Torts Commons^™

Veiled Justice: Secularism And The Hijab Across Democracies, Mohamed ‘Arafa

Seattle University Law Review

For much of 2022, Iran was gripped by widespread protests led by women who openly challenged the regime’s authority, particularly its compulsory veiling laws, following the death of Mahsa Amini in police custody. Women around the globe came around and showed solidarity with the women in Iran. However, in non-Islamic countries and societies, one can still make out many prejudices and stereotyping connected to the question of whether and to what extent veiling is mandatory for women according to Shārīe’ā law. Is wearing the hijab a choice, or rather, an essential religious practice that religious Muslim women need to obey? …

Rewriting The Playbook: The X’S And O’S Of The House Settlement And The Future Of Student-Athletes’ Voice In Their Compensation, Matthew K.V. Glazer

Seattle University Law Review

Since the formation of the National Collegiate Athletic Association (NCAA) in the 1900s, collegiate athletes (student-athletes) have been prohibited from using their own name, image and likeness (NIL) for profit. But on July 1, 2021, the NCAA changed course and began allowing student-athletes to profit from their own NIL. In the past few years, U.S. college athletics have undergone significant changes, most notably introducing monetary compensation for student-athletes’ NIL. While these changes were long overdue and ultimately beneficial, they have significantly disrupted the landscape of college sports, giving rise to numerous challenges that some experts have compared to the “Wild …

Mr. Trump Goes To Washington Part Ii: A Review Of Richard Delgado's 2025, Kevin Johnson

Seattle University Law Review

Richard Delgado’s The Rodrigo Chronicles have captivated a generation of law students and legal scholars.  Mapping the terrain of race, racism, and Critical Race Theory (CRT), the skillful, and long-running narrative series stands as a testament to Delgado’s dedication to justice for all.

The Rodrigo Chronicles are simply one of Delgado’s many intellectual contributions and part of an unparalleled scholarly legacy.  As one of the founders of CRT, he produced a landmark body of scholarship –authoring the field's primary text,  making the argument for the regulation of hate speech,  forcefully challenging the Black/white binary of civil rights that long dominated …

Off-Label Neuroimaging, Jane C. Moriarty

Law Faculty Publications

The growth of neuroimaging evidence in the courtroom is consistent with the increased reliance on technical and machine-based specialties at trial. Litigants routinely seek to introduce neuroimaging evidence in both civil and criminal trials to supplement traditional medical, psychiatric, and psychological opinion testimony. A substantial portion of neuroimaging evidence is still in the developmental stage—what I term “off-label neuroimaging.” Unsurprisingly, evaluating the reliability of developing neuroimaging poses challenging questions for gatekeeping courts. Among the complex evidentiary issues neuroimaging presents for courts and litigants, this Article considers one foundational question: How should courts determine whether neuroimaging evidence is sufficiently reliable for …

Infliction Of Precarity: Risk, Vulnerability, And Tort Law, Saad Al-Obaidi

Journal of Law and Policy

Imposing a risk of harm on someone should be a tort in certain unjustifiable circumstances, regardless of whether the harms at risk materialize. A doctrinal undercurrent exists that supports this proposal concerning latent or delayed harms as legally cognizable injuries. Even though it is a basic moral principle not to put others at risk of harm without justification, courts deny in principle recovery for risks that lack concomitant externalizations in some familiar form of harm, like physical, pecuniary, or emotional damage to the person. This Article argues that tort law should offer recovery for unjustified risk impositions in circumstances that …

Whose Ai Data Center Line Is It Anyway? Proposing A Regulatory Framework To Provide Redress To Communities Impacted By The Externalities Of Ai, Jane Franks

Journal of Law and Policy

In some ways, artificial intelligence is not new. Humans have theorized and dreamed about AI in some form or another for thousands of years. However, as AI becomes a reality and both companies and countries alike are racing to establish dominance in the field, AI does not feel too familiar. The increased amounts of power and water required by AI data centers are unprecedented, and the federal and state legislative response to the issues facing the communities surrounding AI data centers—and the country at large—has been fragmented at best, and non-existent at worst. This Note examines the externalities of AI, …

The Martha Wright-Reed Act: How The Fcc Took One Step Forward For Communication Equality For Deaf Individuals In Correctional Facilities And How It Could Be Expanded, Ashley Seebold

Seattle University Law Review

For decades, phone companies preyed on incarcerated individuals and their loved ones due to the lack of regulation of jail phone calls.2 In 2021, the average cost of a fifteen-minute jail phone call was about $3.3 In 2022, the average cost rose to $5.74, while some individuals faced an extreme charge of $24.82 for the same amount of time.4 In the early 2000s, consumer advocate and concerned grandmother Martha Wright-Reed called upon the Federal Communications Commission (FCC) to fix the imbalance so she could speak to her incarcerated grandson.5 Eventually, in 2023, the FCC answered her call to action and …

Curbing Unsupported Claims In Mass Tort Litigation, Cary Silverman

University of Cincinnati Law Review

No abstract provided.

Victor Schwartz: Issues And Reforms In Mass Tort Litigation, Elaine Panagakos

University of Cincinnati Law Review

No abstract provided.

Violent White Exclusionary Destruction Of Black Property Is A Public Nuisance: The Tulsa Race Massacre And Beyond, Eric Miller

University of Cincinnati Law Review

No abstract provided.

"Market Shift Liability" For Generic Drugs: Market Share Theory's Eccentric New Cousin, Lars Noah

Texas A&M Law Review

Market share liability, which permits allocating proportional responsibility to each tortious member of an industry when victims cannot identify the exact source of their injurious exposure, enjoyed its judicial heyday in the 1980s. It originated in the peculiar setting of litigation over a distinctive cancer that developed decades after in utero exposure to the drug diethylstilbestrol (“DES”), which a few hundred companies had produced and sold for the prevention of miscarriages before federal regulators withdrew it from the marketplace. Although judges have occasionally attempted novel extensions of this theory to other products, and academic commentators remain fascinated by its use, …

Esg-Based Litigation: A Solution To Social Media Companies’ Immunization From Liability For Human Trafficking On Their Platforms, Grace Dore

Brooklyn Journal of Corporate, Financial & Commercial Law

Social media platforms have transformed communication, but they have also become a critical tool for human traffickers, who use them to recruit victims, maintain control, and facilitate illegal activities. Despite this, social media companies have largely avoided legal accountability due to the broad immunity provided by Section 230 of the Communications Decency Act (“CDA”), which courts have interpreted to shield platforms from lawsuits arising from user activity. Congress has sought to address this gap through legislation such as the Trafficking Victims Protection Act (“TVPA”) and the Allow States and Victims to Fight Online Sex Trafficking Act (“FOSTA”). However, these efforts …

The Search For Moby Dick: The Role Of State Law In Maritime Tort Cases, John E. Holloway

Washington and Lee Law Review Online

In 1917, the United States Supreme Court held in Southern Pacific v. Jensen that a state statute is invalid if it “interferes with the proper harmony and uniformity of [the general maritime law].” Over a century after Jensen, we still do not know the limits of this “uniformity principle.” Just two years ago, the United States Supreme Court found that this question—what is the role of state law in maritime cases?—remains “one of the most perplexing in the law.”

This Article tracks the Court’s struggle to make sense of the Uniformity principle. It surveys the Court’s inconsistent rulings and criticisms …

Rosenbrook V. Lloyd, 142 Nev. Adv. Op. 36 (May 14, 2026), David Elder

Nevada Supreme Court Summaries

Motions to dismiss in defamation cases should not be granted in full when some communications are protected under the anti-SLAPP statute and others are not.

Carter (Tyler) V. State Of Nevada, 123 Nev. Adv. Op. 45 (May. 14, 2026), Natalie D'Ambrosio

Nevada Supreme Court Summaries

Carter v. State of Nevada holds that drivers involved in injury crashes must stop, provide identification, and render reasonable assistance, but are not required to remain at the scene until law enforcement authorizes departure.

Georgia’S New Direct Action Landscape For Motor Carriers, William M. Davis

Mercer Law Review

A direct action is a lawsuit in which an injured claimant sues the alleged tortfeasor’s liability insurer directly—often joining the insurer as a defendant alongside—or instead of—the insured. Such suits are typically based on a statute or policy provision that authorizes that suit before the claimant has obtained a judgment against the insured.

Direct actions are generally not allowed in Georgia; however, there are specific statutory exceptions permitting direct actions under certain circumstances. One such statutory exemption was made for direct actions against liability insurers of motor carriers. Until the enactment of S.B. 426 in 2024, direct actions against the …

In Defense Of Creditors’ Schemes For Mass Torts, Rohan Balani

LL.M. Essays & Theses

Companies in the United States have increasingly turned to reorganization under Chapter 11 of the Bankruptcy Code to resolve mass tort claims. Despite this experience, Australian companies have hesitated to use similar processes to achieve the same goal. Instead, mass tort liability continues to be resolved through traditional class action litigation. This essay argues that such hesitation is unfounded and that the creditors’ scheme of arrangement process in Part 5.1 of the Corporations Act 2001 (Cth) provides not only an appropriate method for resolving mass tort liability, but one which is in many respects superior to a Chapter 11 reorganization. …

"Market Shift Liability" For Generic Drugs: Market Share Theory's Eccentric New Cousin, Lars Noah

UF Law Faculty Publications

Market share liability, which permits allocating proportional responsibility to each tortious member of an industry when victims cannot identify the exact source of their injurious exposure, enjoyed its judicial heyday in the 1980s. It originated in the peculiar setting of litigation over a distinctive cancer that developed decades after in utero exposure to the drug diethylstilbestrol (“DES”), which a few hundred companies had produced and sold for the prevention of miscarriages before federal regulators withdrew it from the marketplace. Although judges have occasionally attempted novel extensions of this theory to other products, and academic commentators remain fascinated by its use, …

Plea Bargain Skepticism When Companies Kill People, Peter R. Reilly

Faculty Scholarship

In 2018 and 2019, two Boeing 737 MAX airplanes fell from the sky, killing 346 people—one of the deadliest corporate crimes in U.S. history. Instead of taking the case to trial, the United States Department of Justice (“DOJ”) addressed the matter by using two different alternative dispute resolution vehicles. First, Boeing was given a three-year deferred prosecution agree-ment. That deal was canceled when DOJ determined the company had breached it. Next, Boeing was given a plea bargain. This Article argues that federal courts, which are empowered to approve or reject plea deals, should be skeptical when the government turns to …

Reckitt-Benckiser And Buprenorphine: Opioid Addiction Treatment, Drug Monopolies, And Consumer Implications, Peri G. Heyen

Theses/Capstones/Creative Projects

The opioid crisis in the United States is a deadly epidemic that demands fair and accessible treatment for those affected. The introduction of buprenorphine for opioid addiction disorder in 2002 allowed for the first treatment of the disorder beyond the time intensive and stigmatized practices of methadone clinics, which proved to be revolutionary. Reckitt-Benckiser (“Reckitt”) and former subsidiary Indivior were able to gain a legal monopoly of buprenorphine through their orphan drug exclusivity designation on Suboxone tablets that was approved by the FDA. Once orphan drug exclusivity was near expiration and generic competition began to prepare to enter the market, …