The Montreal Convention: Can Passengers Finally Recover for Mental Injuries?
Bibliographic record
Abstract
Since the 1920’s, recovery for accidents suffered on international flights has been subject to the Warsaw Convention’s limitation of “bodily injury.” To address perceived inequities stemming from this limitation, courts stretched, and the resulting and fragmented judicial precedent threatened the treaty’s goal of international unity. Although Warsaw’s long-awaited replacement, the Montreal Convention, retains the “bodily injury” language, a close study of the treaty’s history and more importantly, the negotiations among the signatories’ delegates suggests that the great majority of nations intended to broaden allowable recovery beyond strict bodily injury and that many had in fact already interpreted the phrase to include mental injury. Further, the policy informing the new treaty substantively changed from protecting the airline industry to protecting the passenger.As a result, courts faced with claims under the Montreal Convention must undertake a materially different analysis from those courts that addressed similar claims under the Warsaw Convention.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.006 | 0.017 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.011 | 0.011 |
| Scholarly communication | 0.009 | 0.007 |
| Open science | 0.003 | 0.004 |
| Research integrity | 0.014 | 0.010 |
| Insufficient payload (model declined to judge) | 0.016 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".