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Journal articles on the topic 'Relational liability'

Author: Grafiati

Published: 10 March 2023

Last updated: 31 July 2025

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1

Fong, Yuk-fai, and Jin Li. "Relational contracts, limited liability, and employment dynamics." Journal of Economic Theory 169 (May 2017): 270–93. http://dx.doi.org/10.1016/j.jet.2017.02.006.

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George, Darren. "The Impact of Outside Friendships on Relational Satisfaction for Dating and Married Couples." Psychology & Psychological Research International Journal 8, no. 3 (2023): 1–16. http://dx.doi.org/10.23880/pprij-16000350.

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The influence of outside friendship on Couples’ relational satisfaction (RS) was explored with a sample of 444 romantically involved participants from central Alberta. There were, therefore, 222 couples, 89 of the couples were dating or engaged; 133 of the couples were Married or cohabitating. All couples were heterosexual. The primary focus of the study was to identify the relationship between the number and quality of outside friendships and relational satisfaction of the couples. Friendships were divided into three types: unshared (individual) friends, family friends, and shared (mutual) fr

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Seitz, John C. "Keep Research Weird: Psychoanalytic Techniques and Fieldwork in the Study of Religion." Method & Theory in the Study of Religion 25, no. 1 (2013): 26–52. http://dx.doi.org/10.1163/15700682-12341257.

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Abstract Contemporary ethnographic fieldwork in the study of religion has made a relational turn. Research in this field is often explicitly conceived as a relationship between scholars and those they seek to understand. Knowledge is inter-subjective, the field agrees, and the only reasonable way to move forward is in open acknowledgement of this through attentiveness to the relational character of research. This paper aims to augment this relational turn by considering and addressing the risks it entails. Drawing on research experience among Catholics in Boston, it identifies normalization as

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Guercini, Simone, and Matilde Milanesi. "Understanding changes within business networks: evidences from the international expansion of fashion firms." Journal of Business & Industrial Marketing 34, no. 1 (2019): 192–204. http://dx.doi.org/10.1108/jbim-03-2017-0062.

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Purpose The purpose of this paper is to address the topic of business network dynamics and identify different relational paths, as forms of change in business relationships and related types of network change. The paper contributes to the literature on business network dynamics by providing an understanding of relational paths in the context of firms’ internationalization and shading light on different forms of change in business relationships and types of network change. The paper also contributes to the understanding of liabilities in internationalization that has to do with business network

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Vartanyan, S. G. "Relational Subjective Rights: Problematic Aspects of Identification within the Structure of Legal Relations." Actual Problems of Russian Law 20, no. 5 (2025): 39–52. https://doi.org/10.17803/1994-1471.2025.174.5.039-052.

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The paper analyzes the concept of relational subjective rights as rights in relation to a certain person, examines the problematic issues of their definition, and compares them with absolute rights. Based on an analysis of the theory of subjective rights, approaches to understanding their essence, the author draws a conclusion about the relational nature of any subjective right that reflects the principle of relativity in law. However, when the relationship between a legally enforceable possibility and necessity is direct an corresponding, the subjective right is characterized as relational, t

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Ordolis, Emilia. "Maternal Substance Abuse and the Limits of Law: A Relational Challenge." Alberta Law Review 46, no. 1 (2008): 119. http://dx.doi.org/10.29173/alr240.

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In an effort to respond to the issue of maternal substance abuse, the following article aims to explore potential alternatives to a paradigm which posits maternal autonomy and fetal interests as inherently conflictual. More specifically, it investigates whether, in the context of maternal civil liability for alcohol and drug use, a relational perspective that promotes healthy maternal and fetal outcomes can be reconciled with an approach that respects women’s reproductive autonomy. In responding to this question, the following discussion will examine the concerns that surround legal interventi

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Faleiros Júnior, José Luiz de Moura. "Algorithmic torts." Brazilian Journal of Law, Technology and Innovation 2, no. 1 (2024): 210–24. http://dx.doi.org/10.59224/bjlti.v2i1.210-224.

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The purpose of this paper is to elucidate the intersection of algorithmic explainability and civil liability, exploring the implications of complex algorithms on legal responsibility. Algorithms, while not inherently intelligent, depend on data to present probabilistic predictions, differing significantly from human intuition. The core of this study lies in examining the limits of liability for damages caused by sophisticated algorithms, considering their inherent unpredictability. By analyzing the accountability framework proposed by scholars like Frank Pasquale, Mark Coeckelbergh, and Giovan

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Pawlovich, Michael D., Edward J. Jaselskis, and Reginald R. Souleyrette. "Emerging Concepts in Innovative Sign Management Programs." Transportation Research Record: Journal of the Transportation Research Board 1553, no. 1 (1996): 12–17. http://dx.doi.org/10.1177/0361198196155300102.

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Transportation agencies deploy and maintain millions of traffic signs in the United States. These include regulatory, warning, guide, work zone, motorist service, recreational and cultural interest, and tourist signs. Managing these large inventories under increasing requirements for reporting, accountability, and liability has caused many transportation agencies to reexamine sign management techniques. Conventional methods of sign management, which range from paper-based systems to relational data bases, have limited capabilities and inherent inefficiencies. Additionally, liability concerns a

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Hanganu, Bianca, Irina Smaranda Manoilescu, Cristian Paparau, et al. "Why Are Patients Unhappy with Their Healthcare? A Romanian Physicians’ Perspective." International Journal of Environmental Research and Public Health 19, no. 15 (2022): 9460. http://dx.doi.org/10.3390/ijerph19159460.

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Background: Medical professional liability complaints are not triggered by a single factor, but rather by multiple factors, each having more or less implications, such as the characteristics of the physician, the medical system, the patients, the complexity of their pathology, and the inherent limits of medicine. Knowledge about the factors that initiate the complaint procedure is essential to identify the targeted measures to limit their prevalence and impact. The purpose of this study was to identify the reasons behind the malpractice complaints and the factors that may influence the initiat

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Kulchina, Elena, and Joanne Oxley. "Relational Contracts and Managerial Delegation: Evidence from Foreign Entrepreneurs in Russia." Organization Science 31, no. 3 (2020): 628–48. http://dx.doi.org/10.1287/orsc.2019.1329.

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We examine the managerial delegation decisions of foreign entrepreneurs and assess how these decisions are shaped by characteristics of the local product and labor market environment. We argue that actual or perceived home bias in court proceedings leads foreign entrepreneurs to place little reliance on formal contracts in their dealings with local agent-managers. Adopting the lens of relational contract theory, we develop hypotheses linking managerial delegation decisions to market conditions associated with stable self-enforcing agreements and test the hypotheses in the context of post-Sovie

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McDonald, Louisa. "AI Systems and Liability: An Assessment of the Applicability of Strict Liability & A Case for Limited Legal Personhood for AI." St Andrews Law Journal 3, no. 1 (2023): 5–21. http://dx.doi.org/10.15664/stalj.v3i1.2645.

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Recent advances in artificial intelligence (AI) and machine learning have prompted discussion about whether conventional liability laws can be applicable to AI systems which manifest a high degree of autonomy. Users and developers of such AI systems may meet neither the epistemic (sufficient degree of awareness of what is happening) nor control (control over the actions performed) conditions of personal responsibility for the actions of the system at hand, and therefore, conventional liability schemes may seem to be inapplicable[1]. The recently adopted AI Liability Directive [2022] has

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Kazachenko, Oleksandr V., Olesia K. Vasyliaka, Larysa V. Chornozub, and Olha M. Musychenko. "Taxonomy of compulsory and incentive legal consequences (legal measures) of committing illegal acts." Cuestiones Políticas 38, Especial II (2020): 151–68. http://dx.doi.org/10.46398/cuestpol.382e.11.

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The article is prepared for the purpose of publishing the results of scientific research obtained in the process of applying the taxonomic methodology for systematization of measures of legal influence. The methodology used the approaches of philosophical and legal theorization, a dog and systemic functional. One way of conclusion is proposed for the first time to use the taxonomies of legal measures. The study highlighted three aspects of legal measures: relational, predicate and functional. The relational manifestation of taxonomy allowed to identify the substrate of the external form of leg

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Baron, Marie-Laure, and Claire Capo. "The Impact of Proximity on Resistance to Foreign Ventures: The Cases of India and Japan." Copenhagen Journal of Asian Studies 34, no. 2 (2017): 77–107. http://dx.doi.org/10.22439/cjas.v34i2.5307.

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Over the years, a body of literature has developed that consistently shows how the liability of foreignness affects MNCs' performance. Institutional distance − regulatory, normative and cognitive − between the incomer and insiders has been identified as the likely source of the highest cost in doing business abroad. In this article, we draw on the existing literature but take the opposite perspective, looking instead at how various dimensions of proximity between local players increase MNC distance and foster local resistance. The study investigates two contexts and cases, India and Japan, at

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Kalderimis, Daniel. "Contractual Economic Loss in New Zealand - "Who, then, is my neighbour" Really?" Victoria University of Wellington Law Review 29, no. 2 (1999): 193. http://dx.doi.org/10.26686/vuwlr.v29i2.6034.

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This article is concerned with the issue of when contractual relational economic loss is, and should be, recoverable in New Zealand.Traditionally this question has been narrowly framed as a debate over whether an ancient legal rule should continue to apply. Recent cases, however, have injected this rule with modern analysis. It has become clear that the debate over the rule is really a debate over which concepts should control negligence liability. This article examines both the rule and its modern day implications. The article examines in turn the New Zealand approach, comparative approaches,

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Leaver, Adam, and Keir Martin. "‘Dams and flows’: boundary formation and dislocation in the financialised firm." Review of Evolutionary Political Economy 2, no. 3 (2021): 403–29. http://dx.doi.org/10.1007/s43253-021-00057-0.

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Abstract Mainstream economic theories of the firm argue that the boundary between firm and market is determined by efficiency-enhancing logics which optimise coordination or bargaining outcomes. Drawing on social anthropological work, this paper critiques these accounts, arguing instead that firms are socially embedded and that firm boundary formation should therefore be understood as an attempt to fix the limits of certain relational rights and obligations that are moral in their conception. Consequently, boundaries are often contested and subject to renegotiation. We employ the parsimonious

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Shanks, Torrey. "The Rhetoric of Self-Ownership." Political Theory 47, no. 3 (2018): 311–37. http://dx.doi.org/10.1177/0090591718786471.

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This essay considers self-ownership as a rhetorical and political practice. Scholarly attention to the rhetoric of self-ownership, notably in feminist theory, often rejects the term for its capacity to distort and fragment notions of the self, the body, social relations, and labor. The ambiguous character of self-ownership, in this view, carries the risk of subversion of more inclusive and relational uses. Adopting a broader notion of rhetoric as creative and effective speech, I recast self-ownership from this critical depiction through a revised understanding of C. B. Macpherson’s possessive

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Madubuko, Christian C. "Humility in Diplomatic Service: The Exemplary Journey of Ambassador Bello Kazaure Husseini – A Personal Narrative." American Journal of International Relations 9, no. 8 (2024): 1–35. https://doi.org/10.47672/ajir.2552.

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Purpose: This paper interrogates the indispensable role of humility within the diplomatic sphere, utilizing the exemplary career of Ambassador Bello Kazaure Husseini as a case study. The research aims to elucidate how humility acts as a facilitator of trust, strengthens diplomatic relations, and augments negotiation effectiveness, thereby challenging conventional paradigms that perceive humility as a liability in the realm of international relations. Materials and Method: Employing a qualitative methodology, this study conducts an in-depth analysis of Husseini’s multifaceted experiences - rang

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Berrey, Ellen. "MAKING A CIVIL RIGHTS CLAIM FOR AFFIRMATIVE ACTION." Du Bois Review: Social Science Research on Race 12, no. 2 (2015): 375–405. http://dx.doi.org/10.1017/s1742058x15000156.

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AbstractThe politics of affirmative action are currently structured as a litigious conflict among elites taking polarized stances. Opponents call for colorblindness, and defenders champion diversity. How can marginalized activists subvert the dominant terms of legal debate? To what extent can they establish their legitimacy? This paper advances legal mobilization theory by analytically foregrounding the field of contention and the relational production of meaning among social movement organizations. The case for study is two landmark United States Supreme Court cases that contested the Univers

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Hayati, Adis Nur, Dewi Analis Indriyani, Nurangga Firmanditya, and Harison Citrawan. "The Vocabulary of Right Under the Indonesian Constitution: A Hohfeldian Analysis." Constitutional Review 10, no. 1 (2024): 234. http://dx.doi.org/10.31078/consrev1018.

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This article demonstrates how the Indonesian Constitutional Court interprets the term ‘right’ when deciding issue-level questions involving constitutional doctrine. In doing so, we employ the Hohfeldian scheme that configures right into four different meanings of claim right, privilege, power, and immunity. By looking at the molecular configuration of rights in the context of freedom of religion, natural resource control, educational policies, and fair trial, this we contend that the right under the constitution is interpreted by the Court in a dynamic-yet-configured fashion. In this sense, ‘d

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Mark, Matthew C. Hervias, and P. Osal Josel. "Awareness, Utilization and Satisfaction of the Products of an Insurance Broker." International Journal of Social Science And Human Research 06, no. 03 (2023): 1734–58. https://doi.org/10.5281/zenodo.7774381.

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This study was conducted to determine the level of awareness, the extent of utilization, and satisfaction of the participants with insurance broker products. This descriptive-relational research used a survey. There were 210 Insurance Broker clients who answered the researcher’s made questionnaire. The statistical tools used were the weighted mean and Spearman’s Ro. The results showed that the level of awareness, the extent of utilization, and the level of satisfaction of the participants were high. The results also showed that there is still a need to enhance the level of awarenes

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Balfoort, Ferdinand, Rachel Francis Baskerville, and Rolf Uwe Fülbier. "Content and context: “fair” values in China." Accounting, Auditing & Accountability Journal 30, no. 2 (2017): 352–77. http://dx.doi.org/10.1108/aaaj-08-2014-1807.

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Purpose The evolution of International Financial Reporting Standards (IFRS) was nurtured by economists and accountants loyal to the philosophical basis of what is often referred to as “Western” market economies, being classical and neoclassical contracting theories. The purpose of this paper is to illustrate how a particular Asian cultural attribute (guānxì ) impacts on the efficacy of fair value measurement. Design/methodology/approach Using a literature review and research of studies of the adoption of IFRS in China, studies of both guānxì and fair value in Chinese accounting research, this

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Musychenko, Olha Mykhailivna. "Systematisation of criminal law measures in the Draft Criminal Code of Ukraine." Herald of the Association of Criminal Law of Ukraine 2, no. 22 (2024): 116–32. https://doi.org/10.21564/2311-9640.2024.22.315140.

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The article analyses the criminal legal measures reflected in the Draft Criminal Code of Ukraine through the prism of a taxonomic approach. The author concludes that the criminal legal measures provided in the draft are coherent and clear, achieved by a peculiar legal technique. The authors of the draft took into account the proposals of scholars and practitioners to expand the areas of criminal law influence, which made it possible to build a logical and well-thought-out system of criminal law measures. The author of this paper considers the understanding of criminal liability in the draft as

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Орлов, Ю. В. "Сутність та поняття злочинності: від фрагментації до інтеграції наукового знання". Форум права, № 5 (28 листопада 2017): 271–78. https://doi.org/10.5281/zenodo.1203785.

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Здійснено аналітичний огляд основних сучасних наукових підходів до розуміння злочинності. Відстоюється думка про фрагметованість загальнотеоретичних кримінологічних знань про злочинність та необхідність синтезу їх окремих елементів на компліментарних методологічних засадах. Запропоновано інтегративне поняття злочинності, що виходить з конструктивістської, діяльнісної, інституційної та релятивної її природи як соціального феномену. Осуществлен аналитический обзор основных современных научных подходов к пониманию преступности. Отстаивается мысль о фрагментированности общетеоретических криминолог

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Palvanov, Izzat T. "FEATURES OF COMPULSORY PROFESSIONAL LIABILITY INSURANCE AND ITS ROLE IN INSURANCE RELATIONS." American Journal of Political Science Law and Criminology 5, no. 12 (2023): 58–69. http://dx.doi.org/10.37547/tajpslc/volume05issue12-10.

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George, Babu. "Vulnerability: Validation, Appreciation, and Reciprocation in Business, Personal, and Health Contexts." Health Economics and Management Review 6, no. 1 (2025): 56–70. https://doi.org/10.61093/hem.2025.1-04.

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In this article, the Vulnerability – Validation, Appreciation, and Reciprocation Model is introduced as a conceptual framework for understanding how vulnerability influences mental and physical health outcomes through authentic relationships. Vulnerability, often perceived as a weakness, can serve as a catalyst for trust-building, emotional support, and health resilience when met with Validation, Appreciation, and Reciprocation. This study explores the role of vulnerability in various contexts, including public health, patient-provider interactions, and holistic well-being. By examining vulner

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Swan, Sarah. "Public Duties for the New City." Michigan Law Review, no. 122.2 (2023): 309. http://dx.doi.org/10.36644/mlr.122.2.public.

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The first job of a government is to protect its people, and, in the United States, the government ostensibly performs this job through the police. But policing in America is deeply dysfunctional, as the police not only provide inadequate protection from violent crime, but simultaneously engage in outright acts of brutality against the citizenry. As awareness of these practices has swept across the nation, legal scholars and policymakers have offered numerous reforms and remedies to help solve policing’s problems. The responses have tended to focus on the top of the legal pyramid, using the big

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Vimala, R. "An Analysis of Copyright Violations in Relation to Filmmakers’ Indirect Liability." International Journal of Research Publication and Reviews 5, no. 8 (2024): 3220–23. http://dx.doi.org/10.55248/gengpi.5.0824.2203.

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Fink, Melanie. "EU liability for contributions to Member States breaches of EU law." Common Market Law Review 56, Issue 5 (2019): 1227–64. http://dx.doi.org/10.54648/cola2019101.

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This article analyses the circumstances under which the EU incurs liability for contributing to breaches of EU law committed by Member States. It proposes to distinguish between what will be called primary liability, i.e. the liability that directly arises from the violation committed by the Member State, and associated liability, i.e. the liability arising for having contributed to the Member State’s violation. Systematically analysing the ECJ’s case law on primary and associated EU liability for contributions to breaches of EU law, this article identifies patterns in the Court’s approach and

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Tojaliyev, Ilyasbek. "OFFENSES RELATED TO VIOLATIONS OF CUSTOMS LEGISLATION AND ISSUES OF CRIMINAL LIABILITY IN RELATION TO THEM." Oriental Journal of History, Politics and Law 02, no. 04 (2022): 72–80. http://dx.doi.org/10.37547/supsci-ojhpl-02-04-10.

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the article analyzes the crimes related to the violation of customs legislation and the factors of criminal liability in relation to them. Also, the scientific basis for the prevention of violations, ensuring citizens' compliance with the laws and regulations of the Republic of Uzbekistan is described.

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Bueno, Nicolas, and Claire Bright. "IMPLEMENTING HUMAN RIGHTS DUE DILIGENCE THROUGH CORPORATE CIVIL LIABILITY." International and Comparative Law Quarterly 69, no. 4 (2020): 789–818. http://dx.doi.org/10.1017/s0020589320000305.

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AbstractSince the adoption of the UN Guiding Principles on Business and Human Rights the relationship between human rights due diligence (HRDD) and corporate liability has been a source of legal uncertainty. In order to clarify this relationship, this article compares and contrasts civil liability provisions aiming at implementing HRDD. It explains the legal liability mechanisms in the draft Treaty on Business and Human Rights and in domestic mandatory HRDD legislation and initiatives such as the French Duty of Vigilance Law and the Swiss Responsible Business Initiative. It compares these deve

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Martínez Gutiérrez, Norman A. "New Global Limits of Liability for Maritime Claims." International Community Law Review 15, no. 3 (2013): 341–57. http://dx.doi.org/10.1163/18719732-12341256.

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Abstract The current international regime regulating global limitation of liability for maritime claims is based on the 1976 Convention on Limitation of Liability for Maritime Claims (LLMC Convention) as amended by the 1996 Protocol thereto. This Protocol, in an effort to promote expediency, introduced an efficient system for the updating of the limits of liability through the adoption of a tacit acceptance procedure. In accordance with this procedure, and based on an Australian proposal, the International Maritime Organization (IMO) Legal Committee adopted new limits of liability for maritime

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BrunnÉee, Jutta. "Of Sense And Sensibility: Reflections On International Liability Regimes As Tools For Environmental Protection." International and Comparative Law Quarterly 53, no. 2 (2004): 351–68. http://dx.doi.org/10.1093/iclq/53.2.351.

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There are several reasons, pertaining to both the development of a generallyapplicable framework and the elaboration of issue-specific approaches, why it is timely to reflect on whether liability regimes are an appropriate tool for international environmental protection. At the level of general norms, the International Law Commission (ILC) appears to have arrived at a crossroads, as it must decide whether and how to approach further work on liability for transboundary environmental harm. At the same time, discussions about issuespecific liability regimes have proliferated. Indeed, it seems tha

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Maddox, Jon R. "Products Liability in Europe: Towards a Regime of Strict Liability." Journal of World Trade 19, Issue 5 (1985): 508–21. http://dx.doi.org/10.54648/trad1985054.

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Aparac, Jelena. "Gaps in Corporate Liability." International Community Law Review 23, no. 5 (2021): 486–502. http://dx.doi.org/10.1163/18719732-23050005.

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Abstract Fact-finding is a fundamental step in providing documentation that can be used in domestic and international proceedings. The United Nations establishes commissions of inquiry to investigate international law violations, often in contexts of armed conflict, under the mandate of the Human Rights Council or other more political organs of the UN. They vary in mandate, as well as in investigative and geographic scope. However, to this day, fact-finding mechanisms or inquiry commissions have only rarely conducted investigations into corporate crimes, even in cases where the UN has explicit

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Schermers, Henry G. "Liability of international organizations." Leiden Journal of International Law 1, no. 1 (1988): 3–14. http://dx.doi.org/10.1017/s0922156500000637.

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When in 1985 the International Tin Council was unable to meet its financial obligations, various legal questions arose. It appears that the question of liability of international organizations has, up till now, not been adequately addressed. The article written by Professor Henry G. Schemers is a first attempt in legal literature to examine the liability of international organizations from a theoretical point of view. The author concludes that the principle that everybody is liable for his debts does not apply to international governmental organizations. The liability of governments is, in the

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Petrin, Martin, and Barnali Choudhury. "Group Company Liability." European Business Organization Law Review 19, no. 4 (2018): 771–96. http://dx.doi.org/10.1007/s40804-018-0121-7.

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Dascalopoulou-Livada, Phani, and Alexandros Kolliopoulos. "The Kiev Civil Liability Protocol and the Interaction between Civil and Administrative Liability Regimes." International Community Law Review 19, no. 4-5 (2017): 518–50. http://dx.doi.org/10.1163/18719732-12341361.

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Abstract Τhe Kiev Civil Liability Protocol creates a strict liability regime which channels liability towards the operator, providing also that such liability shall be covered by compulsory insurance. The Protocol implements the “polluter-pays” principle and, unlike other similar regimes, it is neither exclusive nor self-contained, allowing in some instances for the application of other international instruments or of relevant rules of domestic law. It is argued that the Kiev Protocol can coexist with eu Directive 2004/35 on environmental liability, given that the latter opts for an administra

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Thomas, Kristie. "THE PRODUCT LIABILITY SYSTEM IN CHINA: RECENT CHANGES AND PROSPECTS." International and Comparative Law Quarterly 63, no. 3 (2014): 755–75. http://dx.doi.org/10.1017/s0020589314000219.

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AbstractFollowing the enactment of the 2009 Tort Liability Law the product liability system in China is largely complete. This article sketches the development of this system before outlining some of the main substantive provisions in force today and drawing comparisons between the Chinese approach and the US and European provisions. The Article will conclude that China's product liability system provides an interesting case study which enriches the study of global trends and norms in the product liability arena. In line with many other countries, particularly in the Asia-Pacific region, the m

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STEWART, JAMES G. "The End of ‘Modes of Liability’ for International Crimes." Leiden Journal of International Law 25, no. 1 (2012): 165–219. http://dx.doi.org/10.1017/s0922156511000653.

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AbstractModes of liability, such as ordering, instigation, superior responsibility, and joint criminal liability, are arguably the most-discussed topics in modern international criminal justice. In recent years, a wide range of scholars have rebuked some of these modes of liability for compromising basic concepts in liberal notions of blame attribution, thereby reducing international defendants to mere instruments for the promotion of wider sociopolitical objectives. Critics attribute this willingness to depart from orthodox concepts of criminal responsibility to international forces, be they

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Monti, G. "Osman v. UK—Transforming English Negligence Law into French Administrative Law?" International and Comparative Law Quarterly 48, no. 4 (1999): 757–78. http://dx.doi.org/10.1017/s0020589300063673.

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Liability of public authorities is limited in all European countries. In Osman v. UK1 the European Court of Human Rights (“the Court”) has reviewed the scope of English negligence law in a case concerning the liability of the police. On a first reading the judgment may appear to be confined to the facts of the case at hand, but further reflection suggests that the Court has attacked the orthodox approach to negligence liability for public authorities in English law.

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McCARHTY, DAVID. "Liability and Risk." Philosophy Public Affairs 25, no. 3 (1996): 238–62. http://dx.doi.org/10.1111/j.1088-4963.1996.tb00041.x.

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DARCY, SHANE. "Imputed Criminal Liability and the Goals of International Justice." Leiden Journal of International Law 20, no. 2 (2007): 377–404. http://dx.doi.org/10.1017/s0922156507004116.

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This article considers the suitability of employing particular modes of imputed criminal liability in trials before international criminal tribunals. It focuses specifically on the doctrines of joint criminal enterprise and superior responsibility, two forms of liability which are central to many contemporary international criminal proceedings. Both doctrines can involve a broad form of criminal liability which may not be entirely appropriate when one considers the context in which such trials take place and the significance which often attaches to them. Proponents of international justice hav

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Lock, Tobias. "Is private enforcement of EU law through State liability a myth? An assessment 20 years after Francovich." Common Market Law Review 49, Issue 5 (2012): 1675–702. http://dx.doi.org/10.54648/cola2012095.

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This article assesses the success of Member State liability as a tool for the private enforcement of European Union law. The argument made is that Member State liability, first established 20 years ago in the Francovich case, is not a suitable and reliable mechanism to compensate for the weaknesses of public enforcement. The argument is based on statistical findings concerning the case law on Member State liability in two key Member State jurisdictions, England and Germany. The findings reveal that surprisingly little litigation has taken place so far and that only a handful of cases were liti

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SáCouto, Susana, Leila Nadya Sadat, and Patricia Viseur Sellers. "Collective criminality and sexual violence: Fixing a failed approach." Leiden Journal of International Law 33, no. 1 (2019): 207–41. http://dx.doi.org/10.1017/s092215651900061x.

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AbstractInternational criminal tribunals have developed a number of legal theories designed to hold individuals responsible for their role in collective criminal conduct. These doctrines of criminal participation, known as modes of liability, are the subject of significant scholarly commentary. Yet missing from much of this debate, particularly as regards the International Criminal Court, has been an analysis of how current doctrine on modes of liability responds to the need to hold collective perpetrators criminally responsible for crimes of sexual and gender-based violence (SGBV). Indeed, ma

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van der Laan, Lousewies S. A. L. B. "The Aerospace Plane: Collisions and Damage to a Third Party on the Surface of the Earth: Which Liability Regime will Rule?" Leiden Journal of International Law 4, no. 2 (1991): 249–80. http://dx.doi.org/10.1017/s0922156500002314.

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The article addresses the establishment of a legal regime concerning liability questions of the aerospace plane. The existing air and space law, as laid down for example in the Chicago Convention and the Outer Space Treaty -especially the definition of the words ‘aircraft’ and ‘space object’-is used as a starting point. The applicability of the existing regimes to the aerospace plane is then evaluated. Two concrete cases, namely liability resulting from damage to third parties on the suiface of the earth and liability after collisions, are presented in depth to illustrate the legal questions t

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Vansant, Robert E. "Liability: Attitudes and Procedures." Journal of Management in Engineering 1, no. 4 (1985): 227–32. http://dx.doi.org/10.1061/(asce)9742-597x(1985)1:4(227).

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Lunch, Milton F. "The Liability Crisis‐Revisited." Journal of Management in Engineering 6, no. 2 (1990): 197–202. http://dx.doi.org/10.1061/(asce)9742-597x(1990)6:2(197).

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Van Eecke, Patrick. "Online service providers and liability: A plea for a balanced approach." Common Market Law Review 48, Issue 5 (2011): 1455–502. http://dx.doi.org/10.54648/cola2011058.

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Internet access providers, online platforms and other intermediaries benefit from a protection against liability claims caused by end-users' illegal or harmful information. This liability limitation is enshrined in the 2000 Directive on Electronic Commerce, a directive considered crucial for a proper functioning of the internal market, the uptake of the information society and the protection of freedom of speech. Throughout the years, the liability protection for online intermediaries seems, however, to have been gradually carved out by case law, particularly on the Member State level. In rece

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FARHANG, CLIFF. "Point of No Return: Joint Criminal Enterprise in Brđanin." Leiden Journal of International Law 23, no. 1 (2010): 137–64. http://dx.doi.org/10.1017/s0922156509990367.

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AbstractIn the Brđanin and Krajišnik judgments, the ICTY Appeals Chamber found that the accused may incur criminal liability for crimes carried out by low-level non-joint criminal enterprise (JCE) physical perpetrators who are used as tools or are otherwise instrumentalized by JCE members other than the accused to carry out the crimes of the common plan. Similarly, the Appeals Chamber held that the accused may also incur liability for crimes of excess committed by non-JCE perpetrators. However, as for the precise nature of liability in such cases, no clarification was provided. From this ambig

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Day, Robert W. "Strategies for Avoiding Civil Liability." Journal of Professional Issues in Engineering Education and Practice 120, no. 3 (1994): 265–69. http://dx.doi.org/10.1061/(asce)1052-3928(1994)120:3(265).

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