeasor, the actor/wrongdoer, intended, or knew with substantial certainty, that certain consequences would result from the action. -
Torts Mnemonics
TORTS MNEMONICS 1) Torts are done IN SIN: I – INTENTIONAL harm to a person (e.g., assault, battery, false imprisonment, or the intentional infliction of emotional harm) N – NEGLIGENT conduct causing personal injury, wrongful death, or prop damage S – STRICT tort liability I – INTENTIONAL harm to property (e.g., trespass, conversion, or tortious interference with a contract) N – NUISANCE 2) Tortious conduct makes you want to SING: S – STRICT tort liability I – INTENTIONAL conduct N – NEGLIGENT conduct G – GROSS negligence a/k/a reckless conduct 3) A D’s FIT conduct is unreasonable/negligent when P was within the foreseeable zone of danger: F – FAILURE to take reasonable precautions in light of foreseeable risks I – INADVERTENCE T – THOUGHTLESSNESS 4) To establish a negligence claim, P must mix the right DIP: D – DUTY to exercise reasonable care was owed by the D to the injured P and the D breached this duty (for a negligence claim the duty is always to conform to the legal standard of reasonable conduct in light of the apparent risks) I – Physical INJURY to the P or his property (damages) P – P’s injuries were PROXIMATELY caused by the D’s breach of duty 5) A parent is liable only for the torts of a SICK child: S – in an employment relationship where a child commits a tort, while acting as a SERVANT or agent of the parent I – where the parent entrusts or knowingly leaves in the child’s possession an INSTRUMENTALITY that, in light of the child’s age, intelligence, disposition and prior experience, creates an unreasonable risk of harm to -
Could Artificial Wombs End the Abortion Debate?
Philosophy Faculty Works Philosophy Summer 2005 Could Artificial ombsW End the Abortion Debate? Christopher Kaczor Loyola Marymount University, [email protected] Follow this and additional works at: https://digitalcommons.lmu.edu/phil_fac Part of the Philosophy Commons Recommended Citation Christopher Kaczor, “Could Artificial ombsW End the Abortion Debate?” National Catholic Bioethics Quarterly 5.2 (Summer 2005): 73-91. This Article is brought to you for free and open access by the Philosophy at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Philosophy Faculty Works by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. Could Artificial Wombs End the Abortion Debate? Christopher Kaczor Although artificial wombs may seem fanciful when first considered, certain trends suggest they may become reality. Between 1945 and the 1970s, the weight at which premature infants could survive dropped dramatically, moving from 1000 grams to around 400 grams.1 In 1973, the U.S. Supreme Court, in deciding Roe v. Wade, considered viability to begin around twenty-eight weeks. In 2000, premature babies were reported to have survived at eighteen weeks.2 Advanced incubators already in existence save thousands of children born prematurely each year. It is highly likely that such incubators will become even more advanced as technology progresses. Researchers are working to make super-advanced incubators, “artificial wombs,” a reality. Temple University professor Dr. Thomas Schaffer hopes to save premature infants using a synthetic amniotic fluid of oxygen-rich perfluorocarbons. Lack of funding has thus far prevented tests on human infants born prematurely, but Shaffer has successfully transferred premature lamb fetuses from their mother’s wombs and used the synthetic amniotic fluid to sustain their lives.3 At Cornell University, Dr. -
Elements of Attractive Nuisance Robert F
Marquette Law Review Volume 34 Article 4 Issue 3 Winter 1950-1951 Elements of Attractive Nuisance Robert F. Boden Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Robert F. Boden, Elements of Attractive Nuisance, 34 Marq. L. Rev. 196 (1951). Available at: http://scholarship.law.marquette.edu/mulr/vol34/iss3/4 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. COMMENTS ELEMENTS OF ATTRACTIVE NUISANCE The attractive nuisance doctrine, so called, presents an interesting example of the conflict between age-old principles of the common law and modern humanitarian concepts. One of the fundamental rules gov- erning the liability of the possessor of land for injuries caused to per- sons entering his land is the maxim that the possessor is not liable for harm to trespassers caused by his failures to safely provide for their reception.1 The sound foundation and justice of the rule that a trespasser, entering without right or privilege, has assumed the risk is readily apparent, at least where the trespass is an intentional violation of the right of the owner occupier of land to exclusive possession. Even where the trespass is unintentional, a consideration of the rule in the light of the burden that a contrary rule would place upon possessors of land justifies the proposition that, as between possessor and tres- passer, the latter must bear the loss. -
United States District Court Eastern District of Kentucky Central Division Lexington
Case: 5:13-cv-00405-GFVT-EBA Doc #: 110 Filed: 03/31/15 Page: 1 of 32 - Page ID#: <pageID> UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION LEXINGTON MODERN HOLDINGS, LLC, ) GAY BOWEN, GREENLEAF PLANT ) FOOD WHOLESALE, INC., and ) BOBBIE LEMONS ) ) Plaintiffs, ) Civil No.: 13-405-GFVT ) v. ) MEMORANDUM OPINION ) & CORNING INCOPORATED, ) ORDER KONINKLIJKE PHILIPS, N.V., and ) PHILIPS ELECTRONICS NORTH ) AMERICA CORPORATION, ) ) Defendants. *** *** *** *** This environmental mass tort lawsuit alleges that Defendants Corning Incorporated and Philips Electronics,1 as owners and operators of a glass manufacturing facility in Danville, Kentucky, intentionally or negligently emitted and disposed of hazardous chemicals during the sixty years of the Facility’s operation, polluting the groundwater, air, and soil within a five-mile radius. As a result of this contamination, area residents allege that they suffered personal injuries, including illnesses such as Multiple Sclerosis, and area landowners allege property damage.2 Corning and Philips filed motions to dismiss the Plaintiffs’ complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). [R. 44, 45]. The motions will be GRANTED in part and DENIED in part as explained below. 1 Plaintiffs also sued Philips’ parent company, Koninklijke Philips, N.V. (KPNV). In a separate order at Docket Entry 109, the Court granted Defendant KPNV’s motion to dismiss for lack of personal jurisdiction. 2 A sister case, Cox, et al. v. Philips Electronics North America Corporation, et al., No. 5:13-cv-00406- GFVT, is a putative class action toxic tort lawsuit brought by Philips’ former employees against Philips and KPNV. -
Land Occupier's Liability to Trespassers James Farrier
Louisiana Law Review Volume 18 | Number 4 June 1958 Land Occupier's Liability to Trespassers James Farrier Repository Citation James Farrier, Land Occupier's Liability to Trespassers, 18 La. L. Rev. (1958) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol18/iss4/9 This Comment is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. LOUISIANA LAW REVIEW [Vol. XVIII ceived and retained the proceeds from the unauthorized con- duct,149 or has invoked judicial process to confirm such action. 150 Charles B. Sklar Land Occupier's Liability to Trespassers In recent times, the traditional rule that a land occupier is liable to a trespasser only if the land occupier is guilty of fla- grant misconduct has been considerably altered. Although the trespasser still cannot recover for many injuries for which a per- son lawfully upon the premises can recover, the courts have im- posed certain duties upon land occupiers to avoid injuring tres- passers. It is the purpose of this Comment to analyze these duties.' The trespasser is a person whose presence upon land is with- 2 out any claim of right secured by the permission of the occupier. The occupier's permission may extend only to a portion of the premises. Thus a person, lawfully upon the premises by virtue of the occupier's consent, will nevertheless be considered a tres- passer by entering into that part of the premises that he is not authorized to enter.3 The degree of care required of the occupier to trespassers is considerably less than what is owed to those lawfully on the premises. -
Right of Privacy and Rights of the Personality
AGTA Instituti Upsaliensis Iurisprudentiae Gomparativae VIII RIGHT OF PRIVACY AND RIGHTS OF THE PERSONALITY A COMPARATIVE SURVEY Working paper prepared for the Nordic Conferen.ee on privacy organized by the International Commission of Jurists, Stockholm M ay 1967 BY STIG STRÜMHOLM STOCKHOLM P. A. NORSTEDT & SÜNERS FÜRLAG ACTA Institut! Upsaliensis Iurisprudentiae Oomparativae AGTA Instituti Upsaliensis Iurisprudentiae Comjmrativae Edidit ÂKE MALMSTROM VIII RIGHT OF PRIVACY AND RIGHTS OF THE PERSONALITY A COMPARATIVE SURVEY (Working Paper prepared for the Nordic Conférence on Privacy organized by the International Commission of Jurists, Stockholm May 1967) By STIG STRÜMHOLM S T O C K H O L M P. A. N O RSTEDT & S ONE R S FÜRLAG © P. A. Norstedt & Sôners fôrlag 1967 Boktryckeri AB Thule, Stockholm 1967 PREFACE One of the author’s most eminent teachers in private law in the Uppsala Faculty of Law once claimed that an action in tort ought to lie against those légal writers who take up a subject to treat it broadly enough to deter others from writing about it but not deeply enough to give any final answers to the questions discussed. Were the law so severe, the present author would undoubtedly have to face a lawsuit for venturing to publish this short study on a topic which demands lengthy and careful considération on almost every point and which has already given rise to an extensive body of case law and of légal writing. This préfacé can be considered as the au thor’s plaidoyer in that action, fortunately imaginary. The present study was prepared at the request, and with the most active personal and material support, of the International Commis sion of Jurists as a working paper for the Nordic Conférence of Jurists, organized by the Commission in Stockholm in May, 1967. -
Defamation in Good Faith: an Argument for Restating the Defense of Qualified Privilege
The Catholic University of America, Columbus School of Law CUA Law Scholarship Repository Scholarly Articles and Other Contributions Faculty Scholarship 2012 Defamation in Good Faith: An Argument for Restating the Defense of Qualified Privilege A.G. Harmon The Catholic University of America, Columbus School of Law Follow this and additional works at: https://scholarship.law.edu/scholar Part of the Torts Commons Recommended Citation A.G. Harmon, Defamation in Good Faith: An Argument for Restating the Defense of Qualified Privilege, 16 BARRY L. REV. 27 (2011). This Article is brought to you for free and open access by the Faculty Scholarship at CUA Law Scholarship Repository. It has been accepted for inclusion in Scholarly Articles and Other Contributions by an authorized administrator of CUA Law Scholarship Repository. For more information, please contact [email protected]. DEFAMATION IN GOOD FAITH: AN ARGUMENT FOR RESTATING THE DEFENSE OF QUALIFIED PRIVILEGE A.G. Harmon, JD., Ph.D.' ABSTRACT: Since the 1964 case of New York Times v. Sullivan, the standard for proving defamation has often proven insurmountable to public figure plaintiffs who claim their reputations have been hurt through libel or slander. But, the standard can prove equally insurmountable to "private figure" plaintiffs when a qualified, or "conditional," privilege applies. Such privileges, intended to further the social policy of candor on certain proscribed occasions, can be claimed regarding otherwise questionable conversations as long as the dialogue is made: 1) in good faith; 2) about a subject in which the speaker has an interest or duty; 3) within a scope limited to that interest; 4) in a proper manner; and 5) between the proper parties. -
Artificial Womb Technology Discourses Around Artificial Wombs the Global Perspective
Ethics of artificial wombs: missing angles and special concerns Sophya Yumakulov, BHSc, Gregor Wolbring, PhD Faculty of Medicine, University of Calgary, Calgary, AB, CANADA We acknowledge the support of the Wolb-Pack [email protected], [email protected] Artificial womb technology Discourses Around Artificial Wombs The Global Perspective Artificial womb technology (AWT): man- The Abortion Debate Advantages Disadvantages Keeping preterm babies alive[99] AWT would undermine women’s The Global Perspective is lacking in this made technology that can gestate a fetus. AWT can end the abortion debate – allowing women to Safer environment for the fetus[100] right to decide when/how to become literature, even though artificial womb Progress to date: Potential for fetal surgery in utero[100] mothers[3] terminate pregnancy without technology has implications on a global scale. 1986-1997 – artificial perfusion of needing to kill the fetus[3] Saving IVF embryos[4] Risks of removing a fetus from Replace surrogacy, for women unable womb[3] uteri in Italy[1] AWT will NOT end the abortion debate, because women who seek to have offspring[5] Men taking over uniquely female 1996 – Kubawara et al gestate goat abortion are trying to end not only Liberate women from negative effects function/experience[3] Global Health – AWT has the potential to increase fetus in artificial placenta for 3 pregnancy but motherhood [3] of pregnancy and birth = gender Men gaining complete control over inequities between Southern and Northern weeks[2] equality[6-8] reproduction