Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Torts (400)
- Social and Behavioral Sciences (47)
- Law and Economics (41)
- Law and Society (38)
- Litigation (36)
-
- Insurance Law (35)
- Constitutional Law (33)
- Health Law and Policy (29)
- Privacy Law (28)
- Contracts (25)
- Business (23)
- Criminal Law (23)
- Jurisprudence (23)
- Legal Remedies (22)
- Civil Procedure (21)
- Environmental Law (21)
- Intellectual Property Law (20)
- Legal Education (20)
- Legal History (20)
- Common Law (18)
- Arts and Humanities (16)
- Comparative and Foreign Law (16)
- Courts (16)
- Economics (16)
- Public Law and Legal Theory (16)
- State and Local Government Law (16)
- Civil Law (15)
- Civil Rights and Discrimination (15)
- First Amendment (15)
- Institution
-
- University of Pennsylvania Carey Law School (45)
- Boston University School of Law (30)
- Maurer School of Law: Indiana University (28)
- University of Georgia School of Law (25)
- Chicago-Kent College of Law (24)
-
- Duke Law (21)
- Mitchell Hamline School of Law (19)
- American University Washington College of Law (17)
- Pace University (16)
- William & Mary Law School (15)
- University of South Carolina (14)
- University of Kentucky (13)
- University of Missouri School of Law (13)
- Georgetown University Law Center (12)
- Singapore Management University (11)
- University of Maryland Francis King Carey School of Law (11)
- University of Michigan Law School (11)
- Washington and Lee University School of Law (11)
- The University of Akron (10)
- University of Colorado Law School (10)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (10)
- BLR (8)
- Louisiana State University Law Center (7)
- Penn State Law (7)
- Roger Williams University (7)
- University of Tennessee College of Law (7)
- Wayne State University (7)
- Columbia Law School (6)
- St. Mary's University (6)
- Touro University Jacob D. Fuchsberg Law Center (6)
- Publication Year
- Publication
-
- Faculty Scholarship (95)
- All Faculty Scholarship (71)
- Faculty Publications (49)
- Scholarly Works (32)
- Articles by Maurer Faculty (26)
-
- Journal Articles (19)
- Articles in Law Reviews & Other Academic Journals (17)
- Elisabeth Haub School of Law Faculty Publications (16)
- Articles (15)
- Law Faculty Scholarly Articles (13)
- Georgetown Law Faculty Publications and Other Works (12)
- Faculty Articles (11)
- Publications (11)
- Research Collection Yong Pung How School Of Law (11)
- Akron Law Faculty Publications (10)
- Nevada Supreme Court Summaries (9)
- Law Faculty Research Publications (7)
- Scholarly Articles (7)
- George Mason University School of Law Working Papers Series (6)
- Scholarship@WashULaw (6)
- Supreme Court Case Files (6)
- LLM Theses and Essays (5)
- Life of the Law School (1993- ) (5)
- Faculty Journal Articles and Book Chapters (4)
- Law & Economics Working Papers Archive: 2003-2009 (4)
- Law Faculty Publications (4)
- Scholarship Chronologically (4)
- Vanderbilt Law School Faculty Publications (4)
- Faculty Works (3)
- Seattle University Law Review Online (3)
Articles 1 - 30 of 534
Full-Text Articles in Law
Law School News: Elisabeth D'Amelio Chosen As Class Of 2024 Graduate Student Commencement Speaker 5-14-24, Jordan J. Phelan
Law School News: Elisabeth D'Amelio Chosen As Class Of 2024 Graduate Student Commencement Speaker 5-14-24, Jordan J. Phelan
Life of the Law School (1993- )
No abstract provided.
Tort Law: Cases And Commentaries, Samuel Beswick
Tort Law: Cases And Commentaries, Samuel Beswick
All Faculty Publications
Preface
The law of obligations concerns the legal rights and duties owed between people. Three primary categories make up the common law of obligations: tort, contract, and unjust enrichment. This casebook provides an introduction to tort law: the law that recognises and responds to civil wrongdoing. The material is arranged in two main parts. Following a brief introduction (§1), the first main part addresses intentional, dignitary and dishonesty torts as well as corresponding defences and remedies (§2-§10). The focus pivots with a consideration of the overarching theories and goals of tort …
Immunity Through Bankruptcy For The Sackler Family, Daniel G. Aaron, Michael S. Sinha
Immunity Through Bankruptcy For The Sackler Family, Daniel G. Aaron, Michael S. Sinha
All Faculty Scholarship
In August 2023, the U.S. Supreme Court temporarily blocked one of the largest public health settlements in history: that of Purdue Pharma, L.P., reached in bankruptcy court. The negotiated bankruptcy settlement approved by the court would give a golden parachute to the very people thought to have ignited the opioid crisis: the Sackler family. As the Supreme Court considers the propriety of immunity through bankruptcy, the case has raised fundamental questions about whether bankruptcy is a proper refuge from tort liability and whether law checks power or law serves power.
Of course, bankruptcy courts often limit liability against a distressed …
America’S “Kia Boys”: The Problem, Responses, And Recommendations, Drew Thornley
America’S “Kia Boys”: The Problem, Responses, And Recommendations, Drew Thornley
Seattle University Law Review Online
The landscape of automobile theft in the United States has undergone a dramatic transformation, marked by a notable surge in the theft of Kia and Hyundai vehicles. Once regarded as a routine occurrence, car thefts have taken on a novel dimension, propelled by a phenomenon driven by digital culture and social media virality. The thefts of these specific car brands have evolved into what is now widely recognized as the "Kia Challenge," a term echoing across popular platforms like TikTok. In this challenge, young teenage individuals, often referred to as the "Kia Boys" or variations thereof, orchestrate daring car heists, …
Anti-Patents, Roy Baharad, Stuart Minor Benjamin, Ehud Gutte
Anti-Patents, Roy Baharad, Stuart Minor Benjamin, Ehud Gutte
Faculty Scholarship
Conventional wisdom has long perceived the patent and tort systems as separate legal entities, each tasked with a starkly different mission. Patent law rewards novel ideas; tort law deters harmful conduct. Against this backdrop, this Essay uncovers the opposing effects of patent and tort law on innovation, introducing the "injurer-innovator problem." Patent law incentivizes injurers --often uniquely positioned to make technological breakthroughs--by allowing them to profit from licensing their inventions to competitors. Yet tort law, by imposing liability for failures to invest in care, forces injurers to incur the cost of implementing their own innovations. When the cost of self-implementation …
Making Sense Of Abatement As A Tort Remedy, Anthony J. Sebok
Making Sense Of Abatement As A Tort Remedy, Anthony J. Sebok
Faculty Articles
Controversy over public nuisance in recent high profile cases invites the question of whether, and to what extent, it is limited by its roots in tort law. This article, which was prepared for the 2023 Clifford Symposium on “New Torts” focuses on causes of action in which the state seeks to enjoin the defendant by requiring that it abate the consequences of the invasion of a public right. In the most controversial of these public nuisance actions, such as lead paint and opioids, the wrongful conduct that is remedied by the injunctive relief has already ceased, and the state does …
Law Library Blog (November 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (November 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Plaintiffs' Process: Civil Procedure, Mdl, And A Day In Court, Elizabeth Chamblee Burch, Abbe R. Gluck
Plaintiffs' Process: Civil Procedure, Mdl, And A Day In Court, Elizabeth Chamblee Burch, Abbe R. Gluck
Scholarly Works
The article focuses on the concept of "plaintiffs process" within the field of civil procedure. It discusses how civil procedure doctrine has traditionally been defendant-centric, focusing on the rights and protections of defendants in legal cases. It examines the role of multidistrict litigation (MDL) in this context and how it impacts plaintiffs rights and access to the courts.
Maurer School Of Law Hosting Icleo Summer Institute Through July, James Owsley Boyd
Maurer School Of Law Hosting Icleo Summer Institute Through July, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
No abstract provided.
Adapting Private Law For Climate Change Adaptation, Jim Rossi, J. B. Ruhl
Adapting Private Law For Climate Change Adaptation, Jim Rossi, J. B. Ruhl
Vanderbilt Law School Faculty Publications
The private law of torts, property, and contracts will and should play an important role in resolving disputes regarding how private individuals and entities respond to and manage the harms of climate change that cannot be avoided through mitigation (known in climate change policy dialogue as “adaptation”). While adaptation is commonly presented as a problem needing legislative solutions, this Article presents a novel and overdue case for private law to take climate adaptation seriously.
To date, the role of private law is a significant blind spot in scholarly discussions of climate adaptation. Litigation invoking common-law doctrines in climate adaption disputes …
Due Process Discontents In Mass-Tort Bankruptcy, J. Maria Glover
Due Process Discontents In Mass-Tort Bankruptcy, J. Maria Glover
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Differentiating Strict Products Liability’S Cost-Benefit Analysis From Negligence, Paul F. Rothstein, Ronald J. Coleman
Differentiating Strict Products Liability’S Cost-Benefit Analysis From Negligence, Paul F. Rothstein, Ronald J. Coleman
Georgetown Law Faculty Publications and Other Works
Dangerous products may give rise to colossal liability for commercial actors. Indeed, in 2021, the U.S. Supreme Court denied certiorari in Johnson & Johnson v. Ingham, permitting a more than two billion dollar products liability damages award to stand. In his dissenting opinion in another recent products liability case, Air and Liquid Systems Corp. v. DeVries, Justice Gorsuch declared that “[t]ort law is supposed to be about aligning liability with responsibility.” However, in the products liability context, there have been ongoing debates concerning how best to set legal rules and standards on tort liability. Are general principles of …
Trolley Problems, Private Necessity, And The Duty To Rescue, Laura A. Heymann
Trolley Problems, Private Necessity, And The Duty To Rescue, Laura A. Heymann
Faculty Publications
Laidlaw v. Sage is generally, at best, an oddity in Torts casebooks today. A case that captured the imagination of New York newspaper readers at the time, Laidlaw involved an explosion that, William Laidlaw argued, the wealthy Russell Sage survived only because, at the last moment, he pulled Laidlaw in front of him to absorb the brunt of the blast. As taught in Torts classrooms, Laidlaw is either a case about the intent requirement for battery or a case about causation. But the case, assuming the plaintiff’s story was true, also provides an interesting window into what would seem to …
Sieracki Lives: A Portrait Of The Interplay Between Legislation And The Judicially Created General Maritime Law, Thomas C. Galligan Jr.
Sieracki Lives: A Portrait Of The Interplay Between Legislation And The Judicially Created General Maritime Law, Thomas C. Galligan Jr.
Journal Articles
In American maritime law, the interplay between the courts and Congress is complex and iterative. A significant body of American admiralty law, the general maritime law, has been judicially created and developed. But Congress has also enacted a number of important statutes governing maritime commerce and the rights of maritime workers, such as the Longshore and Harbor Worker’s Compensation Act (“LHWCA”). The back and forth between the courts and Congress in interpreting those statutes and gauging their impact on and consistency with the general maritime law is ongoing. One important area where the courts development of the general maritime law …
Implementing War Torts, Rebecca Crootof
Implementing War Torts, Rebecca Crootof
Law Faculty Publications
Under the law of armed conflict, no entity is accountable for lawful acts in war that cause harm, and accountability mechanisms for unlawful acts (like war crimes) rarely create a right to compensation for victims. Accordingly, states now regularly create bespoke institutions, like the proposed International Claims Commission for Ukraine, to resolve mass claims associated with international crises. While helpful for specific and politically popular populations, these one-off institutions have limited jurisdiction and thus limited effect. Creating an international “war torts” regime—which would establish route to compensation for civilians harmed in armed conflict—would better address this accountability gap for all …
Litigating Partial Autonomy, Cassandra Burke Robertson
Litigating Partial Autonomy, Cassandra Burke Robertson
Faculty Publications
Who is responsible when a semi-autonomous vehicle crashes? Automobile manufacturers claim that because Advanced Driver Assistance Systems (ADAS) require constant human oversight even when autonomous features are active, the driver is always fully responsible when supervised autonomy fails. This Article argues that the automakers’ position is likely wrong both descriptively and normatively. On the descriptive side, current products liability law offers a pathway toward shared legal responsibility. Automakers, after all, have engaged in numerous marketing efforts to gain public trust in automation features. When drivers’ trust turns out to be misplaced, drivers are not always able to react in a …
From Comprehensive Liability To Climate Liability: The Case For A Climate Adaptation Resilience And Liability Act (Carla), Anthony Moffa
From Comprehensive Liability To Climate Liability: The Case For A Climate Adaptation Resilience And Liability Act (Carla), Anthony Moffa
Faculty Publications
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) created a uniquely broad and powerful scheme of statutory liability for environmental cleanup of contaminated sites. CERCLA famously imposes strict, retroactive, joint and severable liability. One might wonder, especially through the lens of contemporary partisanship, how such a powerful, comprehensive liability scheme passed through Congress in 1980. In large part, CERCLA’s passage can be attributed to historical context that may appear wholly unique at first blush. Now, the world confronts another watershed of environmental history and past actors face a potential flood of liability. Much of the situation is different in …
Idaho's Law Of Seduction, Michael L. Smith
Idaho's Law Of Seduction, Michael L. Smith
Faculty Articles
Seduction is a historical cause of action that permitted women's fathers to bring suit on their daughters' behalf in sexual assault and rape cases. This tort emerged long ago when the law's refusal to recognize women's agency left this as the only means of recovering damages in these cases. As time went on, the tort evolved, and women were eventually permitted to bring lawsuits for seduction on their own behalf. Today, most states have abolished seduction, along with other torts permitting recovery for damages arising from intimate conduct. One could be easily forgiven for thinking that such an archaic tort …
Understanding Intellectual Property: Expression, Function, And Individuation, Mala Chatterjee
Understanding Intellectual Property: Expression, Function, And Individuation, Mala Chatterjee
Faculty Scholarship
Underlying the fundamental structure of intellectual property law — specifically, the division between copyright and patent law — are at least two substantive philosophical assumptions. The first is that artistic works and inventions are importantly different, such that they warrant different legal systems: copyright law on the one hand, and patent law on the other. And the second is that particular artistic works and inventions can be determinately individuated from each other, and can thereby be the subjects of distinct and delineated legal rights. But neither the law nor existing scholarship provides a comprehensive analysis of these categories, what distinguishes …
The Deep Architecture Of American Covid-19 Tort Reform 2020-21, Anthony J. Sebok
The Deep Architecture Of American Covid-19 Tort Reform 2020-21, Anthony J. Sebok
Faculty Articles
The rapid emergence of the COVID-19 pandemic produced massive state actions to protect in public health through the exercise of the police powers by local, state and national governments. In the United States there were calls early in the crisis to exercise the state’s power over tort law: As early as April 2020, the American Tort Reform Association published a White Paper, Responding to the Coming Lawsuit Surge that called for “reasonable constraints on . . . lawsuits that pose an obstacle to the coronavirus response effort, place businesses in jeopardy, and further damage the economy.”
This article, prepared for …
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
Faculty Scholarship
No abstract provided.
Perceptions Of Justice In Multidistrict Litigation: Voices From The Crowd, Elizabeth Chamblee Burch, Margaret S. Williams
Perceptions Of Justice In Multidistrict Litigation: Voices From The Crowd, Elizabeth Chamblee Burch, Margaret S. Williams
Scholarly Works
With all eyes on criminal justice reform, multidistrict litigation (MDL) has quietly reshaped civil justice, undermining fundamental tenets of due process, procedural justice, attorney ethics, and tort law along the way. In 2020, the MDL caseload tripled that of the federal criminal caseload, one out of every two cases filed in federal civil court was an MDL case, and 97% of those were products liability like opioids, talc, and Roundup.
Ordinarily, civil procedure puts tort plaintiffs in the driver’s seat, allowing them to choose who and where to sue, and what claims to bring. Procedural justice tells courts to ensure …
The Surprising Virtues Of Data Loyalty, Neil M. Richards, Woodrow Hartzog
The Surprising Virtues Of Data Loyalty, Neil M. Richards, Woodrow Hartzog
Scholarship@WashULaw
Lawmakers in the United States and Europe are seriously considering imposing duties of data loyalty that implement ideas from privacy law scholarship, but critics claim such duties are unnecessary, unworkable, overly individualistic, and indeterminately vague. This paper takes those criticisms seriously, and its analysis of them reveals that duties of data loyalty have surprising virtues. Loyalty, it turns out, can support collective well-being by embracing privacy’s relational turn; it can be a powerful state of mind for reenergizing privacy reform; it prioritizes human values rather than potentially empty formalism; and it offers solutions that are flexible and clear rather than …
Legislating Data Loyalty, Neil M. Richards, Woodrow Hartzog
Legislating Data Loyalty, Neil M. Richards, Woodrow Hartzog
Scholarship@WashULaw
Lawmakers looking to embolden privacy law have begun to consider imposing duties of loyalty on organizations trusted with people’s data and online experiences. The idea behind loyalty is simple: organizations should not process data or design technologies that conflict with the best interests of trusting parties. But the logistics and implementation of data loyalty need to be developed if the concept is going to be capable of moving privacy law beyond its “notice and consent” roots to confront people’s vulnerabilities in their relationship with powerful data collectors.
In this short Essay, we propose a model for legislating data loyalty. Our …
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 …
The Surprising Virtues Of Data Loyalty, Woodrow Hartzog, Neil M. Richards
The Surprising Virtues Of Data Loyalty, Woodrow Hartzog, Neil M. Richards
Faculty Scholarship
Lawmakers in the United States and Europe are seriously considering imposing duties of data loyalty that implement ideas from privacy law scholarship, but critics claim such duties are unnecessary, unworkable, overly individualistic, and indeterminately vague. This paper takes those criticisms seriously, and its analysis of them reveals that duties of data loyalty have surprising virtues. Loyalty, it turns out, can support collective well-being by embracing privacy’s relational turn; it can be a powerful state of mind for reenergizing privacy reform; it prioritizes human values rather than potentially empty formalism; and it offers solutions that are flexible and clear rather than …
Legislating Data Loyalty, Woodrow Hartzog, Neil Richards
Legislating Data Loyalty, Woodrow Hartzog, Neil Richards
Faculty Scholarship
Lawmakers looking to embolden privacy law have begun to consider imposing duties of loyalty on organizations trusted with people’s data and online experiences. The idea behind loyalty is simple: organizations should not process data or design technologies that conflict with the best interests of trusting parties. But the logistics and implementation of data loyalty need to be developed if the concept is going to be capable of moving privacy law beyond its “notice and consent” roots to confront people’s vulnerabilities in their relationship with powerful data collectors.
In this short Essay, we propose a model for legislating data loyalty. Our …
Anti-Subordination Torts, Scott Skinner-Thompson
Law School News: Rwu Law Remembers Sarah Weddington 12/30/2021, Michael M. Bowden
Law School News: Rwu Law Remembers Sarah Weddington 12/30/2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Absolute Publishing Power And Bulletproof Immunity: How Section 230 Shields Internet Service Providers From Liability And Makes It Impossible To Protect Your Reputation Online, Victoria Anderson
Seattle University Law Review Online
No abstract provided.