Private Law Theory

… I ground this exercise in my understanding of tort as (again, inter many alia) an application of force by the government. Though always more than a means to some larger end, tort is an instrument that law applies to the task of anticipating dangers and mitigating their consequences. The renewing that centers this Article examines a narrow topic within tort, semen products liability, as a source of improvement in two senses. One improvement addresses semen: Products liability causes a substance to become safer and more conducive to human wellbeing. The other improvement applies to products liability as doctrine: I assemble reasons to agree that products liability is a good thing in itself …

Anita Bernstein, Renewing Products Liability with Semen, 73 DePaul Law Review 211 (2024).