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Swimming Up the Stream of Commerce: How Plaintiffs in Products Liability Litigation are Disadvantaged by Current Personal Jurisdiction Doctrine
Get PDF“The Court must periodically intervene in the perpetual battle between plaintiffs and corporations over personal jurisdiction, especially when one side has secured a competitive advantage. The time for such intervention has likely arrived.”
Emma is a resident of Billings, Montana, and she ordered the “Whitten 10-in-1, 8 Blade Onion Mincer, Chopper, Slicer, Cutter, Dicer, with Container” on Amazon. The product is a multifunctional kitchen tool that can chop, slice, cut, and dice your vegetable of choice. By pushing down on the container’s lid, the vegetable is forced through blades, resulting in perfectly cut vegetables. Via Amazon Prime, Emma received the gadget within twenty-four hours of ordering it. Once it arrived, she read the instructions and tested it on a yellow onion that she was using to make dinner. It appeared to work perfectly. So, she used a different sized blade insert on a clove of garlic. Again, it seemed to work perfectly. As she began to eat, she felt something sharp and tasted blood. She had just swallowed a part of a razor blade. The blade severely cut her mouth, throat, and intestines. She survived after several intensive surgeries. [..
Copyright Takes to the Streets: Protecting Graffiti Under the Visual Artists Rights Act
Get PDFArtists who choose the streets as their canvas—whether to beautify neighborhoods, spark political protest, or merely mark their territory—are faced with uncertainties when it comes to questions of copyright protection for their work. Prior to Castillo v. G&M Realty L.P., the rights granted to street artists had generally been uncharted territory. However, a verdict that pitted the rights of street artists against the rights of property owners finally gave street art the credibility many felt it long deserved. In Castillo, the United States Court of Appeals for the Second Circuit recognized graffiti as a work of visual art, thus providing it copyright protection under the Visual Artists Rights Act (“VARA”) of 1990. This decision reflected a broad change in the perception of unconventional art like graffiti, and it demonstrated the federal courts’ intent on catching up with that change
e-Museletter: January 2022
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Director\u27s Message
Library News
Featured Resources
Materials Update
Things to Consider
Student Services Cornerhttps://scholarship.richmond.edu/museletter/1170/thumbnail.jp
Book Review: The Hero Handbook
Get PDFThe Hero Handbook, authored by Matt Langdon, offers an informative and practical guide for heroism for both preadolescent readers and adults. The book includes numerous personal anecdotes from his own hero journey and countless references to children’s literature. Each chapter includes “Check Out the Science!” insets written by psychologist Brian Riches, who explains in simple terms the neuroscience underlying various concepts related to heroism. Topics include the hero’s journey, bullying and anti-bullying, the active bystander, and the science of becoming a hero
The Psychological Roots of William James\u27s Thought
Get PDF... [H]ow exactly did James’s personal characteristics, experiences, and concerns impact upon his philosophy? To answer that question we will need to look further back, well before he started publishing the works for which he is best known within philosophy: before, that is, Prag-matism (1907), A Pluralistic Universe (1909), The Meaning of Truth (1909), and the posthumously collected Essays in Radical Empiricism (1912). Before and behind these works was the work that Santayana (among many others) called James’s greatest achievement (Santayana 1920/2009: 585); namely, his monumental Principles of Psychology (1890).2 So the questions we need to ask are: (1) What were the personal characteristics, experiences, and concerns – the personal psy-chology – that shaped James’s thought? (2) How was this personal psychology manifested in his professional psychology? and (3) How was his philosophy rooted in his psychology, both personal and professional? We will find that these questions are stated too simply, since the formation of James’s philosophical views was under way from the very beginning. But with appropriate qualifications along the way, this division of labor and progression – from the personal context of James’s life to the development of his psychology and thence to the articulation of his philosophy – will provide an effective means of elucidating the personal nature of James’s thought
A Year of Monumental Change: A Review of Virginia\u27s 2021 General Assembly Regular and Special Sessions
Get PDFBetween the abolition of the death penalty and the continued fallout from
the COVID-19 pandemic, the Virginia General Assembly had a full plate of
legislative priorities in 2021. This Article will provide a summary of the major
bills that were introduced, passed, or that failed during the 2021 Regular
and Special Sessions. The other articles within this issue cover the following
topics in depth: reproductive justice, criminal justice legal reform, housing
policy concerns during the pandemic, cannabis legalization, and environmental
justice. This Article summarizes legislation grouped in the following
parts: I. Civil and Criminal law, II. Education, III. Labor and Commerce, IV.
Housing, V. Immigration, VI. Voting rights, and VII. The Environment
Notions of Genuine Friendship that Western and Chinese Cultures Share
No full textThis passage makes the comparative analysis about the notions of friendship from the Western and Chinese culture, then systematically lists the common ground from these two cultures. The passage mainly compares the philosophy of friendship in these two cultures from three perspectives: 1) Foundation and the perfect type of friendship, 2) Attitudes towards whether inequality exists in true friendships, and 3) Grounds for dissolving Friendship. Also, examples from Eileen Chang’s book Love in a Fallen City provide vivid demonstrations of the magical common grounds found in philosophical works from these two cultures
The Intergenerational Equity Case for a Wealth Tax
Get PDFIntergenerational equity is commonly set aside in favor of other policy objectives, perhaps because of the extreme challenges inherent in adopting and applying an intergenerational equity normative framework. Even when there is a near consensus that the choices of today will have substantial costs in the future, these costs are often downplayed or disregarded. This Article asks whether there are measures that might offer redress to a generation for the costs imposed on it by its predecessors and finds that a one-time wealth tax is a promising option. Although its analysis applies more generally, this Article focuses on the widely understood intergenerational consequences of unsustainable deficits. While there is little evidence to suggest that the U.S. government’s current debt is near a crisis level, there is widespread concern about the pace at which the debt is growing. Eventually the rate at which the U.S. borrows must slow. When this happens, the government is likely to raise taxes, and the taxpayers affected will bear the burden of their predecessors’ deficit spending. If the tax increase is substantial and sudden, the newly burdened taxpayers may be worse off than their predecessors, and there will be a violation of intergenerational equity. This Article shows that the burden of a one-time wealth tax would be distributed approximately proportionally to the benefit that taxpayers, during the era of unsustainable deficits, derived from those deficits. In doing so, this Article offers a novel justification for wealth taxes: to restore intergenerational equity
Outlier Prediction and Training Set Modification to Reduce Catastrophic Outlier Redshift Estimates in Large-Scale Surveys.
No full textWe present results of using individual galaxies\u27 probability distribution over redshift as a method of identifying potential catastrophic outliers in empirical photometric redshift estimation. In the course of developing this approach we develop a method of modification of the redshift distribution of training sets to improve both the baseline accuracy of high redshift (z \u3e 1.5) estimation as well as catastrophic outlier mitigation. We demonstrate these using two real test data sets and one simulated test data set spanning a wide redshift range (0 \u3c z \u3c 4). Results presented here inform an example prescription that can be applied as a realistic photometric redshift estimation scenario for a hypothetical large-scale survey. We find that with appropriate optimization, we can identify a significant percentage (\u3e30%) of catastrophic outlier galaxies while simultaneously incorrectly flagging only a small percentage (\u3c7% and in many cases \u3c3%) of non-outlier galaxies as catastrophic outliers. We find also that our training set redshift distribution modification results in a significant (\u3e10) percentage point decrease of outlier galaxies for z \u3e 1.5 with only a small (\u3c3) percentage point increase of outlier galaxies for z \u3c 1.5 compared to the unmodified training set. In addition, we find that this modification can in some cases cause a significant (∼20) percentage point decrease of galaxies which are non-outliers but which have been incorrectly identified as outliers, while in other cases cause only a small (\u3c1) increase in this metric