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Swimming Up the Stream of Commerce: How Plaintiffs in Products Liability Litigation Are Disadvantaged by Current Personal Jurisdiction Doctrine
Get PDFThe growth of e-commerce has facilitated an increasing number of products’ travel, frequently across state and international lines. This development has subsequently increased litigation between parties who are of diverse residencies. These disputes have challenged the fundamental territorial principles that established early personal jurisdiction doctrine. Moreover, unprecedented corporate expansion—both geographically and economically—has created an environment that has outgrown a doctrine focused on protecting defendants’ rights. As courts are beginning to reform their analysis in products liability litigation towards finding Amazon and others like it strictly liable for injuries caused by products sold on their sites, Amazon will have to find another way out, likely through challenging the presiding court’s adjudicatory authority.
This Comment will evaluate whether the Supreme Court of the United States’ interpretation of personal jurisdiction has progressed at the necessary speed to adequately address the issues arising out of Americans’ dependence on Amazon. More generally, it will look at the implications of the Supreme Court’s current understanding of personal jurisdiction and assess whether the current state of the doctrine is sheltering corporations behind new types of business models. By looking specifically at products liability litigation involving goods sold on Amazon, it will conclude that the expansion of e-commerce has challenged the adequacy of current approaches to personal jurisdiction and products liability disputes. The solution to the issues caused by this stagnant nature of law requires simultaneous specific personal jurisdiction and products liability doctrinal reform
When the Consumer Becomes the Product: Utilizing Products Liability Principles to Protect Consumers from Data Breaches
Get PDFCurrent products liability law is not equipped to handle products in the age of data. The potential for harm was traditionally coupled with the product: wherever the product went, the potential for harm followed. As the product proceeded down the supply chain—from the manufacturer to the wholesaler, to the retailer, and then to the consumer—the risk of harm went with it. Data collected from consumers carries a different risk. Data products originate with a person who is often the consumer of a physical product in the traditional supply chain. That data product is then transmitted to another entity, which is often the manufacturer of the physical product that the consumer purchased. The potential for harm, however, stays with the consumer because she is the one that suffers from her data being stolen or made public. Thus, in a data breach, the collector does not suffer harm—the original consumer does. [..
The Emergence of Neutrality
Get PDFThis Article traces two interwoven jurisprudential genealogies. The first of these focuses on the emergence of neutrality in speech and press doctrine. Content and viewpoint neutrality are now the bedrock principles of modern First Amendment law. Yet the history of these concepts is largely untold and otherwise misunderstood. Scholars usually assume that expressive-freedom doctrine was mostly undeveloped before the early twentieth century and that neutrality was central to its modern rebirth. But this view distorts and sometimes even inverts historical perspectives. For most of American history, the governing paradigm of expressive freedom was one of limited toleration, focused on protecting speech within socially defined boundaries. The modern embrace of content and viewpoint neutrality, it turns out, occurred only in the 1960s as the Supreme Court merged earlier strands of rights jurisprudence in novel ways. The emergence of neutrality, this Article shows, was more gradual, more contested, and more contingent than we now assume. Recovering this history reveals the novelty of the modern neutrality paradigm and casts new light on the history of other First Amendment concepts, like prior restraints, low-value speech, and overbreadth.To understand these developments, it is necessary to trace a second doctrinal genealogy that focuses on the concept of fundamental rights. Older views of expressive freedom were embedded in a different conceptual framework for thinking about rights. And once again, the role of neutrality within this tradition was radically different. Today, neutrality is ubiquitous in rights discourse, reflecting the prevailing view that rights are domains in which people can make their own moral choices. Thus defined, rights need not be absolute, but the government must at least maintain neutrality with respect to values. As this Article reveals, however, this neutrality-based view of rights emerged well into the twentieth century, reflecting a transmogrified synthesis of earlier ideas.Recovering these older paradigms powerfully illustrates how deeply our current perspectives shape the way that we view the Constitution. Principles that appear to be inherent to the very idea of expressive freedom or the very idea of rights, it turns out, are refracted through a modern lens. Integrating history into rights jurisprudence thus poses a substantial and unresolved challenge, warranting further engagement by scholars and judges. On its own, history cannot dictate whether our approach to rights needs adjustment. But it can refocus attention on values and choices that modern doctrine too often ignores
Richmond Law Magazine: Winter 2022
Get PDFFree Britney (and other legal lessons from the headlines)
The Making of a More Perfect Union
Richmond Law: A Story in 7 Objectshttps://scholarship.richmond.edu/law-magazine/1076/thumbnail.jp
Toward a New Cosmopolitanism in Contemporary Catalan Drama
No full textIn the contemporary Catalan theatre scene, mobility is often synonymous with prestige, and success is frequently measured as a function of international range and reputation. Moreover, for dramatists writing in Catalan, ever-conscious of the precarious condition of their language and cultural identity, their paradoxical position of both political distance and proximity in relation to Spain has, perhaps, accentuated their yearning to belong to a larger global sphere. Given Catalonia’s status as a stateless nation (or, as a disputed territory), it may not come as a surprise, then, that plays emerging from this corner of the world often appear to advocate a type of cosmopolitan European identity, one that actively embraces otherness and difference, overlapping citizenships, and the broad complexity of relationships among the global, local, national, and regional. It is a brand of cosmopolitanism—reminiscent of the work of culturaltheorist/philosopher Kwame Anthony Appiah—that seeks to move beyond the confines of the nation-state to encourage new paradigms of solidarity and interconnectedness that accentuate cultural and linguistic pluralism. How have Catalan playwrights attempted to satisfy, both literally and figuratively, a desire to transcend the local and the particular, to reach beyond their most immediate geographic space and move beyond local borders, both spatial and political? I shall examine a sampling of recent Catalan plays in light of this “new cosmopolitanism
Connectivity in the Urban Landscape (2015–2020): Who? Where? What? When? Why? and How?
No full textPurpose of Review This review uses a combination of narrative and systematic review techniques, including automated content analysis (ACA), to summarize the last 5 years of research on urban connectivity. It addresses the evolution of the field relative to prior reviews, identifies common themes and research gaps in the studies, and assesses the use of novel methods and data.
Recent Findings We found a broadening of geographic and taxonomic scope in recent studies, including more research from Chinese cities and on multiple species. We also found more studies that covered multiple time periods than have been documented in prior reviews. However, we observed a continuing reliance on best professional judgment rather than empirical field data to parameterize models and on analytic methods that are 10–20 years old. Our review framework identified several distinct conceptual themes in the literature including foci on land cover, including roads, water, and vegetation; green spaces and infrastructure; ecological conservation, planning, and management; habitat structure and function; and species movement.
Summary Urban areas offer the opportunity to leverage unique data sets and novel analytical methods that incorporate both human and other biological needs for connectivity, acknowledging that these two needs may not always align. In terms of data, few of the connectivity results were supported by or tested with empirical data. While nearly two-thirds of the papers reviewed included some measure of functional connectivity, which is an increase from previous reviews, future research would benefit from new modeling approaches that explicitly incorporate the challenges of measuring landscape connectivity within the urban context and from a clear set of shared objectives and goals
On Discussion of Friendship and Self-Love: An Interconnection
No full textThis paper discusses the mutual influence of friendship and self-love. By explaining the concept of friendship in philosophical texts including The Nicomachean Ethics, On Friendship, and Conceptualizing Friendship in Time and Place, the essay elaborates on how concepts of friendship and goodness are embedded in self-love. Then, by utilizing contemporary texts including Promising Young Woman, Love in a Fallen City, and Love, Friendship, and the Self as examples, the essay extends beyond its discussion from an individual level to a societal level, ultimately emphasizing the importance of self-love in fostering a collaborative and peaceful community