“Elizabeth G Porter, Tort Liability in the Age of the Helicopter Parent, 64 Ala. L. Rev. 533 (2013). Recently, there has been a flowering of family law scholarship critically examining what Janet Halley calls ‘family law exceptionalism’, the tendency in the law to treat the family as a special realm wholly divorced from market relations and to steer family matters, regardless of their economic nature, into family law. Although she never uses the term ‘family law exceptionalism’, Elizabeth Porter’s new article on parental immunity and negligent supervision cases follows in this vein. The article is an indictment of what she regards as the exceptionally favorable treatment of parents under current tort law. Professor Porter argues for ending the special rules favoring parents, applying ordinary negligence principles in parental liability cases, and ultimately sending more cases to the jury …” (more)
[JOTWELL, 12 July]
First posted 2013-07-12 12:51:13
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