Open Access. Powered by Scholars. Published by Universities.®

Torts Commons™

Open Access. Powered by Scholars. Published by Universities.®

9,026 Full-Text Articles 6,895 Authors 8,577,575 Downloads 140 Institutions

All Articles in Torts

Faceted Search

9,026 full-text articles. Page 58 of 153.

Tort Theory, Private Attorneys General, And State Action: From Mass Torts To Texas S.B. 8, John C.P. Goldberg, Benjamin C. Zipursky 2021 Harvard Law School

Tort Theory, Private Attorneys General, And State Action: From Mass Torts To Texas S.B. 8, John C.P. Goldberg, Benjamin C. Zipursky

Faculty Scholarship

Late twentieth-century tort theory was dominated by scholars who regarded tort law as primarily a means employed by government to deter anti-social conduct. On this model, tort plaintiffs are cast as private attorneys general whose lawsuits promote safety. Tort theorists today better appreciate that this approach obscures crucial respects in which tort law is private law–law that empowers persons who have been wronged to redress the wrongs done to them. But in practice there is a continued failure to perceive the ways in which the deterrence model has shaped and distorted views of tort law, as evidenced by the terms …


Spandeck: A Relational View Of The Duty Of Care, Kian Peng SOH 2021 Singapore Management University

Spandeck: A Relational View Of The Duty Of Care, Kian Peng Soh

Research Collection Yong Pung How School Of Law

The use of a general framework in the determination of a duty of care has seemingly fallen out of favour following the UK Supreme Court’s decision in Robinson. Relying on the example of the Spandeck framework in Singaporean jurisprudence, this piece presents the argument that such frameworks, being consistent with a relational conception of tort law, can provide a useful means of determining whether a duty of care exists. In so doing, this piece addresses some criticisms of the relational view and re-emphasises the important role the duty of care plays in the tort of negligence.


Towards A Control-Centric Account Of Tort Liability For Automated Vehicles, Jerrold Tsin Howe SOH 2021 Singapore Management University

Towards A Control-Centric Account Of Tort Liability For Automated Vehicles, Jerrold Tsin Howe Soh

Research Collection Yong Pung How School Of Law

Existing motor vehicle accident laws are generally described as ‘driver-centric’, since regulatory, liability, and insurance obligations revolve around drivers. This is sometimes taken to imply that they cannot apply to automated vehicles. This article seeks to re-centre the liability discussion around the tortious doctrine of control. It argues centrally that properly understanding legal control as influence over metaphysical risks, rather than physical objects, clarifies that automated vehicles are both legally controllable in theory, despite having no human drivers, and legally controlled in practice, despite their reliance on machine learning. Examining today’s automated driving technology and businesses, this article demonstrates how …


The Cost Of Guilty Breach: Willful Breach In M&A Contracts, Theresa Arnold, Amanda Dixon, Madison Whalen Sherrill, Hadar Tanne, Mitu Gulati 2021 Duke Law School

The Cost Of Guilty Breach: Willful Breach In M&A Contracts, Theresa Arnold, Amanda Dixon, Madison Whalen Sherrill, Hadar Tanne, Mitu Gulati

Faculty Scholarship

The traditional framework of United States private law that every first-year student learns is that contracts and torts are different realms—contracts is the realm of strict liability and torts of fault. Contracts, we learn from the writings of Justice Holmes and Judge Posner, are best viewed as options; they give parties the option to perform or pay damages. The question we ask is whether, in the real world, that is indeed how contracting parties view things. Using a dataset made up of one thousand mergers and acquisitions (M&A) contracts and thirty in-depth interviews with M&A lawyers, we find that there …


Seeking Economic Justice In The Face Of Enduring Racism, Deseriee A. Kennedy 2021 Touro Law Center

Seeking Economic Justice In The Face Of Enduring Racism, Deseriee A. Kennedy

Scholarly Works

No abstract provided.


Some Objections To Strict Liability For Constitutional Torts, Michael L. Wells 2021 University of Georgia School of Law

Some Objections To Strict Liability For Constitutional Torts, Michael L. Wells

Georgia Law Review

Qualified immunity protects officials from damages for
constitutional violations unless they have violated “clearly
established” rights. Local governments enjoy no immunity, but
they may not be sued on a vicarious liability theory for
constitutional violations committed by their employees. Critics
of the current regime would overturn these rules in order to
vindicate constitutional rights and deter violations. This
Article argues that across-the-board abolition of these limits on
liability would be unwise as the costs would outweigh the
benefits. In some contexts, however, exceptions may be justified.
Much of the recent controversy surrounding qualified
immunity involves suits in which police officers …


Lech's Mess With The Tenth Circuit: Why Governmental Entities Are Not Exempt From Paying Just Compensation When They Destroy Property Pursuant To Their Police Powers, Emilio R. Longoria 2021 St. Mary's University School of Law

Lech's Mess With The Tenth Circuit: Why Governmental Entities Are Not Exempt From Paying Just Compensation When They Destroy Property Pursuant To Their Police Powers, Emilio R. Longoria

Faculty Articles

On June 29, 2020, the Supreme Court denied certiorari in Lech v. Jackson, a Tenth Circuit inverse condemnation case, which held that governmental entities are categorically exempt from paying just compensation when they destroy private property pursuant to their police powers. This denial of certiorari cements a highly controversial circuit court holding into our takings jurisprudence the effects of which will be serious and far reaching. This article dissects the Tenth Circuit's opinion in Lech and explains how and why this holding should be revisited. If it is not, we risk losing the protection that the Fifth Amendment's Just Compensation …


Reconstructing Malice In The Law Of Punitive Damages, Marc O. DeGirolami 2021 The Catholic University of America, Columbus School of Law

Reconstructing Malice In The Law Of Punitive Damages, Marc O. Degirolami

Scholarly Articles

Punitive damages present two related puzzles. One concerns their object. If they are punitive, their object is to punish tortfeasors. If they are damages, their object is to compensate tort victims. If they are both, the problem is to reconcile these different objects in applying them. A second puzzle involves their subject. Punitive damages are awarded for egregious wrongdoing. But the nature of that egregiousness is nebulous and contested, implicating many poorly understood terms. The two puzzles are connected, because the subject of punitive damages will inform their object. Once we know the type of wrongfulness that punitive damages deal …


Designing Children: Tort Liability For Medical Providers In The Era Of Crispr/Cas-9 Geneticc Editing, Sarah Roa 2021 Mitchell Hamline School of Law

Designing Children: Tort Liability For Medical Providers In The Era Of Crispr/Cas-9 Geneticc Editing, Sarah Roa

Mitchell Hamline Law Review

No abstract provided.


The Euclid Proviso, Ezra Rosser 2021 American University Washington College of Law

The Euclid Proviso, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

This Article argues that the Euclid Proviso, which allows regional concerns to trump local zoning when required by the general welfare, should play a larger role in zoning's second century. Traditional zoning operates to severely limit the construction of additional housing. This locks in the advantages of homeowners but at tremendous cost, primarily in the form of unaffordable housing, to those who would like to join the community. State preemption of local zoning defies traditional categorization; it is at once both radically destabilizing and market-responsive. But, given the ways in which zoning is a foundational part of the racial and …


A Duty Of Loyalty For Privacy Law, Neil M. Richards, Woodrow Hartzog 2021 Washington University in St. Louis School of Law

A Duty Of Loyalty For Privacy Law, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

Data privacy law fails to stop companies from engaging in self-serving, opportunistic behavior at the expense of those who trust them with their data. This is a problem. Modern tech companies are so entrenched in our lives and have so much control over what we see and click that the self-dealing exploitation of people has become a major element of the internet’s business model.

Academics and policymakers have recently proposed a possible solution: require those entrusted with people’s data and online experiences to be loyal to those who trust them. But many have concerns about a duty of loyalty. What, …


The Past, Present, And Future Of The Restatement Of Copyright, Shyamkrishna Balganesh, Jane C. Ginsburg 2021 Columbia Law School

The Past, Present, And Future Of The Restatement Of Copyright, Shyamkrishna Balganesh, Jane C. Ginsburg

Faculty Scholarship

It is now six years since the American Law Institute (ALI) began work on its first ever Restatement of an area dominated by a federal statute: copyright law. To say that the Restatement of the Law, Copyright (hereinafter “Restatement”) has been controversial would be a gross understatement. Even in its inception, the ALI identified the project as an outlier, noting that it was likely to be seen as an “odd project” since copyright “is governed by a detailed federal statute.”1 Neither the oddity nor the novelty of the project, however, caused the ALI to slow its efforts to push the …


Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal 2020 Fordham Law School

Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal

Fordham Environmental Law Review

No abstract provided.


Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani 2020 Fordham Law School

Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani

Fordham Environmental Law Review

No abstract provided.


Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston 2020 Fordham University School of Law

Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston

Fordham Environmental Law Review

No abstract provided.


Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez 2020 Fordham Law School

Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez

Fordham Environmental Law Review

No abstract provided.


Utilizing Tort Law To Deter Misconduct In The Public Sector, Boaz Segal 2020 Seattle University School of Law

Utilizing Tort Law To Deter Misconduct In The Public Sector, Boaz Segal

Seattle Journal for Social Justice

No abstract provided.


Warranty, Product Liability And Transaction Structure: The Problem Of Amazon, Edward J. Janger, Aaron D. Twerski 2020 Brooklyn Law School

Warranty, Product Liability And Transaction Structure: The Problem Of Amazon, Edward J. Janger, Aaron D. Twerski

Brooklyn Journal of Corporate, Financial & Commercial Law

Amazon, and other internet sales platforms, have revolutionized the manner in which goods are purchased and sold. The obligations undertaken by Amazon in those sales are unclear, both as a matter of transparency, and as a matter of legal doctrine. Is Amazon a store? Is it a shipper? Is it a telephone? In various transactions Amazon can play some or all of these roles. Choosing the right metaphor has consequences. Amazon knows this and has done everything it can to deploy the metaphors selectively to its best legal and practical advantage, even when the chosen characterizations are inapt or even …


Cyber-Insecurity: The Reasonableness Standard In Internet Of Things Device Regulation And Why Technical Standards Are Better Equipped To Combat Cybercrime, Chynna Rose Foucek 2020 Brooklyn Law School

Cyber-Insecurity: The Reasonableness Standard In Internet Of Things Device Regulation And Why Technical Standards Are Better Equipped To Combat Cybercrime, Chynna Rose Foucek

Brooklyn Journal of Corporate, Financial & Commercial Law

While the Internet of Things (IoT) has created an interconnected world via phones, laptops, and even household devices, it is not infallible. As cyber-attacks increase in frequency, affecting companies of all sizes and industries, IoT device manufacturers have become particularly vulnerable, due in large part to the fact that many companies fail to implement adequate cybersecurity protocols. Mass data breaches occur often. However, these companies are not held accountable due to the use of the reasonableness standard in existing cybersecurity legislation, which is flexible and malleable. In 2019, the California Legislature enacted a cybersecurity law specific to IoT device manufacturers. …


Symposium: Consumer Welfare Market Structure And Political Power, Edward J. Janger 2020 Brooklyn Law School

Symposium: Consumer Welfare Market Structure And Political Power, Edward J. Janger

Brooklyn Journal of Corporate, Financial & Commercial Law

Two competing visions dominate the fields of antitrust and consumer protection: neo-liberal and progressive. The neo-classical approach is associated with Robert Bork and the Law and Economics Movement. The progressive strand is older, identified with Brandeis and early 20th Century social reform. As a matter of chronology the Brandeisian view dominated into the 1970s, but from 1980, until recently, the Borkian law and economics approach has been in ascendancy in Congress, the academy, and in the courts. Technological change and events in the broader economy have caused the politics and the academic focus to shift. The financial crisis of 2008-09 …


Digital Commons powered by bepress