Clinicians, ethicists and lawyers have long debated the parameters of triage in response to the inevitable disasters that sporadically overwhelm the health care system. Almost universally, they have advocated for open, transparent and consultative triage protocols, guidelines and legislation to...

This updated chapter of the Lexis Treatise, Waters & Water Rights provides an overview of the statutes and cases governing water law in New York State. The state's water law is primarily codified in Article 15 of New York Environmental Conservation Law, with residual issues defined by common...

Currently, there are no adequate mechanisms under international law to balance the competing tensions climate change presents to state sovereignty. On one hand, climate change threatens state sovereignty because the catastrophic loss of life and property of millions of people would deprive...

When the Oscar-winning actress, Julia Roberts, fought for control of the domain name, what was her aim? Did she want to reap economic benefits from the name? Probably not, as she has not used the name since it was transferred to her. Or did she want to prevent others from using it on either an...

This article reviews the European Union's new Regulation on tort conflicts ("Rome II"), which unifies and "federalizes" the member states' laws on this subject. The review accepts the drafters' pragmatic premise that a rule-system built around the lex loci delicti as the basic rule, rather than...

Harvard Business School requires MBA students to take a leadership course based on a practical framework for decision making that combines economics, law, and ethics. By broadening economics to strategy, this triadic framework can enable law students in Contracts and Torts courses to move beyond...

This Article seeks to improve enforcement of the duty of companies to safeguard personal data in their possession. It is notoriously difficult for data breach victims to succeed in class actions against companies that failed to take reasonable steps to safeguard their personal data. Many...

This Article is an invited contribution to a symposium held at Duke University Law School under the title quot;The New European Choice-of-Law Revolution: Lessons for the United States?quot; The Article disputes part of this title by contending that, unlike its American counterpart, European...

Punitive damages present a significant issue in American law. Phillip Morris v. Williams - the United States Supreme Court's most recent foray into punitive damages litigation - has once again raised procedural and substantive due process matters regarding fairness to defendants and reawakened...

This is the Twentieth Annual Survey of American Choice-of-Law Cases. It covers cases decided by American state or federal courts from January 1 to December 31, 2006, and reported during the same period. Of the 2,598 conflicts cases that met both of these parameters, the Survey focuses on the...