A Song of Ice and Fire

Offshore methane hydrates have recently made headlines as various countries began experimenting with methods of exploration and extraction of the resource. The value and abundance of this resource presents many exciting opportunities as researchers and developers begin to contemplate the possibility of commercial development of methane hydrate reserves. This Comment seeks to explore the legal regulations in place and assess whether the current legal regime, both in the United States and internationally, would be able to efficiently regulate methane hydrates and their unique composition due to difficulties stemming from exploration and extraction. In particular, this Comment will look at how to impose liability after an accident resulting from exploration and extraction of offshore methane hydrates. Ultimately, because of their unique nature and the narrow focus of current legal institutions that govern liability of off drilling accidents, this Comment recommends the institution of different liability standards to successfully cover the unique problems inherent with Offshore methane hydrates.

Filtering Tort Accidents

Conventional wisdom in the economic analysis of tort law holds that legal errors distort incentives, causing behavior to depart from the optimum. If potential injurers know that courts err, they may engage in less or more than optimal precaution. This article revisits the effect of judicial error on the incentives of potential injurers by identifying a heretofore-neglected filtering effect of uncertainty in settings of imperfect judicial decision-making. We show that when courts make errors in the application of the liability standards, uncertainty about erroneous decision-making filters out the most harmful torts but leaves unaffected less harmful accidents. Our insight applies to various procedural and institutional aspects of legal adjudication, including the randomization of case assignment, the strength of precedent, and the use of standards versus rules.

US Congress will spar over business liability

Significance Senate Majority Leader Mitch McConnell wants to shield corporate defendants from legal liability from some COVID-19 claims, as some states relax their lockdowns. Republicans including President Donald Trump insist that expanding legal immunity is a necessary condition for any additional stimulus bill to pass. Impacts The legal hurdles facing plaintiffs will grow, especially as more Republican-nominated judges are confirmed. Expanding legal liability has stimulated lobbying; changing liability standards will widely affect the disposition of lawsuits. The current lobbying activity will also shape the future pattern of campaign finance contributions.

Prioritizing Environmental Protection: Regulating Sulfide-Ore Mining in the Boundary Waters Canoe Area Wilderness of Northeastern Minnesota

This paper examines the environmental policy implications and environmental risks of engaging in copper-ore sulfide mining in the Boundary Waters Canoe Area Wilderness of Minnesota. The re-instatement of mining leases in the area within the past year has generated significant controversy within the state. Concern over limiting environmental risk through effective regulation sits at the forefront of the prominent debate taking place at the federal, local, and state levels. Currently, Minnesota is not equipped to properly and effectively regulate these mines for environmental protection. With that goal in mind, this analysis argues that regulations must return to—and continue beyond—the status quo ante, established in 2016, by implementing stricter command and control design & performance standards; mandating severance taxation; establishing research and development programs; improving transparency; addressing information asymmetries; and ensuring liability standards for adequate compensation of incurred costs caused by environmental degradation and displaced industries. Implementation of these policy mechanisms will ensure prioritization of environmental preservation of the Arrowhead region of northeastern Minnesota.

Die Pflichten des Personenbeförderers

The comparative work gives a comprehensive overview of the obligations of the passenger carrier in the context of delays, denied boarding and overbooking for carriage by air, rail, ship, bus and coach. It contains a detailed analysis and comparison of French, German, European and international uniform law. After a detailed presentation of the legal sources and principles of the passenger transport contract, the liability standards and legal remedies for typical transport disruptions in form of delay, denied boarding and over-booking are examined. The differences and similarities are compared comprehensively. In particular, the typical causes of disturbances in form of strikes, meteorological conditions and technical defects are examined. The methodological basis is Watson‘s model of legal transplants.

Incorporating Evaluation and Ethics

The final core step in evidence-based practice (EBP) is evaluating the effectiveness of the entire process: the E(valuation) in the mnemonic AAA TIE. In the literature, this skill is typically referred to as monitoring, measuring, or auditing clinical performance. This chapter reviews the evaluation of EBP implementation at three levels: the individual practitioner, the program or administrative unit, and the profession as a whole. The chapter then focuses on risk management, liability standards, and ethical issues—matters typically ignored when considering EBPs. The key ethical considerations in EBP revolve around competence, consent, and public statements; all of these are considered according to the American Psychological Association’s ethics code, which is used as an exemplar for the various codes of behavioral health professions.