Category Archives: Tort

Marc Ginsberg, ‘Informed Consent: No Longer Just What the Doctor Ordered? Revisited’

Abstract As the law of informed consent has developed and courts have recently considered different informed consent issues unrelated to the typical required disclosure. In light of these decisions, I have concluded that it is time to revisit the unconventional and other selected topics of informed consent. Ginsberg, Marc, Informed Consent: No Longer Just What […]

‘Measuring Common Claims About Class Actions’

Joanna C Schwartz, The Cost of Suing Business, 65 DePaul Law Review 655 (2016). Joanna C Schwartz’s 2016 article, ‘The Cost of Suing Business’, comes out of the Clifford Symposium on Tort Law and Social Policy at DePaul University College of Law – an annual gathering now in its twenty-fourth year that, under Professor Stephan […]

Keren-Paz and Wright, ‘Liability for Mass Sexual Abuse’

Abstract When harm is caused to victims by multiple injurers, difficult issues arise in determining causation of, legal responsibility for, and allocation of liability for those harms. Nowhere is this more true than in child pornography and sex trafficking cases, in which individuals have been victimized over extended periods of time by hundreds or even […]

Kenneth Abraham, ‘Tort Luck and Liability Insurance’

Abstract Important features of both the incidence and magnitude of tort liability depend heavily, and therefore arbitrarily, on luck. One of a number of examples is the eggshell-plaintiff rule, which imposes liability for all the physical injury a defendant causes, even if the amount of that injury was unforeseeable. In each instance, tort liability hinges […]

Craig Purshouse, ‘Utilitarianism as tort theory: countering the caricature’

Abstract Utilitarianism, the view that ‘actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness’, is no longer taken seriously either as a moral principle or as a theory of tort law. Rights-based theories appear to have won the day. The purpose of this […]

Sarit Mizrahi, ‘Ontario’s New Invasion of Privacy Torts: Do They Offer Monetary Redress for Violations Suffered via the Internet of Things?’

Abstract In the age of the Internet of Things, we are all susceptible to countless privacy violations. Society’s prevalent use of interconnected devices enables companies to collect and manipulate users’ personal data for their own monetary benefits. While the law grapples with how best to protect users from such privacy risks, another significant danger has […]

John Yun, ‘Publicity and the Optimal Punitive Damage Multiplier’

Abstract When punitive damage awards create publicity, this could affect the behavior of uncompensated victims, which has implications for the optimal punitive damage multiplier. A new adjusted multiplier is derived that incorporates publicity into the analytical framework. Assuming that all victims receive uniform punitive awards, the result is a lower punitive multiplier relative to the […]

‘Apologies and Remedial Mismatches’

“While the context is admittedly horrific – victims of sexual abuse and the Catholic Church – data from the Netherlands, which in 2011 implemented a victim-friendly procedure for victims of sexual abuse by the Catholic Church, provide truly unique insights into ‘whether and how nonmonetary needs can be addressed within the context of tort law […]

Scott Skinner-Thompson, ‘Privacy’s Double Standards’

Abstract Where the right to privacy exists, it should be available to all people. If not universally available, then particularly accessible to marginalized individuals who are subject to greater surveillance and are less able to absorb the social costs of privacy violations. But in practice, people of privilege tend to fare better when they bring […]

Christine Nero Coughlin, ‘E-Consent: Can Informed Consent Be Just a Click Away?’

Abstract As hospitals continue to modernize, electronic informed-consent forms or processes-also known as e-formed consent-are becoming more prevalent. E-formed consent has already been tested and implemented in a variety of hospitals nationwide. Although it is impossible, and even unwise, to attempt to halt technology, taking time to reflect on its impact can ‘be seen as […]