Monthly Archives: December, 2015

‘Inside Ralph Nader’s American Museum of Tort Law’

“The American Museum of Tort Law, which recently opened in Ralph Nader’s hometown of Winsted, Connecticut, features exhibits on groundbreaking civil cases on auto safety, tobacco, asbestos, and many other issues. NewsHour’s Phil Hirschkorn visited the museum to speak with Nader about his legacy and how the American legal landscape has evolved.” (video) [PBS NewsHour, […]

John Witte, ‘“The Law Written on the Heart”: Natural Law and Equity in Early Lutheran Thought’

Abstract: This Article analyzes the transformation of Western legal philosophy in the sixteenth-century Lutheran Reformation, with a focus on the legal thought of theologian Martin Luther, moral philosopher Philip Melanchthon, and legal theorist Johann Oldendorp. Starting with Luther’s two kingdoms theory, Melanchton developed an intricate theory of natural law based not only on the law […]

Rothstein and Rothstein, ‘How Genetics Might Affect Real Property Rights’

Abstract: New developments in genetics could affect a variety of real property rights. Mortgage lenders, mortgage insurers, real estate sellers, senior living centers, retirement communities, or other parties in residential real estate transactions begin requiring predictive genetic information as part of the application process. One likely use would be by retirement communities to learn an […]

Chair in Private Law, King’s College London – The Dickson Poon School of Law

The School is seeking to appoint an outstanding candidate to the position of Chair in Private Law, with a strong research profile and teaching interests in the Law of Obligations. The successful candidate will be expected to undertake world-leading research and to contribute strongly to teaching at the School, particularly in the law of tort […]

‘Causation Theory and Tort Law: An Update’

“Causation has generated a great deal of theoretical writing in tort law. The most recent issue of the Journal of Tort Law (volume 7, Issue 1-2, Jan 2014, published online 10/31/2015) includes a three-article mini-symposium on the ‘economics of causation’. The JTL symposium authors are me, Mark Grady, and Richard Wright. The contributions from Grady […]

Just Published: Towfigh and Petersen (eds), Economic Methods for Lawyers

Responding to the growing importance of economic reasoning in legal scholarship, this innovative work provides an essential introduction to the economic tools, which can usefully be employed in legal reasoning. It is geared specifically towards those without a great deal of exposure to economic thinking and provides law students, legal scholars and practitioners with a […]

‘What Happens if We Call Discrimination a Tort?’

Sandra Sperino, Let’s Pretend Discrimination is a Tort, 75 Ohio State Law Journal 1107 (2014). Sandra Sperino’s Let’s Pretend Discrimination is a Tort, 75 Ohio State Law Journal 1107 (2014), argues that if the United States Supreme Court is really serious about treating Title VII and other federal anti-discrimination laws as nothing more than extensions […]

‘Torts: A Love/Hate Relationship’

A conversation with four Fordham Law professors about tort law. Americans believe that wrongdoers must be held accountable, and yet public conversation is now rife with complaints about tort law gone wild. Why does America have a love/hate relationship with legal redress? To find out, Fordham Lawyer sat down recently with four torts experts: Professor […]

Andrew Cohen, ‘Corrective vs Distributive Justice: the Case of Apologies’

Abstract: This paper considers the relation of corrective to distributive justice. I discuss the shortfalls of one sort of account that holds these are independent domains of justice. To support a more modest claim that these are sometimes independent domains of justice, I focus instead on the case of apologies. Apologies are sometimes among the […]

Honni Van Rijswijk, ‘Mabel Hannah’s Justice: A Contextual Re-Reading of Donoghue v. Stevenson

Abstract: In Donoghue v Stevenson, the House of Lords established negligence as an independent tort and reformulated the responsibility owed by one person to another in civil society. The accident of Mabel Hannah finding a snail in her ginger beer became the occasion for the law to disrupt the (then) normal practices of manufacture specifically, […]