Torts Commons^™

Subsurface Trespass: Private Remedies And Public Regulation, Joseph Schremmer

Faculty Articles

There is a growing literature examining when subsurface invasions from activities like tunneling, horizontal drilling, hydraulic fracturing, and waste disposal will constitute actionable subsurface trespasses. Liability for subsurface trespass has become an important question for many reasons, including that a significant climate-change technology, carbon dioxide sequestration, hinges on the ability to inject massive quantities of carbon dioxide underneath the land of many owners. To date, the subsurface trespass scholarship has paid relatively little attention to two topics downstream of liability:private remedies for trespassing subsurface activities. This Article provides a high level account of the role of, and relationship between, private …

The Concurrent Use Of Land For Carbon Sequestration And Mineral Development, Joseph Schremmer

Faculty Articles

As carbon capture and sequestration projects gain momentum across the United States, questions about the coordination of sequestration with mineral extraction—especially oil and gas development—are growing in urgency. Using many of the same technologies, these two marvels of modern ingenuity aim to exploit the same subsurface resources for different purposes: one to bring out the hydrocarbons and the other to put away the byproducts of their combustion. From needing to drill through each other’s operations to reach deeper strata, to competing for the use of reservoir storage space (“pore space”), mineral development and carbon sequestration projects are sure to clash, …

Take Me To Church [Of Logan], Kelvin Santos

Roger Williams University Law Review

No abstract provided.

Logan Church, Rebekkah Ruth Nardi Stoeckler

Roger Williams University Law Review

No abstract provided.

Martins V. Bridgestone Americas Tire Operations, 266 A.3d 753 (R.I. 2022)., Keith Lefevre

Roger Williams University Law Review

No abstract provided.

Georges V. State, 249 A.3d 1261 (R.I. 2021), Logan Faucher

Roger Williams University Law Review

No abstract provided.

Dextraze V. Bernard, 253 A.3d 411 (R.I. 2021), Angela Amaral

Roger Williams University Law Review

No abstract provided.

Fuoco V. Polisena, 244 A.3d 124 (R.I. 2021), David Marks

Roger Williams University Law Review

No abstract provided.

Henry V. Media General Operations, Inc., 254 A.3d 822 (R.I. 2021), Stefanie D. Fischer

Roger Williams University Law Review

No abstract provided.

Mind The Gap: A Tribute To David Logan On His Retirement, Colleen P. Murphy, Justin R. Kishbaugh

Roger Williams University Law Review

No abstract provided.

Lessons From Logan: Lessons In Life From David Logan, Mary J. Davis

Roger Williams University Law Review

No abstract provided.

Diverse Scholarship, David Anderson

Roger Williams University Law Review

No abstract provided.

Functional Tort Principles For Internet Platforms: Duty, Relationship, And Control, Edward Janger, Aaron Twerski

Faculty Scholarship

No abstract provided.

The Private Enforcement Of National Security, Maryam Jamshidi

Publications

The private enforcement of public law is a central feature of the American administrative state. As various scholars have argued, the federal government depends upon private parties to enforce public laws through litigation in order to achieve the government’s regulatory objectives. This scholarship has, however, largely overlooked the phenomenon of private enforcement in the national security arena. This Article seeks to describe and analyze national security’s private enforcement for the first time. In doing so, it explores what national security’s private enforcement reveals about the costs of private enforcement more broadly. In particular, this Article identifies an important downside to …

Deliberate Indifference: Respondeat Superior Liability For Municipalities In Civil Rights Cases As An Alternative To Qualified Immunity Reform, Mark C. Niles

Faculty Publications

The police killing of George Floyd in Minneapolis, Minnesota, has resulted in a renewed focus on adjudication of civil rights claims against government officials and the perceived inadequacy of the legal resolution of these claims. Calls for reform or complete removal of the defense of qualified immunity for government officials have been central to these discussions.

This Article argues that while arguments for qualified immunity reform are convincing and vital, the exclusive focus on this aspect of civil rights adjudication is misplaced and serves as a distraction from a more basic and consequential flaw in the constitutional tort jurisprudence: the …

Getting The Law Right: An Essay In Honor Of Aaron Twerski, John C.P. Goldberg, Benjamin C. Zipursky

Faculty Scholarship

Written in honor of the great torts scholar Aaron Twerski, this article critically analyzes disturbing developments in New York negligence law as it applies to police who injure innocent bystanders. With the New York Court of Appeals’ 2022 decision in Ferreira v. City of Binghamton as a focal point, it argues that Ferreira and other contemporary decisions have largely betrayed the promise of the 1929 Court of Claims Act, which waived state and municipal immunity for police torts. While courts may be warranted in recognizing certain limits on police negligence liability that do not apply to private actors, the current …

Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles

Seattle University Law Review

In 2020, the Nasdaq Stock Market filed a proposal with the U.S. Securities and Exchange Commission seeking permission to adopt a board diversity-related disclosure requirement for its listed companies. In 2021, the SEC approved the proposal, thus entrenching Nasdaq’s position as the most significant stock exchange to date to mandate listing rules that reflect the intention of diversifying corporate boardrooms. Nasdaq’s movement into the diversity space is not the first attempt to address homogeneous boards in the U.S. In 2009, the SEC adopted a rule requiring publicly traded firms to report on whether they consider diversity in identifying director nominees. …

Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills

Seattle University Law Review

In 2020, the Washington Supreme Court entrusted the legal community with working to eradicate racism from its legal system. Soon after, Washington’s Commission on Judicial Conduct (hereinafter the Commission) received a complaint about a bus ad for North Seattle College featuring King County Superior Court Judge David Keenan. Along with a photo of Judge Keenan’s face, the ad included the following language: “A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David’s changing the world. He started at North.” The Commission admonished Judge Keenan for violating the Code of Judicial Conduct, in part …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum

Seattle University Law Review

Corporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues LGBTQ+ …