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Articles 1 - 7 of 7

Full-Text Articles in Law

To Be Real: Sexual Identity Politics In Tort Litigation, Anne Bloom May 2018

To Be Real: Sexual Identity Politics In Tort Litigation, Anne Bloom

Anne Bloom

No abstract provided.


Zen And The Art Of Tort Litigation, Anne Bloom May 2018

Zen And The Art Of Tort Litigation, Anne Bloom

Anne Bloom

Legal analysis in tort litigation should encourage deeper engagement with the plaintiffs pain and suffering. Focusing more on understanding the causes and experience of human suffering-the Zen approach-will advance traditional tort goals of compensation and deterrence, as well as provide the plaintiff with a more positive litigation experience. This Article argues that current practices in tort litigation place too much emphasis on bodily harm and expert testimony, and unnecessarily position the plaintiff as a victim. Alternatively, a Zen approach recognizes that the body and mind are linked, places greater weight on direct, experiential testimony, and acknowledges the complexity and fluidity …


Plastic Injuries, Anne Bloom May 2018

Plastic Injuries, Anne Bloom

Anne Bloom

Perceptions of injuries are culturally mediated, mutable, plastic. In tort litigation, however, the cultural plasticity with which we perceive and experience injuries is often ignored. This Article explores the cultural plasticity with which we perceive injuries through the lens of plastic surgery litigation. It argues that determinations of injury in plastic surgery litigation turn on the culturally biased — and highly mutable — perceptions of medical professionals. More broadly, the Article argues that culture shapes perceptions of injuries in tort litigation as a whole. To make these points, the Article examines a prototypical plastic surgery case and surveys a range …


From Justice To Global Peace: A (Brief) Genealogy Of The Class Action Crisis, Anne Bloom May 2018

From Justice To Global Peace: A (Brief) Genealogy Of The Class Action Crisis, Anne Bloom

Anne Bloom

No abstract provided.


Book Review Of The Measure Of Injury: Race, Gender, And Tort Law, By Martha Chamallas And Jennifer B. Wriggins, Anne Bloom, Julie Davies May 2018

Book Review Of The Measure Of Injury: Race, Gender, And Tort Law, By Martha Chamallas And Jennifer B. Wriggins, Anne Bloom, Julie Davies

Anne Bloom

No abstract provided.


Irresponsible Matter: Sublunar Dreams Of Injury And Identity, Anne Bloom Jan 2018

Irresponsible Matter: Sublunar Dreams Of Injury And Identity, Anne Bloom

Anne Bloom

No abstract provided.


Good Injuries, Anne Bloom, Marc Galanter Dec 2017

Good Injuries, Anne Bloom, Marc Galanter

Anne Bloom

No abstract provided.