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2004 - The Law and Society Association Words: 37 words || 
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1. Pulley Radwan, Theresa. "The Intersection of Bankruptcy Fraud Nondischargeability and Personal Liability for Entity Liabilities" Paper presented at the annual meeting of the The Law and Society Association, Renaissance Hotel, Chicago, Illinois, May 27, 2004 <Not Available>. 2019-11-14 <http://citation.allacademic.com/meta/p117387_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: This presentation will consider various issues regarding the ability of individual debtors to discharge fraud debt in a bankruptcy proceeding, and will bring forth particular issues regarding dischargeability of fraud debt imputed to partners or corporate shareholders.

2004 - The Law and Society Association Words: 47 words || 
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2. Baker, Tom. "Liability Insurance: The Matrix of Liability Law?" Paper presented at the annual meeting of the The Law and Society Association, Renaissance Hotel, Chicago, Illinois, May 27, 2004 <Not Available>. 2019-11-14 <http://citation.allacademic.com/meta/p117367_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Liability insurance is the "Matrix" of liability law. This paper will explicate and interrogate the idea that liability insurance pricing, underwriting, reserving, and claims-handling reflect and create a symbolic order that is based on an underlying "real" legal order ("bargaining in the shadow of the law").

2008 - The Law and Society Association Words: 245 words || 
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3. Keren-Paz, Tsachi. "Clients' Liability in Tort to Victims of Sex-Trafficking: Bases of Liability for Direct Contact" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada, May 27, 2008 <Not Available>. 2019-11-14 <http://citation.allacademic.com/meta/p235325_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper defends the claim that clients who purchased sex services from a forced sex-worker, should be liable for the harm caused to the victim from this encounter and for the violation of her rights, even if the client could not have known that the victim is a forced sex worker.
One avenue for liability is based on the client's fault manifested by the willingness to purchase commercial sex with (real or constructive) knowledge of the existence of forced prostitution, coupled with the (real or constructive) knowledge of the inability to tell whether a specific sex worker is forced or not. Such liability might be based either on battery, or on the tort of negligence.
The second avenue for liability and the paper's recommendation is the imposition of strict liability. Normatively, such regime is supported by notions of fairness (those who benefit from a given activity should bear its costs) and egalitarianism (liability is desirable from a distributive perspective along the distributive lines of gender and class). If it is indeed impossible to engage in purchasing commercial sex without victimising trafficked women, it is only just that victims would be compensated by clients. Doctrinally, such result could be achieved either by a version of the tort of battery which does not exclude liability for honest and reasonable mistakes, or by conceptualising the victim as property, and thus enabling her to enjoy the strict liability protection afforded to owners of property by the tort of conversion.

2004 - The Law and Society Association Words: 301 words || 
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4. Keren-Paz, Tsachi. "A New Perspective on an Old Problem: Negligence, Strict Liability, and Non-Legal Sanctions" Paper presented at the annual meeting of the The Law and Society Association, Renaissance Hotel, Chicago, Illinois, May 27, 2004 <Not Available>. 2019-11-14 <http://citation.allacademic.com/meta/p116905_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: In this paper, I compare negligence and strict liability regimes with respect to their different abilities to generate the imposition of non-legal sanctions on defendants in torts. The analysis in this paper is based on the basic assumption that any given finding of a defendant as liable in torts is likely to subject him or her to more non-legal sanctions if reached under a negligence regime than if reached under a strict liability regime. However, it is not clear which regime will produce more non-legal sanctions overall, since a strict liability regime is likely to produce more findings of liability. The main distinction between the rival regimes’ respective potential to generate non-legal sanctions derives from the fact that, in findings of liability, a strict liability regime pools together negligent and non-negligent defendants. At both the allocative and distributive levels, this pooling effect is likely to lead to a reduction in the investment made by high-risk professionals in precaution costs. Low-risk professionals might either increase their investment in precaution (as the flip-side of this adverse selection coin) or, like the high-risk professionals, reduce that investment in a tragedy-of-the-commons. A strict liability regime might serve as a hedging mechanism for low-risk professionals against the significant reputation loss involved in being found liable under a negligence regime. At the aggregate level, a strict liability regime will produce more non-legal sanctions if market participants overestimate the proportion of faulty defendants out of the pool of defendants found liable under that regime.
The paper critically examines the assumption that a negligence regime is superior to strict liability in that it better signals to potential victims the inadequacy of the professionals being found liable and, in so doing, channels potential victims from higher-risk to lower-risk professionals and reduces the likelihood of occurrence of future accidents.

2007 - The Law and Society Association Words: 298 words || 
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5. Ryan, Desmond. "The Influence of Human Rights Law on the Tortious Liability of Public Authorities" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 25, 2007 <Not Available>. 2019-11-14 <http://citation.allacademic.com/meta/p199548_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Approaching the end of the first decade of the 21st century, the nature of the evolving relationship between human rights law and domestic tort law continues to provoke controversy. The debate has intensified in the last five years as scholars and judges have explored the relationship between the European Convention on Human Rights (“ECHR”) and domestic tort law rules. This debate is, of course, especially live in the context of the imposition of tortious liability upon public authorities.

In this paper, the relationship between the ECHR and domestic tort rules governing public authority liability will be explored by considering two distinct, but connected, questions:

First, what difficulties are involved in the attempt to integrate tort law and human rights? Is the domestic law of tort indeed the product of “a disabling common law culture” that renders it ill-equipped to meet the human rights challenges it now confronts?

Secondly, to what degree (if at all) can the fundamental organising ideas of domestic tort law – such as, for example, the concepts of duty and breach in the tort of negligence – be utilised or developed to promote the vindication of rights?

A fusion of these two separate questions provides a framework for evaluating the potential for a lasting and sustainable torts–human rights relationship. In this comparative, conceptual and theoretical evaluation, focus is placed upon current developments within the two individual torts of greatest centrality in this area: negligence and misfeasance in public office. Aspects of these developments demonstrate a pervasive tension which itself reveals the difficulties inherent in assessing the ongoing influence of the ECHR on domestic tort law.

These difficulties, in turn, prompt the identification of a number of fundamental and challenging questions that now require exploration. This paper ends with a treatment of those questions, with potential responses considered.

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