Law School

The Law School of America
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Jul 14, 2020 • 8min

Criminal law: Scope of criminal liability - Vicarious

The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity.
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Jul 12, 2020 • 14min

Intellectual property: Farmers' rights

The International Treaty on Plant Genetic Resources for Food and Agriculture, (also known as ITPGRFA, International Seed Treaty or Plant Treaty is a comprehensive international agreement in harmony with the Convention on Biological Diversity, which aims at guaranteeing food security through the conservation, exchange and sustainable use of the world's plant genetic resources for food and agriculture (PGRFA), the fair and equitable benefit sharing arising from its use, as well as the recognition of farmers' rights. It was signed in 2001 in Madrid, and entered into force on June 29th 2004.
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Jul 12, 2020 • 5min

Tort law: Defenses - Assumption of risk

Assumption of risk is a defense in the law of torts, which bars or reduces a plaintiff's right to recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which the plaintiff was participating at the time of his or her injury.
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Jul 12, 2020 • 3min

Tort law: Defenses - Comparative negligence

Comparative negligence, or non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury. When the defense is asserted, the factfinder, usually a jury, must decide the degree to which the plaintiff's negligence and the combined negligence of all other relevant actors all contributed to cause the plaintiff's damages. It is a modification of the doctrine of contributory negligence that disallows any recovery by a plaintiff whose negligence contributed even minimally to causing the damages.
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Jul 10, 2020 • 6min

Bonus episode: Supreme Court case opinion - Trump v. Vance

Trump v. Vance, 591 U.S. ___ (2020), was a landmark[1][2] United States Supreme Court case related to the New York County District Attorney Cyrus Vance Jr.'s attempt to subpoena the tax records of President Donald Trump as part of the ongoing investigation into the Stormy Daniels scandal, which Trump has litigated to prevent their release. The Court held that Article II and the Supremacy Clause do not categorically preclude, or require a heightened standard for, the issuance of a state criminal subpoena to a sitting President.[3] The 7–2 decision was issued in July 2020, with Justices Samuel A. Alito and Clarence Thomas dissenting.
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Jul 10, 2020 • 7min

Bonus episode: Supreme Court case opinion - Trump v. Mazars USA, LLP

Trump v. Mazars USA, LLP, 591 U.S. ___ (2020) was a Supreme Court of the United States case involving the United States House of Representatives subpoenas to obtain the tax returns of President Donald Trump, which Trump has litigated to prevent but which had been cleared by the United States Court of Appeals for the District of Columbia Circuit. In a 7–2 decision issued in July 2020, the Supreme Court reversed the Circuit Court's decision, asserting that the court had not properly assessed the separation of powers between Congress and the President, and remanded the case for review with a set of considerations to evaluate the worthiness of the subpoena request.
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Jul 8, 2020 • 7min

Intellectual property: Database right

A database right is a sui generis property right, comparable to but distinct from copyright, that exists to recognise the investment that is made in compiling a database, even when this does not involve the "creative" aspect that is reflected by copyright. Such rights are often referred to in the plural: database rights.
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Jul 7, 2020 • 9min

Criminal law: Scope of criminal liability - Corporate liability

In criminal law, corporate liability determines the extent to which a corporation as a legal person can be liable for the acts and omissions of the natural persons it employs. It is sometimes regarded as an aspect of criminal vicarious liability, as distinct from the situation in which the wording of a statutory offence specifically attaches liability to the corporation as the principal or joint principal with a human agent.
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Jul 4, 2020 • 34min

Tort law: Property torts - Trover

Trover is a form of lawsuit in common-law countries for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recovery only for the value of whatever was taken, not for the recovery of the property itself.
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Jul 3, 2020 • 25min

Intellectual property: Copyright (Part 2)

The concept of copyright developed after the printing press came into use in Europe in the 15th and 16th centuries. The printing press made it much cheaper to produce works, but as there was initially no copyright law, anyone could buy or rent a press and print any text. Popular new works were immediately reset and re-published by competitors, so printers needed a constant stream of new material. Fees paid to authors for new works were high, and significantly supplemented the incomes of many academics

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