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- 9/11; First Responder Cases; Victims Compensation Fund (1)
- Amazon; Second Restatement of Torts; distribution chain; product defects; injury; consumers; sellers; Section 402a; marketplace; insolvency; internet; product liability; Oberdorf v. Amazon.com; Communications Decency Act; Third Circuit; Third-party sellers; Fullfillment by Amazon; FBA; Business Solutions Agreement; BSA; price parity; third-party vendors; sponsorship; Amazon's choice; Best Seller; Prime; keyword bids; supply chain; Buy Box; FDA; Food and Drug Administration (1)
- Civil rights; police misconduct; police tort liability; intellectual history of public and private law; public law; private law; intentional infliction of emotional distress; IIED; police accountability law; Section 1983; constitutional tort; tort law; tort liability; middle spaces; racialized policing; (1)
- Data breach; standing; data breach litigation; hacking; personal information; data theft; personally identifiable information; data breach notification; cybersecurity; law; policy; third party cyber liability (1)
- Jurisdiction; subject matter jurisdiction; immigration; Article III; jurisdiction-stripping; IIRIRA; 1252(g); due process; separation of powers; Silva; Arce; Reno; Federal Tort Claims Act; FTCA; American-Arab Anti Discrimination-Committee; judicial review; wrongful removal; Mathews (1)
- Publication
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Articles 1 - 12 of 12
Full-Text Articles in Torts
A New Private Law Of Policing, Cristina Carmody Tilley
A New Private Law Of Policing, Cristina Carmody Tilley
Brooklyn Law Review
American law and American life are asymmetrical. Law divides neatly in two: public and private. But life is lived in three distinct spaces: pure public, pure private, and hybrid middle spaces that are neither state nor home. Which body of law governs the shops, gyms, and workplaces that are formally accessible to all, but functionally hostile to Black, female, poor, and other marginalized Americans? From the liberal midcentury onward, social justice advocates have treated these spaces as fundamentally public and fully remediable via public law equity commands. This article takes a broader view. It urges a tort law revival in …
Professor Aaron Twerski: Special Master In The 9/11 Responders' Litigation, Stephan Landsman
Professor Aaron Twerski: Special Master In The 9/11 Responders' Litigation, Stephan Landsman
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
Aaron Twerski — Practical Wisdom At Ground Zero, Anthony J. Sebok
Aaron Twerski — Practical Wisdom At Ground Zero, Anthony J. Sebok
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article celebrates Professor. Aaron Twerski’s “practical wisdom” in crafting a solution (with Jim Henderson) to a problem faced by Judge Alvin Hellerstein in the so-called 9/11 First Responder cases. The problem was that Congress did not include these plaintiffs within the Victims Compensation Fund (“VCF”) despite there being every reason to suspect that the interaction of workersman’s compensation law and tort law, if left to operate on their own, would generate a politically unacceptable outcome. Despite his clear misgivings – —expressed decades earlier – —about allowing those who control the workplace to enjoy the benefits of limited liability guaranteed …
Without A Voice, Without A Forum: Finding Iirira Section 1252(G) Unconstitutional, Amanda Simms
Without A Voice, Without A Forum: Finding Iirira Section 1252(G) Unconstitutional, Amanda Simms
Brooklyn Law Review
The Federal Tort Claims Act (FTCA) abrogates sovereign immunity in certain circumstances to allow private individuals, regardless of citizenship, to sue the United States for specific torts committed by government officials. Yet when two lawful permanent residents—located in different parts of the country—separately tried to sue the government for wrongful removal, one court dismissed the suit for lack of subject matter jurisdiction while the other court did not. These decisions, though reaching opposite conclusions, both relied on federal immigration statute 8 U.S.C. § 1252(g) in order to determine whether judicial review of immigrants’ removal orders is precluded. This note argues …
The Heavy Hand Of Amazon: A Seller Not A Neutral Platform, Edward J. Janger, Aaron D. Twerski
The Heavy Hand Of Amazon: A Seller Not A Neutral Platform, Edward J. Janger, Aaron D. Twerski
Brooklyn Journal of Corporate, Financial & Commercial Law
Since the adoption of Section 402A of the Second Restatement of Torts, every party in a product’s distribution chain has been potentially liable for injuries caused by product defects. Consumers who buy from reputable sellers are almost always guaranteed to have a solvent defendant if injured by a product defect. Amazon, though responsible for a vast number of retail sales, has sought to avoid liability by claiming that it is not a seller but a neutral platform that merely facilitates third-party sales to consumers. With two significant exceptions, most courts have sided with Amazon and concluded that Amazon is not …
Who Sells? Testing Amazon.Com For Product Defect Liability In Pennsylvania And Beyond, Aaron Doyer
Who Sells? Testing Amazon.Com For Product Defect Liability In Pennsylvania And Beyond, Aaron Doyer
Journal of Law and Policy
Pennsylvania, like other states, has struggled over the past few decades to apply the policy principles of product defect law—a tort characterized by strict liability. Because strict liability bypasses the traditional requirement in tort that a plaintiff prove the defendant’s negligence, and instead requires only a showing that the plaintiff was injured by a product sold in a defective condition, these inquiries raise a deceptively simple question: who sells? Recently, in a landmark case in Pennsylvania, the Third Circuit made waves by declaring Amazon.com, an enormous online marketplace, the legal “seller” of a product shipped and sold by a vendor …
Increasing Lapses In Data Security: The Need For A Common Answer To What Constitutes Standing In A Data Breach Context, Aaron Benjamin Edelman
Increasing Lapses In Data Security: The Need For A Common Answer To What Constitutes Standing In A Data Breach Context, Aaron Benjamin Edelman
Journal of Law and Policy
As the number of data breaches continues to rise in the United States, so does the amount of data breach litigation. Many potential plaintiffs who suffered as victims of data breaches, however, find themselves in limbo regarding the issue of standing before a court because of a significant split on standing determinations amongst the federal circuit courts. Thus, while victims of data breaches oftentimes have their personal information fall into the hands of nefarious characters who intend to use the information to a victim’s detriment, that may not be enough to provide victims a right to sue in federal court …
Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney
Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney
Journal of Law and Policy
Over the past several decades, there has been an unmistakable tension between labor law and immigration law in the United States. That tension, addressed by the Supreme Court most recently in 2001, still exists for unauthorized immigrant workers who wish to assert their labor rights under the National Labor Relations Act (NLRA). While the Obama Administration has made significant strides in easing the concerns that unauthorized immigrant workers may have before filing an NLRA claim, the unavailability of the back pay remedy and the uncertainty of protection from immigration authorities leave little incentive for such workers to assert their labor …
Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein
Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein
Journal of Law and Policy
Over the last several years, data breaches have become increasingly more common, due in no small part to the failures of organizations charged with storing and protecting personal data. Consumers whose data has fallen victim to these breaches are more often turning to federal courts in attempts to be made whole from the loss of their information, whether simple credit card information or, as breaches become more sophisticated, social security information, medical and financial records, and more. These consumers are often being turned away from the courthouse, however, due to a failure of many federal courts to find that the …
The 9/11 Litigation Database: A Recipe For Judicial Management, Aaron D. Twerski, Judge Alvin K. Hellerstein, James A. Henderson, Jr.
The 9/11 Litigation Database: A Recipe For Judicial Management, Aaron D. Twerski, Judge Alvin K. Hellerstein, James A. Henderson, Jr.
Faculty Scholarship
No abstract provided.
Real Remedies For Virtual Injuries, Anita Bernstein
Real Remedies For Virtual Injuries, Anita Bernstein
Faculty Scholarship
No abstract provided.
Restatement (Third) Of Torts: General Principles And The Prescription Of Masculine Order, Anita Bernstein
Restatement (Third) Of Torts: General Principles And The Prescription Of Masculine Order, Anita Bernstein
Faculty Scholarship
No abstract provided.