Posts Tagged ‘torts’

Negligence’s X Factor

Saturday, December 29th, 2012

Cardozo Law Review de novo logoCardozo Law Review de novo just published a very short article of mine: Negligence’s X Factor, 2012 Cardozo L. Rev. de novo 318 [pdf download]. It’s just 4 pages.

Law students are familiar with the Hand Formula from Torts:

B < PL

Judge Richard Posner, working off an opinion by Judge Learned Hand, offered that this is a way of defining negligence: a precaution should be undertaken where the burden of doing so (B) is less than the probability of something going wrong (P) multiplied by the loss that would result (L).

My article reworks this inequality into an equation:

Bx = PL

Then I discuss what may follow from calculating the value of x.

I am very appreciative to the editors at Cardozo Law Review for their help this this.

MLRC on Agora v. Samler

Monday, September 20th, 2010

Media Law Resource Center has posted a profile of Agora Financial LLC v. Samler, No. 09-1200 (D. Md. June 17, 2010), a “hot news” type misappropriation lawsuit.

The case involves investment recommendations that were allegedly reposted by the defendant.

A pdf of the court’s opinion is here.