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Full-Text Articles in Law
Intimate Liability: Emotional Harm, Family Law, And Stereotyped Narratives In Interspousal Torts, Fernanda G. Nicola
Intimate Liability: Emotional Harm, Family Law, And Stereotyped Narratives In Interspousal Torts, Fernanda G. Nicola
William & Mary Journal of Race, Gender, and Social Justice
Tort liability expanded in the twentieth century, a shift scholars generally attribute to the reorganization of tort law around the fault principle. In privileging compensation and deterrence, this reconfiguration ended various restrictions on liability, long viewed as arbitrary, including limits to the recovery for emotional harm and interspousal immunities. Tort and family law scholars alike portray the end of such immunities as a milestone for gender equality. Their elimination enables spouses and partners to secure compensation for emotional and physical abuse arising in intimate relationships. Yet, tort law is not operating in this way. On the contrary, by endorsing a …
Secure My Data Or Pay The Price: Consumer Remedy For The Negligent Enablement Of Data Breach, John A. Fisher
Secure My Data Or Pay The Price: Consumer Remedy For The Negligent Enablement Of Data Breach, John A. Fisher
William & Mary Business Law Review
Every time we swipe our debit cards, pay our bills online, or sign up for a service like Netflix, we are entrusting important identifying information to the companies with which we do business. Most of the time, those companies take seriously the obligation to protect our data and prevent it from falling into the hands of those who would use it to benefit themselves at our expense. Some companies, however, fail to do enough to meet that burden, making it easier for identity thieves to inflict personal and financial injury on consumers. To date, our legal system has essentially denied …