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Law of Remedies: Damages, Equity, Restitution Open
Types of Remedies; Equity; Law-Equity Distinction; Contempt; Discretion; Balancing Equities; Adequacy of Legal Remedy; Jury Trial in Equity; Injunctions and Provisional Injunctive Relief; Principles of Damages; Basic Rules; General Damages…
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Are Current Tort Liability Doctrines Adequate for Addressing Injury Caused by AI? Open
As capabilities of predictive algorithms improve, machine learning will become an important element of physician practice and patient care. Implementation of artificial intelligence (AI) raises complex legal questions regarding health care…
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Explainable AI under contract and tort law: legal incentives and technical challenges Open
This paper shows that the law, in subtle ways, may set hitherto unrecognized incentives for the adoption of explainable machine learning applications. In doing so, we make two novel contributions. First, on the legal side, we show that to …
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If at First You Don’t Succeed: Suing Corporations for Climate Change Open
This article discusses the history and the future prospects of private climate litigation, which seeks to hold private entities legally accountable for climate change-related damage or threats of damage. It argues that, following failed at…
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International Civil Litigation in United States Courts Open
In its Fourth Edition, the book continues to provide the most in-depth coverage of the major topics in international litigation and to retain the features that made prior editions so popular. This timely revision is the most current intern…
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European Intermediary Liability in Copyright. A Tort-Based Analysis Open
With the adoption and subsequent national implementation of the E-Commerce Directive’s safe harbour regime, the architecture set up in Europe for the civil liability of internet intermediaries for the copyright infringements of others has …
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Telemedicine: The Legal Framework (or the Lack of It) in Europe Open
In the framework of European law telemedicine is, simultaneously, a health service and an information service, therefore, both regulations apply. In what concerns healthcare and the practice of medicine there are no uniform regulations at …
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Malpractice Liability and Health Care Quality Open
IMPORTANCE: The tort liability system is intended to serve three functions: compensate patients who sustain injury from negligence, provide corrective justice, and deter negligence. Deterrence, in theory, occurs because clinicians know tha…
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The Judicial Demand for Explainable Artificial Intelligence Open
A recurrent concern about machine learning algorithms is that they operate as “black boxes,” making it difficult to identify how and why the algorithms reach particular decisions, recommendations, or predictions. Yet judges will confront m…
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Between negotiations and litigation: Vanuatu’s perspective on loss and damage from climate change Open
This contribution explores how climate-vulnerable states can effectively use the law to force action in order to address loss and damage from climate change, taking the Pacific Island state of Vanuatu as an example. Vanuatu made headlines …
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Telemedicine: The legal framework (or the lack of it) in Europe Open
In the framework of European law telemedicine is, simultaneously, a health service and an information service, therefore, both regulations apply. In what concerns healthcare and the practice of medicine there are no uniform regulations at …
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Varieties of AI Explanations Under the Law. From the GDPR to the AIA, and Beyond Open
The quest to explain the output of artificial intelligence systems has clearly moved from a mere technical to a highly legally and politically relevant endeavor. In this paper, we provide an overview of legal obligations to explain AI and …
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PENERAPAN BATAS-BATAS WANPRESTASI DAN PERBUATAN MELAWAN HUKUM DALAM PERJANJIAN Open
The Act of the Civil Law makes a clear distinction between the engagement that is born of the agreement and engagement that is born of the legislation. The legal consequences are born of an engagement agreement is desired by the parties, b…
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Strict Liability for AI and other Emerging Technologies Open
European Parliament resolution of 20 October 2020 with recommendations to the Commission on a
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Liability for Autonomous and Artificially Intelligent Robots Open
In the backdrop of increasingly intelligent machines, important issues of law have been raised by the use of robots that operate autonomous from human supervisory control. In particular, when systems operating with autonomous robot’s damag…
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JURISDICTION IN TORT CLAIMS FOR NON-PHYSICAL HARM UNDER BRUSSELS 2012, ARTICLE 7(2) Open
Article 7(2) of the Brussels Regulation, 2012 confers jurisdiction, in matters relating to tort, on the courts of the Member State in which the harmful event occurred. In Bier v Mines de Potasse d'Alsace , the CJEU held that this covers bo…
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The Mistaken Restriction of Strict Liability to Uncommon Activities Open
Courts generally insist that two criteria be met before imposing strict liability rather than basing liability on the negligence rule. The first—that the injurer’s activity must be dangerous—is sensible because strict liability possesses g…
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The impact of tort reform on defensive medicine, quality of care, and physician supply: A systematic review Open
Objective To evaluate the impact of tort reform on defensive medicine, quality of care, and physician supply. Data Sources Empirical, peer‐reviewed English‐language studies in the MEDLINE and HeinOnline databases that evaluated the associa…
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The Risk-Based Approach of the European Union’s Proposed Artificial Intelligence Regulation: Some Comments from a Tort Law Perspective Open
How can tort law contribute to a better understanding of the risk-based approach in the European Union’s (EU) Artificial Intelligence Act proposal and evolving liability regime? In a new legal area of intense development, it is pivotal to …
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Loss and damage and climate litigation: The case for greater interlinkage Open
With the negotiations under the United Nations Framework Convention on Climate Change (UNFCCC) failing to provide adequate support to climate victims, vulnerable countries, nongovernmental organizations and affected communities are increas…
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Defensive Medicine: A Case and Review of Its Status and Possible Solutions Open
Malpractice liability systems exist, in part, to provide compensation for medical malpractice, corrective justice for those injured by it, and to incentivize quality care by punishing substandard care. Defensive medicine is loosely defined…
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Medical malpractice in spine surgery: a review Open
Medical malpractice is an important but often underappreciated topic within neurosurgery, particularly for surgeons in the early phases of practice. The practice of spinal neurosurgery involves substantial risk for litigation, as both the …
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New Rules on Patient’s Safety and Professional Liability for the Italian Health Service Open
Background: The phenomenon of clinical negligence claims has rapidly spread to United States, Canada and Europe assuming the dimensions and the severity of a pandemia. Consequently, the issues related to medical malpractice need to be stud…
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Business and human rights implications of climate change litigation: <i>Milieudefensie et al</i>. <i>v Royal Dutch Shell</i> Open
In Milieudefensie et al. v Royal Dutch Shell , the District Court in the Hague ordered the respondent company to cut its global carbon dioxide emissions by 45 percent by 2030, as compared with 2019 levels. The landmark judgement represents…
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Multiple Causation, Apportionment, and the Shapley Value Open
Multiple causation is one of the most intricate issues in contemporary tort law. Apportioning a loss suffered by a victim among multiple tortfeasors is indeed difficult, and courts do not always follow clear and consistent principles. Here…
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Causality and the fate of climate litigation: The role of the social superstructure narrative Open
Climate litigation has become a strategic tool to push for climate justice, including compensation for losses caused by climate change. Many cases rely on the establishment of a causal relationship between the defendants' emission of green…
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Transformation of law in the context of digitalization: defining the correct priorities Open
The subject under analysis is the peculiarities around the legal regulation of digital technologies and products arising from digital technologies. The choice of this topic was predetermined by the active development of digital services an…
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Subjective valuation of enrichment in restitution for wrongs Open
The received wisdom is that release-fee awards, sometimes known as “Wrotham Park damages”, are available against morally blameless defendants who have committed torts of strict liability. This article argues that such defendants who have n…
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Good Governance of Private Standardization and the Role of Tort Law Open
This article enquires into the potential of tort law to control private standardization and foster good governance in regulatory decision-making. Private standardization has been characterized as a political game of winners and losers: whi…
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Governing ghostbots Open
This article discusses the legal implications of a novel phenomenon, namely, digital reincarnations of deceased persons, sometimes known as post-mortem avatars, deepfakes, replicas, holographs, or chatbots. To elide these multiple names, w…