Category Archives: Tort

Rehan Abeyratne, ‘Ordinary Wrongs as Constitutional Rights: The Public Law Model of Torts in South Asia’

ABSTRACT … While private tort law has remained stillborn in South Asia, constitutional law in the region has blossomed. In the 1980s and 90s, the Indian Supreme Court vastly expanded its constitutional jurisdiction through a series of procedural innovations known as Public Interest Litigation (PIL), which has been emulated across the region. This article examines […]

Hodge and Gostin, ‘Guiding Industry Settlements of Opioid Litigation’

ABSTRACT The recent $270 million settlement of Purdue Pharmaceuticals and the State of Oklahoma on March 26, 2019 concerning the state’s opioid litigation is a harbinger of industry settlements to come. Thousands of opioid-related cases with impending trial dates may stimulate opioid manufacturers, distributors, and retailers to seek new deals to escape historic liability. Against […]

Jacob, Klement and Procaccia, ‘In-Kind Transfers and the Law of Torts’

ABSTRACT The state and charitable institutions provide in-kind services for distributive purposes. Such services generally benefit recipients but in particular instances may also cause them harm. We discuss the optimal tort regime that should apply when such harm occurs. We show that the optimal level of care applicable to such services is lower than if […]

Thomas Naquin, ‘Lagniappe Liability: Limiting Employer’s Vicarious Liability for Punitive Damages in Louisiana’

INTRODUCTION … Part I of this Comment generally discusses punitive damages and vicarious liability in Louisiana. Part II demonstrates the nature of the circuit split and the confusion surrounding the issue of vicarious liability for punitive damages. Part III of this Comment explores the potential solutions that the Louisiana Supreme Court could implement to address […]

Mary Bartkus, ‘The Cost to Society of Pharmaceutical Mass Tort Litigation’

ABSTRACT This lecture for the Foundation for Law, Justice and Society, at Wolfson College, University of Oxford, addresses the cost to society of pharmaceutical mass tort litigation, nearly 15 years after the withdrawal by Merck & Co, Inc of Vioxx® (rofecoxib) from markets worldwide. When Merck withdrew Vioxx based on an increased relative risk of […]

Jill Elaine Hasday, ‘Introduction: Intimate Lies and the Law

ABSTRACT Intimacy and deception are often entangled. People deceive to lure someone into a relationship or to keep her there, to drain an intimate’s bank account or to use her to acquire government benefits, to control an intimate or to resist domination, or to capture myriad other advantages. No subject is immune from deception in […]

Spence Howden, ‘Text Messages Are Property: Why You Don’t Own Your Text Messages, but It’d Be a Lot Cooler if You Did’

ABSTRACT This Note proceeds as follows: Part II offers a brief overview of what text messages are and what they are not. Part III covers the history of intangible personal property law and reviews the evolution of ‘cybertrespass’ claims. Part IV explores the judiciary and the Fourth Amendment’s failure to protect text messages. Finally, Part […]

Malinda Seymore, ‘Adopting Civil Damages: Wrongful Family Separation in Adoption’

ABSTRACT The Trump Administration’s new immigration policy of family separation at the US/Mexico border rocked the summer of 2018. Yet family separation is the prerequisite to every legal adoption. The circumstances are different, of course. In legal adoption, the biological parents are provided with all the constitutional protections required in involuntary termination of parental rights, […]

Myles McLellan, ‘Innocence Compensation: The Success Rate of Actions for Negligent Investigation’

ABSTRACT This research is a qualitative and quantitative analysis on the success rate for plaintiffs who bring actions for negligent investigation against police officers who have wrongly accused them of criminality. This research falls within the broader framework of the success rate of plaintiffs who also seek damages from both police services and crown counsel […]

Conference honouring Helmut Koziol, Ulrich Magnus and Pierre Widmer: Amsterdam, 7 November 2019

On the 7th of November 2019 the Dutch Association for Liability Law and the Law of Remedies will devote a conference to honour the major contributions of three giants in the realm of liability law: Professor Helmut Koziol, Professor Ulrich Magnus and Professor Pierre Widmer. Three distinguished experts – Professor Ernst Karner, University of Vienna […]