Monthly Archives: July, 2015

‘Theorizing Damage Through Reproductive Torts’

Nicky Priaulx, Injuries That Matter: Manufacturing Damage in Negligence, available at BePress. Of the five basic elements of the negligence cause of action (duty, breach, cause-in-fact, proximate cause, damage), the concept of ‘damage’ (sometimes referred to as ‘injury’ or ‘harm’) has probably received the least attention from torts scholars and certainly commands less time in […]

Conference: The State and Future of Civil Jury Trials, NYU School of Law, 11 September 2015

The Civil Jury Project is delighted to invite you to its inaugural conference, The State and Future of Civil Jury Trials on Friday, September 11, 2015. The conference will be held at NYU School of Law, Lipton Hall located at 108 West Third Street, New York, NY 10012. The new Civil Jury Project at NYU […]

Marianne Ojo, ‘Decentralisation and the Evolution of Common Law’

Abstract: This paper is aimed at highlighting how common law has evolved over the centuries, namely through the flexibility accorded to judicial precedents, as well as through the evolutionary nature evidenced in the processes and rules applied in statutory interpretation. In addition to illustrating how informational asymmetries can be mitigated through de-centralisation, facilitated with courts […]

Conference: General Principles of Law: European and Comparative Perspectives: Celebrating 20 Years of the Institute of European and Comparative Law: Oxford, 25-26 September 2015

‘General principles of law’ are one of the most visible areas of intersection between EU law and comparative law: as long as they are understood as ‘the general principles common to the laws of the Member States’ (Art 340(2) TFEU) their fleshing out requires careful comparative preparatory work. True, more often than not, the general […]

‘Causation and Care in Tort Law’

“Causation is a topic that has generated a lot of interest from torts theorists. Law and economics has been a bit late to the party, but at least they have brought some interesting findings with them. The innovation offered by law and economics is a set of predictions about the incentive effects of causation rules. […]

Schwartz and Silverman, ‘The Rise of “Empty Suit” Litigation. Where Should Tort Law Draw the Line?’

Introduction: … This Article focuses on four variants of no-injury theories that are either emerging or experiencing a resurgence in the courts: (1) claims for recovery of emotional harm; (2) liability for the estimated costs of medical monitoring following exposure to a potentially harmful substance absent a physical injury; (3) class action litigation claiming that […]

Richard Epstein, ‘Property Rights in Water, Spectrum, and Minerals’

Abstract: This essay compares the system of property rights that are in use for land, water, minerals, and spectrum. Each of these systems of property rights is intended to coordinate the activities of large numbers of individuals who are unable to contract among themselves for an arrangement that secures optimal resource use. The solutions that […]

Conference: 30 Years of European Product Liability Law: Faculty of Law, Administration and Economics, University of Wrocław

“… We are confident that the Conference will be an excellent opportunity to discuss whether regulation presently in force in European Union Member States concerning liability for damage caused by defective products, as implemented under Council Directive 85/374/EEC, remains, after 30 years, an adequate legal response to the phenomenon of products brought to market that […]

Genevieve Grant, ‘Claiming Justice in Injury Law’

Abstract: Contemporary personal injury law lives and breathes in the bureaucratic processing of compensation claims. Little empirical legal scholarship has explored claimant experiences in Australian compensation systems, despite their central role in access to justice for the injured. This article explores claimant experiences in compensation processes using data from a large longitudinal cohort study of […]

John Goldberg, ‘Inexcusable Wrongs’

Abstract: Tort law has little patience for excuses. Criminal law is more forgiving. It recognizes complete excuses such as duress and provocation, as well as excuses that temper punishment. Excuses are also commonplace in ordinary morality. Like criminal law and morality, tort law seems concerned with holding persons accountable for their wrongs, and excuses seem […]