This issue's "Legal Briefing" column covers recent legal developments involving informed consent.1 We covered this topic in previous articles in The Journal of Clinical Ethics.2 But an updated discussion is warranted. First, informed consent remains a central and critically important issue in clinical ethics. Second, there have been numerous significant legal changes over the past year. We cate...

Against the threat of online banking theft, governments are imposing two different types of legal schemes: strict liability and negligence. Countries like the U.S. are imposing strict liability on online banking transactions to ensure that service providers like banks take more care. However, under strict liability banks does not provide adequate client security measures. Countries like Korea a...

Negative and positive externalities pose symmetrical problems to social welfare. The law internalizes negative externalities by providing general tort liability rules. According to such rules, those who cause harm to others should pay compensation. In theory, in the presence of positive externalities, negative liability should apply: those who produce benefits should be paid a compensatory awar...

Professor Blumstein's timely article deals with two competing paradigms that provide the poles in the spectrum of legal liability regimes. The "professional" or "scientific" model of liability assumes a rigidly normative approach to medical practice while the second more recent paradigm reflects the principles of marketplace economics in considering cost and resource availability to determine q...

This note argues that Japan’s former product liability system deprived consumers of adequate protection against product defects. This note also argues that Japan’s changing economic and political conditions necessitated the introduction of strict liability. Part I examines the development of the Japanese legal system, traces the history of product liability in Japan, and discusses the structura...

Physicians typically carry virtually complete malpractice insurance coverage. This contradicts standard theoretical predictions that under a negligence rule of liability there should be no demand for insurance, and insurance policies under moral hazard will contain co-payment provisions. It is argued that judicial 'errors' in defining negligence generate a demand for liability and legal defense...

one example of unfair competition is competition through discrediting a competitor. french doctrine and precedent has been accepted and it has explained this legal entity. but the richness of the iranian legal literature on this subject is not enough. therefore, in this paper a review of unfair competition, while explaining the concept and its variants, and based on the analysis of the resultin...