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Full-Text Articles in Law
Aggregation And Abuse: Mass Torts In Bankruptcy, Edward J. Janger
Aggregation And Abuse: Mass Torts In Bankruptcy, Edward J. Janger
Faculty Scholarship
No abstract provided.
Privity 2.0 May Be Even Better For Tort Defendants, Anita Bernstein
Privity 2.0 May Be Even Better For Tort Defendants, Anita Bernstein
Faculty Scholarship
No abstract provided.
Immigration Detention And Illusory Alternatives To Habeas, Fatma Marouf
Immigration Detention And Illusory Alternatives To Habeas, Fatma Marouf
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The Supreme Court has never directly addressed whether, or under what circumstances, a writ of habeas corpus may be used to challenge the conditions of detention, as opposed to the fact or duration of detention. Consequently, a circuit split exists on habeas jurisdiction over conditions claims. The COVID-19 pandemic brought this issue into the spotlight as detained individuals fearing infection, serious illness, and death requested release through habeas petitions around the country. One of the factors that courts considered in deciding whether to exercise habeas jurisdiction was whether alternative remedies exist, through a civil rights or tort-based action. This Article …
Statues Of Fraud : Confederate Monuments As Public Nuisances, Emily T. Behzadi
Statues Of Fraud : Confederate Monuments As Public Nuisances, Emily T. Behzadi
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The deaths of George Floyd, Breonna Taylor, and countless other African Americans have capitulated a new wave of social activism throughout the United States. Notwithstanding the existence of one of the most infectious diseases of the 21st century, racist and unrestrained police violence continues to plague American society. The unprecedented national uprisings resulting from the brutal killings of African Americans have positioned the U.S. on the precipice of immense social and political change. This transitory period is marked by an amalgamation of social, political, and cultural influences. However, the continued exhibition of Confederate monuments inexorably stymies the ability to remedy …
Emotional Distress Recovery For Mishandling Of Human Remains: A Fifty State Survey, Christopher Ogolla
Emotional Distress Recovery For Mishandling Of Human Remains: A Fifty State Survey, Christopher Ogolla
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No abstract provided.
Close Encounters Of The Third Kind: The Third Restatement, Duty, And Foreseeability, Michael K. Steenson
Close Encounters Of The Third Kind: The Third Restatement, Duty, And Foreseeability, Michael K. Steenson
Faculty Scholarship
The Restatement (Third) of Torts: Liability for Physical and Emotional Harm (the “Third Restatement”) was adopted by the American Law Institute in 2010. The approach taken by the Third Restatement to negligence law excludes foreseeability from the duty determination and places it squarely as a relevant factor in the breach issue; it adopts the “but-for” standard for causation; and rejects proximate cause terminology, instead utilizing a scope of liability approach in which the key question is whether the harms that occurred were of the same general type that made the actor’s conduct tortious. Removal of foreseeability from the duty determination …
Mypillow Lands Hard In Judge Wright’S Court, Michael K. Steenson
Mypillow Lands Hard In Judge Wright’S Court, Michael K. Steenson
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In Smartmatic USA Corp. v. Lindell, Smartmatic sued Michael Lindell and MyPillow, Inc. in Minnesota federal district court, alleging defamation and violation of Minnesota’s Deceptive Trade Practices Act based on Lindell’s claims of fraud in the 2020 presidential election, including that Smartmatic voting machines were rigged. This post focuses on Smartmatic’s defamation claim against Lindell and MyPillow.
Patient Decision Aids Improve Patient Safety And Reduce Medical Liability Risk, Thaddeus Pope
Patient Decision Aids Improve Patient Safety And Reduce Medical Liability Risk, Thaddeus Pope
Faculty Scholarship
Tort-based doctrines of informed consent have utterly failed to assure that patients understand the risks, benefits, and alternatives to the healthcare they receive. Fifty years of experience with the doctrine of informed consent have shown it to be an abject catastrophe. Most patients lack an even minimal understanding of their treatment options. But there is hope. Substantial evidence shows that patient decision aids (PDAs) and shared decision making can bridge the gap between the theory and practice of informed consent. These evidence-based educational tools empower patients to make decisions with significantly more knowledge and less decisional conflict than clinician-patient discussions …
Replies To Commentators, John C.P. Goldberg, Benjamin C. Zipursky
Replies To Commentators, John C.P. Goldberg, Benjamin C. Zipursky
Faculty Scholarship
With gratitude for our commentators’ thoughtful and generous engagement with Recognizing Wrongs, we offer in this reply a thumbnail summary of their comments and responses to some of their most important questions and criticisms. In the spirit of friendly amendment, Tom Dougherty and Johann Frick suggest that a more satisfactory version of our theory would cast tort actions as a means of enforcing wrongdoers’ moral duties of repair. We provide both legal and moral reasons for declining their invitation. Rebecca Stone draws a particular link between civil recourse in private law theory and the right of self-defense as recognized in …