An airline limitation device; used in the unlikely event of 'water landings,' laws cap recovery
Article Abstract:
The Warsaw Convention will govern recovery in TWA Flight 800 cases, and plaintiffs will have to prove willful misconduct on the part of the airline. Members of the International Air Transport Assn have yielded to political pressure in an attempt to waive the requirement for such proof, but such waiver is not expected to receive federal approval until too late to apply to Flight 800. The laws of each member country will govern the assessment of damages. For Americans, this means the Death on the High Seas Act, which states only family members financially dependent on victims can receive damages.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996
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Questions of authority; jurisdiction cases crop up as Internet sales erase borders
Article Abstract:
Personal jurisdiction presents one problem with the information superhighway, and courts have only begun to handle jurisdictional issues involving the Internet and World Wide Web in the mid-1990s. The United States Court of Appeals for the 6th Circuit is one court that has done so at the federal level, and more cases will be filed as commerce becomes increasingly global. Most of the cases have so far been trademark disputes, but courts have also considered Information Highway jurisdiction issues.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
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High-tech heat seeking; warrantless use of detection device splits appeals courts
Article Abstract:
The US Court of Appeals for the 5th Circuit ruled in United States v. Ishmael that the warrantless use of a thermal imager was not a Fourth Amendment violation. Thermal imagers are camera-like devices detecting heat emanating from structures and the ground and can thus detect grow lights used to grow marijuana indoors. Police are using this and other technological devices more to catch criminals, and technological innovations outpace growth in the law used to deal with them.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
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- Abstracts: Administrative process rigidity and the difficulty of administering agencies today. Judgment, power, and rent seekers
- Abstracts: Ninth Circuit decisions focus on role of courts in reviewing plan administrators' decisions. Exhaustion of administrative remedies under qualified plan not required where plaintiff seeks to enforce statutory protections