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Full-Text Articles in Law
Driverless Cars And The Much Delayed Tort Law Revolution, Andrzej Rapaczynski
Driverless Cars And The Much Delayed Tort Law Revolution, Andrzej Rapaczynski
Faculty Scholarship
The most striking development in the American tort law of the last century was the quick rise and fall of strict manufacturers’ liability for the huge social losses associated with the use of industrial products. The most important factor in this process has been the inability of the courts and academic commentators to develop a workable theory of design defects, resulting in a wholesale return of negligence as the basis of products liability jurisprudence. This article explains the reasons for this failure and argues that the development of digital technology, and the advent of self-driving cars in particular, is likely …
Contract Law And The Hand Formula, Daniel P. O'Gorman
Contract Law And The Hand Formula, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Mainstreaming Privacy Torts, Danielle K. Citron
Mainstreaming Privacy Torts, Danielle K. Citron
Faculty Scholarship
In 1890, Samuel Warren and Louis Brandeis proposed a privacy tort and seventy years later, William Prosser conceived it as four wrongs. In both eras, privacy invasions primarily caused psychic and reputational wounds of a particular sort. Courts insisted upon significant proof due to those injuries’ alleged ethereal nature. Digital networks alter this calculus by exacerbating the injuries inflicted. Because humiliating personal information posted online has no expiration date, neither does individual suffering. Leaking databases of personal information and postings that encourage assaults invade privacy in ways that exact significant financial and physical harm. This dispels concerns that plaintiffs might …
When Criminal And Tort Law Incentives Run Into Tight Budgets And Regulatory Discretion, William G. Childs
When Criminal And Tort Law Incentives Run Into Tight Budgets And Regulatory Discretion, William G. Childs
Faculty Scholarship
Eight-year-old Greyson Yoe was electrocuted while waiting to get on the "Scooters" bumper car ride at the Lake County Fair in northeastern Ohio. The failure to ground the ride structure and damage to a light fixture on the ride caused his death. The day before the electrocution, two inspectors from the Ohio Department of Agriculture (ODA) inspected the ride and passed it as "safe to operate." That inspection was superficial and grossly inadequate, and the completed inspection form had serious misrepresentations. Indeed, the inspectors later admitted that they never reviewed the key electrical items that they checked off on the …
A Missing Markets Theory Of Tort Law, Keith N. Hylton
A Missing Markets Theory Of Tort Law, Keith N. Hylton
Faculty Scholarship
This Article provides a framework for reconciling the tension between tort doctrine and economic theory, and for addressing the general failure of economically oriented theories to come to grips with doctrine at a detailed level. My claim is that tort doctrine should be viewed as a response to the incompleteness of markets, or more generally the problem of missing markets. Because of market incompleteness, some of the benefits as well as costs associated with activities will be shifted or "externalized" to third parties. Tort doctrine reflects sensitivity to the externalization of benefits and costs. It can therefore be understood only …
The Draft Ali Product Liability Proposals: Progress Or Anachronism?, Oscar S. Gray
The Draft Ali Product Liability Proposals: Progress Or Anachronism?, Oscar S. Gray
Faculty Scholarship
No abstract provided.
On Sugarman On Tort-Chopping, Oscar S. Gray