Category Archives: Causation

Mazin Ezzeldin, ‘Adequacy and Foreseeability of the Financial Damage Analysis in International Arbitration’

ABSTRACT The financial damage analysis has always been problematic in the world of international dispute resolution, this issue is one of the most intricate questions in arbitration, and it became more sophisticated during the era of COVID-19, and will continue to be even after this pandemic is over. And this explains why the arbitrators usually […]

Lawrence Kessler, ‘Alternative Liability in Litigation Malpractice Actions: Eradicating the Last Resort of Scoundrels’

ABSTRACT The legal malpractice tort, however, has managed to withstand the winds of legal change. Particularly crucial has been the refusal to apply alternative causation doctrines. The refusal to apply causation doctrines that have been embraced in other areas has significant social effects. As a result, the consumers of legal services receive less protection from […]

Alexandra Lahav, ‘Chancy Causation in Tort’

ABSTRACT This Essay demonstrates that the causation inquiry in tort law, at least where causation is chancy, is largely a normative inquiry. Chancy causation is where the cause of an event can only be attributed probabilistically. Contrary to the understanding popular in both tort theory and doctrine, scientific fact plays only a minimal role in […]

Sergio Campos, ‘The Commonality of Causation’

ABSTRACT This essay, a version of which was given as the inaugural Goldman Endowed Lecture at Ohio Northern University School of Law, discusses the treatment of causation in class actions, multidistrict litigation, and similar collective litigation. Causation is a ubiquitous element of civil claims, and typically it is treated as an individual element of a […]

Eric Johnson, ‘Dividing Risks’

ABSTRACT The central question in the law of proximate cause is how to divide risks into parts. The leading test of proximate cause, the foreseeability test, requires the jury to decide whether the ‘general type’ of outcome that occurred was too improbable to be foreseeable. Before the jury can address this question, though, it has […]

Richard Wright, ‘Karl Engisch’s Die Kausalität als Merkmal der trafrechtlichen Tatbestände [Causality as a Characteristic of Criminal Law] Part II English Translation’

ABSTRACT This work by Karl Engisch was, as far as I am aware, the first to reject the traditional but-for / sine-qua-non test as the exclusive test of factual causation, or even as a proper test when employed, as usually assumed, through hypothetical analysis of what might otherwise have occurred rather than real world analysis […]

Sergio Campos, ‘The Commonality of Causation’

ABSTRACT This essay, a version of which was given as the inaugural Goldman Endowed Lecture at Ohio Northern University School of Law, discusses the treatment of causation in class actions, multidistrict litigation, and similar collective litigation. Causation is a ubiquitous element of civil claims, and typically it is treated as an individual element of a […]

Schauer and Spellman, ‘Probabilistic Causation in the Law’

ABSTRACT This paper challenges the widespread view that the legal system’s conception of causation is largely deterministic and token-level, that view stemming from the law’s principal focus on assigning ex post responsibility for past acts. We argue, in opposition to this view, that the probabilistic, ex ante, and type-level conceptions of causation that dominate the […]

Dan Burk, ‘Thirty-Six Views of Copyright Authorship, By Jackson Pollock’

ABSTRACT Humans have long used a variety of tools to convey artistic expression. Perhaps the most recent and mysterious artistic tools are machine learning or ‘artificially intelligent’ (AI) computer systems that have captured popular attention. When taken in isolation, these devices seem to operate autonomously, giving the illusion that there is no author behind their […]

Madeleine Morgan, ‘Revitalizing Louisiana’s Lost Chance Doctrine: Burchfield v Wright Sheds Light on the Need for Medical Expenses’

INTRODUCTION … Part I of this Comment provides background on relevant law regarding the lost chance doctrine and will trace the lost chance doctrine’s development in the United States and Louisiana. Part II articulates Louisiana’s approach to lost chance of a better outcome damages and will present the case Burchfield v Wright. Part III offers […]