Category Archives: Tort

‘What Should Tort Law Do When Autonomous Vehicles Crash?’

“This week it was announced that the 2018 Subaru Crosstrek will continue to be made available with a manual transmission. Each year we ‘save the manuals’ folks cringe as the drip, drip, drip of models no longer featuring stick shifts is announced. Each preservation of driver control of gear selection, such as that of the […]

James Spindler, ‘Vicarious Liability for Managerial Myopia’

Abstract: This paper shows that fines on the firm (vicarious liability) can optimally deter misreporting by the firm’s manager. In a principal-agent model, shareholders choose whether to award equity compensation to a myopic (short-termist) manager. Equity induces effort and misreporting. The wedge between managerial and shareholders’ time horizons provides a measure of agency costs; more-myopic […]

‘In Search of the Missing Plaintiff’

David M Engel, The Myth of the Litigious Society: Why We Don’t Sue (2016). David Engel’s recent book, The Myth of the Litigious Society, has its roots in a piece published over two decades ago, by UCLA’s Richard Abel. In that piece, Abel challenged conventional wisdom by declaring that the ‘real tort crisis’ is an […]

Gilat Bachar, ‘The Occupation Of The Law: Judiciary-Legislature Power Dynamics In Palestinians’ Tort Claims Against Israel’

Abstract: The complex reality of the Israeli-Palestinian Conflict gives rise to violent confrontations between Palestinians and Israeli security forces, which frequently lead to bodily injuries and damage to property of Palestinian civilians. While victims of armed conflict are often forced to resort to international tribunals in order to seek redress for such grievances, the Israeli […]

S Steel, ‘The Locality Principle In Private Nuisance’

Abstract: This article considers the principle in the tort of private nuisance that the level of protection to which one is entitled from certain kinds of interference is sensitive to one’s locality. It argues that the principle can be partly justified by the different costs of avoiding an interference which different localities create. However, it […]

JW Neyers, ‘Reconceptualising The Tort Of Public Nuisance’

Abstract: This article seeks to demonstrate three things. First, the orthodox conceptualisation of the tort of public nuisance is flawed, since: (1) it is in violation of basic private law principles related to privity and the actionability of crimes and (2) if taken seriously would mandate that the tort be abolished (as torts protect private […]

John Rappaport, ‘How Private Insurers Regulate Public Police’

Abstract: A string of deadly police-citizen encounters, made public on an unprecedented scale, has thrust American policing into the crucible of political conflict. New social movements have taken to the streets, while legislators have introduced a wide array of reform proposals. Optimism is elusive, however, as the police are notoriously resistant to change. Yet one […]

‘The Case Against National Medical Malpractice Reform’

“Nobody wants medical tort reform more than me. As a surgeon in private practice for over 30 years, I feel the sting of exorbitant malpractice insurance premiums. I hear tales in the hospital doctors’ lounge of frivolous lawsuits, of suits brought by ungrateful and misinformed patients, of doctors torn between feelings of compassion and fear […]

‘European Perspectives on an Emergent Law of Robotics’

“As robots, machine learning, and intelligent automation shape ever more areas of our lives and jobs, many assume that, because machines have been around since centuries, laws applicable to robots will just require some well-adjusted analogies. But they would be wrong, and the need for a Law of Robotics is becoming increasingly more evident. Yet, […]

Eric Descheemaeker, ‘Unravelling Harms in Tort Law’

Abstract: This article seeks to contrast two ways of articulating the harms that tort law aims to redress. On a dominant, ‘bipolar’, model, the wrong (breach of duty/violation of a right) is contrasted with the losses that flow from it. These losses are either pecuniary or not, in which case they will boil down to […]