scholarly journals Toward Tort Liability for Bad Samaritans

2016 ◽  
Author(s):  
Allen Linden

Good Samaritan laws are common throughout Canada and the United States. The rationalefor the development of Good Samaritans law has been that the benefit of immunity for GoodSamaritans is more altruistic than the punishment of liability for Bad Samaritans. However,our tort law’s declaration that one need not assist one in danger weakens the moral statureof our law. Our law supports those who do the right thing and denounces those who do thewrong thing. The intrusiveness of liability for bystanders is usually argued against BadSamaritan laws. However potential liability is rare; the moral stature of our law is worththe effort to resolve this issue.

2021 ◽  
Vol 97 ◽  
pp. 103294
Author(s):  
Leah Hamilton ◽  
Corey S. Davis ◽  
Nicole Kravitz-Wirtz ◽  
William Ponicki ◽  
Magdalena Cerdá

2016 ◽  
Vol 51 (2) ◽  
pp. 513-533
Author(s):  
DAVID KIERAN

This article examines the cultural politics of military awards during the Obama administration. It examines the administration's posthumous recognition of three Vietnam veterans, arguing that the President has embraced a remembrance of the war that encourages Americans to celebrate veterans without regard for the illegal, controversial, or morally questionable activities in which they participated. This effort, I argue, helps build support for the United States' continuing expansion of war fighting in Afghanistan, Pakistan, Yemen, and elsewhere by encouraging Americans to adopt a similar perspective regarding current wars – one that celebrates military personnel while not questioning the policies that they pursue or the manner in which they do so.


2013 ◽  
Vol 1 (4) ◽  
pp. 60
Author(s):  
Rene Franco ◽  
Chirag Desai ◽  
William Firth ◽  
Harold M. Szerlip

Medical service trips have a long and distinguished history. In the United States,interest in medical outreach trips has grown substantially, as medical schools andnon-governmental organizations support numerous overseas endeavors at an estimatedcost of 250 million dollars a year. Although providing care to those in need is arewarding experience, the question that needs to be answered is whether these tripsdo more harm than good. We describe our experience during a medical service trip toEnsenada, Mexico. We treated over 500 people for numerous problems, but due to thelack of services were not able to monitor or ensure follow-up. Did we do more harmby providing medications that can have serious side effects? Recommendations havebeen developed to help short-term international medical service trips provide the bestoverall experience for the participants and the best care for the patients.


2020 ◽  
Vol 13 (1) ◽  
pp. 291-293
Author(s):  
RIAS Editors

The International American Studies Association is dismayed to see the explosion of anger, bitterness and desperation that has been triggered by yet another senseless, cruel and wanton act of racialized violence in the United States. We stand in solidarity with and support the ongoing struggle by African Americans, indigenous peoples, ethnic minorities, migrants and the marginalized against the racialized violence perpetrated against them. As scholars of the United States, we see the killing of George Floyd and many before them as acts on the continuum of the history of the powerful committing racialized violence against the powerless in the United States from before the birth of that country to the here and now of the present day. This continuum stretches from the transatlantic slave trade, the genocide of the indigenous population, the denial of rights and liberties to women, through the exploitation of American workers, slavery and Jim Crow, to the exclusion and inhumane treatment of the same migrants who make a profit for American corporations and keep prices low for the U.S. consumer. As scholars of the United States, we are acutely aware of how racialized violence is systemic, of how it has been woven into the fabric of U.S. society and cultures by the powerful, and of how the struggle against it has produced some of the greatest contributions of U.S. society to world culture and heritage. The desperate rebellion of the powerless against racialized violence by the powerful is in turn propagandized as unreasonable or malicious. It is neither. It is an uprising to defend their own lives, their last resort after waiting for generations for justice and equal treatment from law enforcement, law makers, and the courts. In too many instances, those in power have answered such uprisings with deadly force—and in every instance, they have had alternatives to this response. We are calling on those in power and the people with the guns in the United States now to exercise their choices and choose an alternative to deadly force as a response to the struggle against racialized violence. You have the power and the weapons—you have a choice to do the right thing and make peace. We are calling on U.S. law makers to listen and address the issues of injustice and racialized violence through systemic reform that remakes the very fabric of the United States justice system, including independent accountability oversight for law enforcement. We are calling on our IASA members and Americanists around the world to redouble their efforts at teaching their students and educating the public of the truth about the struggle against racialized violence in the United States. We are calling on our IASA members and Americanists around the world to become allies in the struggle against racialized violence in the United States and in their home societies by publicizing scholarship on the truth, by listening to and amplifying the voices of black people, ethnic minorities and the marginalized, and supporting them in this struggle on their own terms. We are calling on all fellow scholarly associations to explore all the ways in which they can put pressure with those in power at all levels in the United States to do the right thing and end racialized violence. There will be no peace in our hearts and souls until justice is done and racialized violence is ended—until all of us are able “to breathe free.” Dr Manpreet Kaur Kang, President of the International American Studies Association, Professor of English and Dean, School of Humanities & Social Sciences, Guru Gobind Singh Indraprastha University, India;Dr Jennifer Frost, President of the Australian and New Zealand American Studies Association, Associate Professor of History, University of Auckland, New Zealand;Dr S. Bilge Mutluay Çetintaş, Associate Professor, Department of American Culture and Literature, Hacettepe University, Turkey;Dr Gabriela Vargas-Cetina, Professor of Anthropology, Universidad Autónoma de Yucatán, Mexico;Dr Paweł Jędrzejko, Associate Professor of American Literature, University of Silesia in Katowice, Poland;Dr Marietta Messmer, Associate Professor of American Studies, University of Groningen, The Netherlands;Dr Kryštof Kozák, Department of North American Studies, Charles University, Prague;Dr Giorgio Mariani, Professor of English and American Languages and Literatures, Department of European, American and Intercultural Studies, Università “Sapienza” of Rome;Dr György Tóth, Lecturer, History, Heritage and Politics, University of Stirling, Scotland, United Kingdom;Dr Manuel Broncano, Professor of American Literature and Director of English, Spanish, and Translation, Texas A&M International University, Laredo, USA;Dr Jiaying Cai, Lecturer at the School of English Studies, Shanghai International Studies University, China;Dr Alessandro Buffa, Secretary, Center for Postcolonial and Gender Studies, University of Naples L’Orientale, Italy;


1996 ◽  
Vol 1 (10) ◽  
pp. 808-809
Author(s):  
Lionel Turner

On any given day, 10,000 human beings are born in the United States. But on that same day, 70,000 puppies and kittens are also born. It is no surprise that too few homes are waiting for too many dogs and cats.


Author(s):  
Mauricio Drelichman ◽  
Hans-Joachim Voth

Why do lenders time and again loan money to sovereign borrowers who promptly go bankrupt? When can this type of lending work? As the United States and many European nations struggle with mountains of debt, historical precedents can offer valuable insights. This book looks at one famous case—the debts and defaults of Philip II of Spain. Ruling over one of the largest and most powerful empires in history, King Philip defaulted four times. Yet he never lost access to capital markets and could borrow again within a year or two of each default. Exploring the shrewd reasoning of the lenders who continued to offer money, the book analyzes the lessons from this historical example. Using detailed new evidence collected from sixteenth-century archives, the book examines the incentives and returns of lenders. It provides powerful evidence that in the right situations, lenders not only survive despite defaults—they thrive. It also demonstrates that debt markets cope well, despite massive fluctuations in expenditure and revenue, when lending functions like insurance. The book unearths unique sixteenth-century loan contracts that offered highly effective risk sharing between the king and his lenders, with payment obligations reduced in bad times. A fascinating story of finance and empire, this book offers an intelligent model for keeping economies safe in times of sovereign debt crises and defaults.


Author(s):  
Kenneth Bo Nielsen ◽  
Alf Gunvald Nilsen

The chapter examines the fairness claim of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR), 2013. The author uses the utilitarian fairness standard proposed by one of the most influential American constitutional scholars of the twentieth and twenty-first centuries, Frank Michelman, whose study of judicial decisions from an ethical perspective by introducing the concept of “demoralization costs” has shaped the interpretational debate on takings law in the United States. Michelman’s analysis is particularly relevant for the land question in India today since there is a widespread feeling that millions of people have been unfairly deprived of their land and livelihoods. The chapter looks at the role of the Indian judiciary in interpreting the land acquisition legislation since landmark judgments affect the morale of society. It concludes that using Michelman’s standard would help in bringing about greater “fairness” than what the new legislation has achieved.


2021 ◽  
pp. 089124162110218
Author(s):  
John R. Parsons

Every year, hundreds of U.S. citizens patrol the Mexican border dressed in camouflage and armed with pistols and assault rifles. Unsanctioned by the government, these militias aim to stop the movement of narcotics into the United States. Recent interest in the anthropology of ethics has focused on how individuals cultivate themselves toward a notion of the ethical. In contrast, within the militias, ethical self-cultivation was absent. I argue the volunteers derived the power to be ethical from the control of the dominant moral assemblage and the construction of an immoral “Other” which provided them the power to define a moral landscape that limited the potential for ethical conflicts. In the article, I discuss two instances Border Watch and its volunteers dismissed disruptions to their moral certainty and confirmed to themselves that their actions were not only the “right” thing to do, but the only ethical response available.


1996 ◽  
Vol 24 (2) ◽  
pp. 151-158 ◽  
Author(s):  
F. Barbara Orlans

Attitudes toward the Three Rs concept of refinement, reduction and replacement in the United States in research and education are widely divergent. Positive responses have come from several sources, notably from four centres established to disseminate information about alternatives. Funding sources to support work in the Three Rs have proliferated. The activities of institutional oversight committees have resulted in the nationwide implementation of important refinements. In the field of education, student projects involving pain or death for sentient animals have declined, and the right of students to object to participation in animal experiments on ethical grounds has been widely established. However, there is still a long way to go. Resistance to alternatives is deep-seated within several of the scientific disciplines most closely associated with animal research. The response of the National Institutes of Health to potentially important Congressional directives on the Three Rs has been unsatisfactory. The prestigious National Association of Biology Teachers, which at first endorsed the use of alternatives in education, later rescinded this policy, because of opposition to it. An impediment to progress is the extreme polarisation of viewpoints between the biomedical community and the animal protectionists.


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