Category Archives: Tort

‘Research, Innovative treatments and Barriers for innovation including liability’: Keele University, 14 September 2017

This seminar is part of an ESRC funded series which will examine the relationship between the regulation of research, and of innovative treatments and the effects on innovation. Issues to be addressed include the distinction between innovative treatment and research; the responsibilities of the scientist versus the clinician in translation of innovative therapies; the relative […]

Joanna Manning, ‘Does the Law on Compensation for Research-Related Injury in the UK, Australia, and New Zealand Meet Ethical Requirements?’

Abstract: Despite a consensus that society owes an ethical obligation to compensate for research-related injury, and that no-fault is the best ethical response, an assessment of the compensation arrangements in place in the UK, Australia and New Zealand shows that in general compensation arrangements fall below this ethical expectation. Most subjects rely on ex gratia […]

‘The Real World’

Karen Bradshaw, Settling for Natural Resource Damages, 40 Harvard Environmental Law Review 211 (2016); James W Coleman, How Cheap Is Corporate Talk? Comparing Companies’ Comments on Regulations with Their Securities Disclosures, 40 Harvard Environmental Law Review 48 (2016). My very first law professor, Bob Ellickson, once said to my Torts class: ‘You know how law […]

Colin Mitchell and others, ‘Exploring the potential duty of care in clinical genomics under UK law’

Abstract: Genome-wide sequencing technologies are beginning to be used in projects that have both clinical diagnostic and research components. The clinical application of this technology, which generates a huge amount of information of varying diagnostic certainty, involves addressing a number of challenges to establish appropriate standards. In this article, we explore the way that UK […]

Paula Giliker, ‘A Revolution in Vicarious Liability: Lister, the Catholic Child Welfare Society Case and Beyond’

Abstract: This paper examines developments in vicarious liability in England and Wales and the extent to which revelations of child sexual abuse have triggered fundamental changes to private law. Starting with Lister v Hesley Hall [2001] UKHL 22, it considers how the law has changed, but also critically appraises the development of a ‘modern theory […]

Bertoli and Grembi, ‘Medical Malpractice: How Legal Liability Affects Medical Decisions’

Abstract: In health care, overuse and underuse of medical treatments represent equally dangerous deviations from an optimal use equilibrium and arouses concerns about possible implications for patients’ health, and for the healthcare system in terms of both costs and access to medical care. Medical liability plays a dominant role among the elements that can affect […]

Symeon Symeonides, ‘The Third Conflicts Restatement’s First Draft on Tort Conflicts’

Abstract: This Article discusses the first draft of the proposed Third Conflicts Restatement dealing with tort conflicts. The Draft’s most noteworthy features include: (1) the distinction between conduct-regulating and loss-allocating tort rules; (2) the application of the law of the parties’ common home state in loss-allocation conflicts; and (3) a rule giving victims of cross-border […]

Catherine Sharkey, ‘Can Data Breach Claims Survive the Economic Loss Rule?’

Abstract: Data security breach cases are fertile ground to explore the impact of the economic loss rule and to challenge the conceptual underpinnings of this judge-made doctrine. The extent to which the economic loss rule serves as a formidable barrier to credit card data security breach cases depends upon the underlying state law; in particular, […]

Robert Rabin, ‘Perspectives on Privacy, Data Security and Tort Law’

Abstract: The continuing problems of data breaches, data misuse, and the consequent failure of current laws to adequately deal with these problems is widely acknowledged. In this article, I provide an overview of the regulatory enforcement and information disclosure strategies for addressing the problem before turning to the main theme of the paper: An assessment […]

Abbe Gluck, ‘Unorthodox Civil Procedure: Modern Multidistrict Litigation’s Place in the Textbook Understandings of Procedure’

Abstract: Multidistrict litigation (MDL) is unorthodox, modern civil procedure. It is an old-but-new procedural tool that significantly disrupts decades of worked-out doctrinal equilibria – and, now comprising a shocking 40% of the cases on the civil docket, MDLs warrant more attention than they have received. The MDL puts a thumb on the scale of nationalism […]