{"title":"Discrimination in the Age of Social Media: The New Dangers of Cat's Paw Liability","authors":"Taylor N. Brailey","doi":"10.5195/JLC.2017.119","DOIUrl":"https://doi.org/10.5195/JLC.2017.119","url":null,"abstract":"","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":"38 1","pages":"271-288"},"PeriodicalIF":0.0,"publicationDate":"2017-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76292114","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Constitutionality of Panhandling Ordinances: Making \"Cents\" Out of Reed v. Town of Gilbert","authors":"M. Smith","doi":"10.5195/JLC.2017.123","DOIUrl":"https://doi.org/10.5195/JLC.2017.123","url":null,"abstract":"","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":"67 1","pages":"255-270"},"PeriodicalIF":0.0,"publicationDate":"2017-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87263857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Parr v. Aruba Petroleum, Inc. made headlines in 2014 for being the first hydraulic fracturing (“fracking”) case to result in a jury verdict. In Parr , a Texas jury awarded $2.925 million to compensate the Parr family for injuries sustained as a result of Aruba Petroleum’s nearby fracking activities. Of the nearly $3 million verdict, the jury awarded $275,000 for diminution in property value. Thanks to the fiercely litigated and highly publicized trial and appeal, scholars, practitioners and academics received a rare glimpse into an area of litigation otherwise insulated from public view by out of court resolutions and confidential settlement agreements. In this interdisciplinary paper we will provide an overview of the valuation process, addressing issues specific to diminution in value in the context of fracking and similar incidences of environmental contamination. We will then explain the various appraisal methods within the context of real estate litigation, including the Sales Comparison Approach, Income Approach and Cost Approach. Using Parr as a test case, we will then analyze the unique appraisal challenges presented by the hydraulic fracturing and analogous toxic torts fact patterns, evaluating the probative value and persuasive necessity of each approach. Finally, we will make predictions about the rapidly evolving fracking litigation sphere, analyzing new challenges presented to homeowners, energy companies and the judiciary when faced with allegations of diminished property values.
Parr v. Aruba Petroleum, Inc.在2014年成为第一个导致陪审团裁决的水力压裂(fracking)案件的头条新闻。在Parr一案中，德克萨斯州的一个陪审团判给Parr一家292.5万美元的赔偿金，以赔偿因Aruba石油公司附近的水力压裂活动而遭受的伤害。在近300万美元的判决中，陪审团判以27.5万美元赔偿财产价值的损失。由于激烈的诉讼和高度公开的审判和上诉，学者、从业者和学者们难得地看到了一个诉讼领域，否则就会被庭外决议和保密和解协议隔离在公众视野之外。在这篇跨学科的论文中，我们将概述评估过程，解决在水力压裂和类似环境污染事件背景下价值减少的具体问题。然后，我们将解释房地产诉讼背景下的各种评估方法，包括销售比较法，收入法和成本法。以Parr案例为例，我们将分析水力压裂和类似有毒侵权事实模式所带来的独特评估挑战，评估每种方法的证明价值和说服必要性。最后，我们将对快速发展的水力压裂诉讼领域进行预测，分析房主、能源公司和司法部门在面临财产价值缩水指控时面临的新挑战。
{"title":"On Parr: The Use and Propriety of Appraisal Methods in Computing Fracking Awards","authors":"H. Goldberg, Ray R. Calnan","doi":"10.5195/JLC.2016.118","DOIUrl":"https://doi.org/10.5195/JLC.2016.118","url":null,"abstract":"Parr v. Aruba Petroleum, Inc. made headlines in 2014 for being the first hydraulic fracturing (“fracking”) case to result in a jury verdict. In Parr , a Texas jury awarded $2.925 million to compensate the Parr family for injuries sustained as a result of Aruba Petroleum’s nearby fracking activities. Of the nearly $3 million verdict, the jury awarded $275,000 for diminution in property value. Thanks to the fiercely litigated and highly publicized trial and appeal, scholars, practitioners and academics received a rare glimpse into an area of litigation otherwise insulated from public view by out of court resolutions and confidential settlement agreements. In this interdisciplinary paper we will provide an overview of the valuation process, addressing issues specific to diminution in value in the context of fracking and similar incidences of environmental contamination. We will then explain the various appraisal methods within the context of real estate litigation, including the Sales Comparison Approach, Income Approach and Cost Approach. Using Parr as a test case, we will then analyze the unique appraisal challenges presented by the hydraulic fracturing and analogous toxic torts fact patterns, evaluating the probative value and persuasive necessity of each approach. Finally, we will make predictions about the rapidly evolving fracking litigation sphere, analyzing new challenges presented to homeowners, energy companies and the judiciary when faced with allegations of diminished property values.","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2017-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81338576","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Clearing the Air: How an Effective Transparency Policy Can Help the U.S. Meet its Paris Agreement Promise","authors":"H. Baldwin","doi":"10.5195/jlc.2016.115","DOIUrl":"https://doi.org/10.5195/jlc.2016.115","url":null,"abstract":"","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":"81 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2017-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85855242","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Industrial robots have been increasingly used for decades and the International Federation of Robotics predicts that 1.3 million more of such humanoids will be installed in factories across the globe between 2015 and 2018. While robots are deemed beneficial for industrial production, they pose a serious threat to our health and safety. Meanwhile, robots have killed many people and gravely injured numerous others in different countries. Policymakers around the world remain largely unmoved about resolving the uncertainty over the specificity of which persons should go on trial for such killings. This article examines the principles of common law governing manslaughter by criminal negligence with particular reference to Australia; however, it will generally apply to other common law countries as well. It finds that while it would be theoretically possible to identify the potential accused of workplace deaths caused by robots, we consider that the common law identification doctrine in practice will be a bar to successful prosecutions against corporate employers given the specific complexities associated with the usage of industrial robots. This article therefore submits a recommendation with justifications for dealing with this serious offence by enacting appropriate manslaughter law for the effective regulation of robots provoked fatalities.
几十年来，工业机器人的使用越来越多，国际机器人联合会(International Federation of Robotics)预测，2015年至2018年间，全球各地的工厂将安装130万台这样的人形机器人。虽然机器人被认为对工业生产有益，但它们对我们的健康和安全构成了严重威胁。与此同时，在不同的国家，机器人已经杀死了许多人，并严重伤害了许多人。世界各地的政策制定者在解决哪些人应该因此类杀戮而接受审判的不确定性方面基本上无动于衷。本文以澳大利亚为例，考察了普通法中有关过失杀人的原则;然而，它通常也适用于其他普通法国家。报告认为，虽然从理论上可以确定机器人造成的工作场所死亡的潜在被告，但我们认为，鉴于工业机器人使用的具体复杂性，在实践中，普通法识别原则将成为对企业雇主成功起诉的障碍。因此，本文提出了一项建议，通过制定适当的过失杀人法来有效管理机器人引发的死亡事件，从而处理这一严重罪行。
{"title":"Corporate Manslaughter by Industrial Robots at Work: Who Should Go on Trial under the Principles of Common Law Australia?","authors":"S. M. Solaiman","doi":"10.5195/jlc.2016.117","DOIUrl":"https://doi.org/10.5195/jlc.2016.117","url":null,"abstract":"Industrial robots have been increasingly used for decades and the International Federation of Robotics predicts that 1.3 million more of such humanoids will be installed in factories across the globe between 2015 and 2018. While robots are deemed beneficial for industrial production, they pose a serious threat to our health and safety. Meanwhile, robots have killed many people and gravely injured numerous others in different countries. Policymakers around the world remain largely unmoved about resolving the uncertainty over the specificity of which persons should go on trial for such killings. This article examines the principles of common law governing manslaughter by criminal negligence with particular reference to Australia; however, it will generally apply to other common law countries as well. It finds that while it would be theoretically possible to identify the potential accused of workplace deaths caused by robots, we consider that the common law identification doctrine in practice will be a bar to successful prosecutions against corporate employers given the specific complexities associated with the usage of industrial robots. This article therefore submits a recommendation with justifications for dealing with this serious offence by enacting appropriate manslaughter law for the effective regulation of robots provoked fatalities.","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":"40 1","pages":"21"},"PeriodicalIF":0.0,"publicationDate":"2017-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82511029","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Over a decade ago, Francesco Mazzotta penned a penetrating article on the issue of determination of interest rate under Article 78 of the Convention on Contracts for the International Sale of Goods (CISG), which pierced academic discussions at the time, and won a much deserved Schmitthoff research award. It was appropriately entitled: "CISG Article 78: Endless disagreement among commentators, much less among the courts." After finding a similar phenomenon of "much ado about nothing," in relation to the application of Article 79 and the issue of hardship, the authors were inspired to undertake a similar debunking of a similar myth, in Mazzotta's vein. We hope it may inspire others to pursue pragmatic and empirical research issues.
{"title":"Hardly Room for Hardship - A Functional Review of Article 79 of the CISG","authors":"David Kuster, C. Andersen","doi":"10.5195/jlc.2016.116","DOIUrl":"https://doi.org/10.5195/jlc.2016.116","url":null,"abstract":"Over a decade ago, Francesco Mazzotta penned a penetrating article on the issue of determination of interest rate under Article 78 of the Convention on Contracts for the International Sale of Goods (CISG), which pierced academic discussions at the time, and won a much deserved Schmitthoff research award. It was appropriately entitled: \"CISG Article 78: Endless disagreement among commentators, much less among the courts.\" After finding a similar phenomenon of \"much ado about nothing,\" in relation to the application of Article 79 and the issue of hardship, the authors were inspired to undertake a similar debunking of a similar myth, in Mazzotta's vein. We hope it may inspire others to pursue pragmatic and empirical research issues.","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":"112 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2017-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80034350","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Transitioning Into Modern Society: Why The Law Is Not \"Keeping Up\" With Gender Identity","authors":"G. M. Kelly","doi":"10.5195/JLC.2016.114","DOIUrl":"https://doi.org/10.5195/JLC.2016.114","url":null,"abstract":"","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":"62 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2017-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79974705","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.
{"title":"An Approach to the Regulation of Spanish Banking Foundations","authors":"Miguel Muñoz","doi":"10.5195/jlc.2016.104","DOIUrl":"https://doi.org/10.5195/jlc.2016.104","url":null,"abstract":"The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":"59 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2016-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76247539","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Beyond Fracking: How Robinson Township Alters Pennsylvania Municipal Zoning Rights","authors":"Christian C. Hagen-Frederiksen","doi":"10.5195/JLC.2016.101","DOIUrl":"https://doi.org/10.5195/JLC.2016.101","url":null,"abstract":"","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":"31 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2016-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75960459","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Nursing Homes and Mandatory Arbitration Clauses","authors":"A. Mathieu","doi":"10.5195/jlc.2016.100","DOIUrl":"https://doi.org/10.5195/jlc.2016.100","url":null,"abstract":"","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2016-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87068851","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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