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TABLE OF CONTENTS INTRODUCTION 584 I. AMAZON ACCIDENTS, UBER CRASHES, AND THE RISE OF 593 CONTRACTING A. The Expansion of On-Demand Work and Independent Contracting 594 1. Uber Growth and [...], Amazon vans and Uber drivers frequently crash into other cars. Despite the many injuries and deaths that result from these accidents, Amazon and Uber deny responsibility for such claims because they categorize their drivers as "independent contractors." But this contractor defense distorts the basic rules of agency law. Over a century ago, courts crafted agency standards that forced businesses to pay for the harms that their workers caused. Since that time, American firms have attempted to skirt this rule by labeling their workers as "contractors" rather than as "employees." Aware of this age-old tactic to avoid liability, courts historically built sufficient flexibility into agency standards to hold companies responsible for injuries to others, even when ostensible "contractors"committed those torts. In the years to come, a growing number of drivers for Amazon, Uber, and other on-demand firms will hit the road, make mistakes, and harm members of the public. Applying agency standards to this emerging problem, this Article develops a legal framework for determining when to hold on-demand firms accountable for the accidents that their contractors cause.

TABLE OF CONTENTS I. INTRODUCTION 220 II. ASTRONOMY 222 A. Applications of Astronomy 222 B. Facilities and Technologies 227 III. SATELLITES 233 IV. THE PROBLEM 243 A. Optical Astronomy 243 [...], The sudden emergence of large constellations of small satellites in low altitude orbits represents one of the most dramatic contemporary innovations in outer space. Promising low-cost, low-latency global communications and spectacular capacities for remote sensing of the Earth, these satellites will soon number in the tens of thousands, sponsored by diverse corporations and countries around the world. But this proliferation of spacecraft comes at a steep cost in unavoidable interference with ground-based astronomy: as the satellites overfly the observatories, they block the views of remote objects and phenomena, leaving obliterating white streaks on the collected imagery, and obscuring access to troves of vital data from distant sources of cosmic light and radio waves. To date, the world has been proceeding on the implicit assumption that the law of outer space essentially licenses the satellite operators to proceed however they wish in this matter, with little required consideration for the losses inflicted upon astronomy and the myriad scientific missions. There have been some modest, voluntary efforts at mitigation of the interference effects, but nothing sufficient or reliable has been effectuated. This Article describes the incipient clash between satellite megaconstellations and astronomy, assesses the relevant international and domestic legal authorities, and proposes compromise solutions to mitigatethe damage. Overall, the thesis is that a better balance--meaningfully informed by the Outer Space Treaty--must be struck between these competing types of space activities, without ceding to either a comprehensive right to proceed in disregard of the key functions of the other.

I A RADICAL REPORT [I]t is worth remembering that the apparent heresies of one generation become the orthodoxies of the next. (1) More than a half-century after publication of the [...], The radical principles behind the 1967 Woodhouse Report were eclipsed by shifting political styles--and gradually abandoned as heretical. We can now turn to Sir Owen's own notion, that "the apparent heresies of one generation become the orthodoxies of the next", to explore how core Woodhouse heresies might themselves perform this transition: providing fresh support for a generation grappling with headline challenges of climate change and pandemic control.

I INTRODUCTION A What I Want to Say One of the advantages of doing a talk twice is that you get helpful feedback after the first lecture. In Wellington, a [...], In the 2022 Sir Owen Woodhouse Memorial Lecture, I considered what it means to make law in New Zealand. Using examples from Sir Owen Woodhouse's illustrious career as a judge and law reformer, I argued that there are important differences in judges' and law reformers' conceptions of "making law". The common law is best seen not as a collection of rules but as a custom as to how to go about recognising what the law is. As a result, it is better to think of what New Zealand judges do as making common law in New Zealand, rather than remaking a New Zealand common law outside pre-existing traditions. The lecture illustrates this point by analysing the Supreme Court's decision in Ellis v R (Continuance), which was decided between the lecture being given in Wellington and its being given in Auckland in October 2022.

I INTRODUCTION In the decisions of Calver v Accident Compensation Corporation, the Courts have held that mesothelioma (a form of cancer contracted from the inhalation of asbestos fibres) constitutes a [...], This article examines the judgments of Calver v Accident Compensation Corporation and its appeal in the light of the legislative history behind New Zealand's accident compensation scheme. It posits that the Calver judgments reflect an ongoing principle of generous and expansive interpretation, which can be tracked through the case law in this area, and that an overriding principle of generosity does not fully accord with the legislative history. That history has involved intentional redrafting to curtail overly expansive judicial approaches, and legislative development in this area has been relatively stagnant in recent decades. Alternative approaches for interpreting the scheme are discussed. A more comprehensive set of principles for interpretation of accident compensation cases would make this area more predictable and better explain the outcomes of cases where the boundaries appear to be widened. It does not seem convincing, in light of the full history, to simply suggest that outcomes should reflect the Woodhouse vision. Credence should be paid to real policy issues, which have so far prevented a fully comprehensive scheme from being developed.

I. INTRODUCTION In 1975, California enacted the Agricultural Labor Relations Act. (1) The Act, along with many regulations to aid in its enforcement, came after years of infighting between property [...]

INTRODUCTION 305 I. AUTOMATED TOOLS AND GUIDELINES FOR WEB ACCESSIBILITY 308 A. GUIDELINES 310 B. AUTOMATED TOOLS 312 II. EXISTING LEGAL FRAMEWORK FOR WEB ACCESSIBILITY 314 A. STATUTES 314 B. [...]

TABLE OF CONTENTS INTRODUCTION 564 I. TAKINGS COMPENSATION AND THE ELDERLY OWNER 578 II. WASTE, PARTITION, AND THE ELDERLY LIFE TENANT 592 III. PROTECTION FOR ELDERLY RENTERS 606 IV. NAHRSTEDT [...], Within the next forty years, the number of Americans over age sixty-five is projected to nearly double. This seismic demographic shift will necessitate a reckoning in several areas of law and policy, but property law is especially unprepared. Built primarily for young and middle-aged white men, the common law of property has been critiqued for decades for the ways in which it oppresses or simply leaves behind people based on their race, sex, Native heritage, and more. This Article contributes a new focus on property law's treatment of people based on their advanced age. Burdened by higher relocation costs, more inelastic incomes, and shorter time horizons than those faced by younger people, elderly people encounter a doctrine that often fails to protect their interests. This Article explores five areas of property law and evaluates how each fits--or, more frequently, fails to fit--the characteristics of many older subjects. From the law of takings to the law of waste, and from tenant protections to homeowners' associations, not only is the law a poor fit, but the consequences for the health, safety, finances, and well-being of elderly people are often dramatic. At the same time, one of the rare significant efforts made thus far to protect older people from some of these consequences--the Fair Housing Act's protection for age-restricted communities--has generated new inequities of its own that raise important questions about competing civil rights priorities. Accordingly, mindful of the dangers of overcorrection, this Article offers institutional reforms aimed to better protect the interests of older people in each area without unduly infringing upon those of others.

Abstract The High Court of Australia's decision in Northern Territory v Griffiths (2019) 269 CLR 1 ('the Timber Creek compensation case') provided long-awaited judicial guidance on the operation of the [...]

I Introduction Workplace psychiatric injury is a significant health, economic and social problem. The cost to the Australian economy of poor psychosocial workplace climates is approximately $6 billion per annum. [...], Workplace psychiatric injury is a significant health, economic and social problem. Multiple recent inquiries and reports have drawn attention to the failure of Australian law, including workplace health and safety ('WHS') regulation and compensation laws, to adequately respond to workplace psychiatric injury. This article considers how Australian negligence law has responded to workplace psychiatric injury since the High Court took a restrictive approach in 2005 in Koehler v Cerebos (Australia) Ltd ('Koehler'). It considers the role of workplace psychosocial hazards in psychiatric injury and the changing Australian WHS landscape, including the evolution of Australian principles of negligence following Koehler. The 2022 High Court decision in Kozarov v Victoria ('Kozarov') which concerned injury from vicarious trauma is analysed and the tensions and unresolved issues post Kozarov are considered. The article argues that while Australian negligence law has experienced some change of direction post Kozarov, the failure of the High Court to overrule Koehler means it may remain difficult for some injured employees to recover for their workplace psychiatric injuries. Further development of negligence law is required in a way which promotes coherence with the Australian legislative regulatory landscape, and which adequately recognises the nature of workplace psychosocial hazards.

INTRODUCTION The idea I wish to explore in this Essay is whether the established methods for determining just compensation can shed light on the meaning of other issues that arise [...]

INTRODUCTION Virtually all legal disputes can be divided into two separate phases. The first deals with entitlements, and the second with remedies. The distinction helps sort out the conceptual and [...]

"In general it is not plain that a man's misfortunes or necessities will justify his shifting the damages to his neighbor's shoulders." (1) I. INTRODUCTION The Takings Clause of the [...]

TABLE OF CONTENTS I. INTRODUCTION 714 II. THE CURRENT STATE OF CLIMATE CHANGE AND SEA LEVEL RISE 717 III. REGULATORY TAKINGS AND COASTLINE PROTECTION IN THE UNITED STATES 720 A. [...], Climate change and sea level rise degrade the environment, infrastructure, and private property along US coastlines. The magnitude of these harms will only accelerate unless the United States improves its coastal protection scheme. Informed by approaches in Israel, the United Kingdom, and China, this Note offers a dynamic solution to coastline protection by way of a federal Rolling Coastal Conservation Easements Act. The act would authorize states to develop and implement rolling easements on private coastal properties. This flexible scheme would include compensation for those landowners who grant easements to their localities, while giving private property owners the option to deny the government's easement. This market-driven program gives states the notice, information, and transparency capacities to implement more meaningful and broad-reaching coastline protections by way of these rolling coastal conservation easements.

I. INTRODUCTION 292 II. BACKGROUND OF COMPENSATORY DAMAGES AND THE INSTITUTION OF THE COLLATERAL SOURCE RULE 296 A. COMPENSATORY DAMAGES AND THEIR INTERACTION WITH THE COLLATERAL SOURCE RULE 296 B. [...]

ABSTRACT The recent O'Bannon v. NCAA decision, which gave student athletes a right in products that exploit their image and likeness, will have a profound impact on college athlete rights. [...]

2. Models Compensation mechanisms can take different shapes and forms. In the case of technological disasters, it usually consists of providing an extra layer of compensation in addition to the [...]

A variety of instruments can be used to compensate victims in the aftermath of a disaster. This article argues that it is important to structure ex post compensation mechanisms in [...]

3. The Property Owner Is Responsible for a "Nuisance" A variant of the responsibility-shifting argument seeks to defend the noncompensation principle by attributing responsibility for the threatening condition--for example, the [...]

Takings law has long contained a puzzle. The Fifth Amendment to the U.S. Constitution requires the government to pay "just compensation" to owners of private property that the government "takes. [...]