Suchergebnisse

This article looks at the more recent efforts to erode the principles of limitation of liability that have served as the cornerstone of Internet regulation for some years. We will briefly study existing legislation and then we will chart the latest efforts to see the attacks on these limits, particularly by the introduction of graduated response, and the case law that seeks other solutions, such as filtering and blocking. (This is an unedited version of the final book chapter)

While Virginia is not typically seen as "progressive" in the field of product liability law, the Commonwealth is nonetheless a forum in which these product liability battles take place. This article summarizes selected decisions of the United States Court of Appeals for the Fourth Circuit, federal district courts in Virginia, and courts of the Commonwealth issued between July 1, 2004 and May 15, 2005. This article also includes a discussion of the most relevant legislative changes made by the Virginia General Assembly over the same time period. While a complete analysis of every decision and statute affecting product liability is not possible, this article summarizes those which should be the most useful to practitioners in Virginia.

THIS PAPER ADDRESSES THE ISSUES OF WHETHER HAVING CAUSED HARM SHOULD BE A NECESSARY CONDITION FOR LIABILITY FOR THAT HARM, AND IF SO, WHY. THE AUTHOR EXAMINES JUDITH THOMSON'S ARGUMENT IN FAVOR OF AN UN-KANTIAN ANSWER TO THIS QUESTION, AND POINTS TO WHAT THE AUTHOR BELIEVES ARE THE INADEQUACIES OF THIS ARGUMENT AGAINST KANTIANISM.