Boston College international and comparative law review最新文献

Wanted!: A Practical Application of the Foreign Sovereign Immunities Act to Foreign Reward Offers 想要的!《外国主权豁免法对外国悬赏的实际适用》

Boston College international and comparative law review Pub Date : 2011-09-22 DOI: 10.2139/SSRN.1932319

Timothy E. Donahue

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引用次数: 1

Cyberwarfare and the Use of Force Giving Rise to the Right of Self-Defense 网络战和使用武力产生的自卫权

Boston College international and comparative law review Pub Date : 2009-01-01 DOI: 10.2139/SSRN.1542223

Matthew Hoisington

引用次数: 36

Protecting Human Rights in a Globalized World 在全球化世界中保护人权

Boston College international and comparative law review Pub Date : 2002-01-01 DOI: 10.4324/9781315252964-7

Dinah L. Shelton

引用次数: 40

An international DNA database: balancing hope, privacy, and scientific error. 一个国际DNA数据库:平衡希望、隐私和科学错误。

Boston College international and comparative law review Pub Date : 2001-01-01

A Puri

引用次数: 0

Baa, baa cloned sheep, have you any law? Legislative responses to animal cloning in the European Union and the United States. 咩，咩，克隆羊，你有什么法律吗?欧盟和美国对动物克隆的立法反应。

Boston College international and comparative law review Pub Date : 1999-01-01

S J Ratner

引用次数: 0

Dashing Consumer Hopes: Strict Products Liability and the Demise of the Consumer Expectations Test 粉碎消费者的希望:严格的产品责任和消费者期望测试的消亡

Boston College international and comparative law review Pub Date : 1997-01-01 DOI: 10.2139/SSRN.1418650

R. Korzec

{"title":"Dashing Consumer Hopes: Strict Products Liability and the Demise of the Consumer Expectations Test","authors":"R. Korzec","doi":"10.2139/SSRN.1418650","DOIUrl":"https://doi.org/10.2139/SSRN.1418650","url":null,"abstract":"The threshold issue in American products liability litigation is whether the product was defective at the time it left the manufacturer's control. Traditionally, courts and scholars define “defect” in three functional categories: manufacturing defects, design defects and marketing defects. American products liability doctrine employs two major tests to determine whether a \"defect” exists: the seller-oriented risk-utility test and the buyer-oriented consumer expectations test. The Draft of the Restatement Third of Torts: Products Liability, like some American jurisdictions, rejects the “consumer expectations” test as an independent standard in defective warning and design cases. Ironically, this limitation of the use of the consumer expectations test in American products liability doctrine coincides with the European Community's adoption of the consumer-oriented test for European strict products liability cases.This article analyzes these contemporary developments. First, it considers the implications of the European Union's (EU) Council Directive No. 85/374 (European Directive) for American products liability law. It then analyzes the consumer expectations test in light of the purpose of products liability law. Reconsideration of the consumer expectations test suggests that, properly constructed and applied, the consumer-oriented test promotes considerations of safety, equity, and efficiency.","PeriodicalId":80720,"journal":{"name":"Boston College international and comparative law review","volume":"14 1","pages":"227"},"PeriodicalIF":0.0,"publicationDate":"1997-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78926262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Islamic Criminal Law and Procedure: Religious Fundamentalism v. Modern Law 伊斯兰刑法与程序:宗教原教旨主义与现代法律

Boston College international and comparative law review Pub Date : 1989-01-01 DOI: 10.4324/9781315092386-20

Matthew Lippman

引用次数: 19