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Articles 1 - 11 of 11
Full-Text Articles in Law
Anti-Subordination Torts, Scott Skinner-Thompson
A Recent Renaissance In Privacy Law, Margot Kaminski
A Recent Renaissance In Privacy Law, Margot Kaminski
Publications
Considering the recent increased attention to privacy law issues amid the typically slow pace of legal change.
Lessons From Literal Crashes For Code, Margot Kaminski
Lessons From Literal Crashes For Code, Margot Kaminski
Publications
No abstract provided.
Privacy's Double Standards, Scott Skinner-Thompson
Privacy's Double Standards, Scott Skinner-Thompson
Publications
Where the right to privacy exists, it should be available to all people. If not universally available, then privacy rights should be particularly accessible to marginalized individuals who are subject to greater surveillance and are less able to absorb the social costs of privacy violations. But in practice, there is evidence that people of privilege tend to fare better when they bring privacy tort claims than do non-privileged individuals. This disparity occurs despite doctrine suggesting that those who occupy prominent and public social positions are entitled to diminished privacy tort protections.
This Article unearths disparate outcomes in public disclosure tort …
State Responsibility In Promoting Environmental Corporate Accountability, Lakshman Guruswamy
State Responsibility In Promoting Environmental Corporate Accountability, Lakshman Guruswamy
Publications
No abstract provided.
Tort Damages And The New Science Of Happiness, Rick Swedloff, Peter H. Huang
Tort Damages And The New Science Of Happiness, Rick Swedloff, Peter H. Huang
Publications
The happiness revolution is coming to legal scholarship. Based on empirical data about the how and why of positive emotions, legal scholars are beginning to suggest reforms to legal institutions. In this article we aim to redirect and slow down this revolution.
One of their first targets of these legal hedonists is the jury system for tort damages. In several recent articles, scholars have concluded that early findings about hedonic adaptation and affective forecasting undermine tort awards for pain and suffering, mental anguish, loss of enjoyment of life, and other non-economic damages. In the shadow of a broader debate about …
Lender Liability: The Dilemma Of The Controlling Creditor, J. Dennis Hynes
Lender Liability: The Dilemma Of The Controlling Creditor, J. Dennis Hynes
Publications
No abstract provided.
Design Defects In Equipment: When Are Government Contractors Liable For Injuries To Military Personnel?, Emily Calhoun
Design Defects In Equipment: When Are Government Contractors Liable For Injuries To Military Personnel?, Emily Calhoun
Publications
No abstract provided.
Tender Offer Litigation And State Law, Mark J. Loewenstein
Tender Offer Litigation And State Law, Mark J. Loewenstein
Publications
The recent spate of hostile takeover battles has focused attention and criticism on the federal securities laws. Most claims of defeated offerors and disappointed shareholders have been based on sections 14(e) and 10(b) of the Securities Exchange Act of 1934. The United States Supreme Court, however, has limited such federal remedies and suggested that plaintiffs bring state-law actions for interference with a prospective economic advantage. Professor Loewenstein discusses this tort, which has not been used widely in this context, and reviews the tort's traditional elements, its formulation in the Restatement (Second) of Torts, and its recent treatment by state courts. …
The Enterprise Liability Theory Of Torts, Howard C. Klemme
The Enterprise Liability Theory Of Torts, Howard C. Klemme
Publications
No abstract provided.
Torts, John A. Gorfinkel