Monthly Archives: August, 2014

Nicholas McBride, ‘Tort Law and Human Flourishing’

Abstract: This is the second in a loose ‘trilogy’ of three papers that I presented at successive Obligations conferences: Obligations V (at the University of Oxford, in 2010, on the theme of ‘Rights and Private Law’), Obligations VI (at the University of Western Ontario, in 2012, on the theme of ‘Challenging Orthodoxy’), and Obligations VII […]

Nicholas McBride, ‘Rights and the Basis of Tort Law’

Abstract: This is the first in a loose ‘trilogy’ of three papers that I presented at successive Obligations conferences: Obligations V (at the University of Oxford, in 2010, on the theme of ‘Rights and Private Law’), Obligations VI (at the University of Western Ontario, in 2012, on the theme of ‘Challenging Orthodoxy’), and Obligations VII […]

Charles Palmer Robert, ‘Common law environmental protection: the future of private nuisance, Part I’

Abstract: … This article aims to assess the role of private nuisance as a common law tool for environmental protection, independent of the wider regulatory controls. It evaluates specific areas of the tort that are theoretically unresolved in order to ascertain the potential future role it may play before highlighting the capacity for injunctions to […]

Adam Slavny, ‘Nonreciprocity and the Moral Basis of Liability to Compensate’

Abstract: This article offers a normative critique of the view, proposed by George Fletcher, that holding one person liable to compensate another for an injury she has caused is justified if it results from a nonreciprocal risk imposition. I briefly attempt to ascertain the moral underpinning of nonreciprocity, considering the concepts of fairness, standing and […]

Nicholas McBride, ‘Private Law at the Crossroads: Is There a Right Way Forward?’

Abstract: This paper forms the third part of a loose ‘trilogy’ of papers presented at successive Obligations conferences. In this paper I consider three different approaches that the courts could take in deciding a ‘crossroads’ case where the law is uncertain or unsettled: they could pursue the way of integrity (developing the law in a […]

Rodwin and Silverman, ‘Why the Medical Malpractice Crisis Persists Even When Malpractice Insurance Premiums Fall’

Abstract: Concerns that medical malpractice premiums continue to grow unabated has led to numerous proposals to change liability rules and reform tort laws. Not only would proposed legislation make lawsuits more difficult for plaintiffs, but the bills do not address the real source of the problems they intend to solve. Premiums are not rising as […]

Eberhard Feess, ‘On the interplay of public and private law enforcement with multiple victims’

Abstract: We analyze the interplay of public and private law enforcement when an infringement affects multiple parties, and where detection by just one party is sufficient to avoid the harm. Detection causes a positive externality on other victims, so that private effort incentives are inefficiently low. The public agency has might reduce its own inspection […]

Save the Dates: Knapp Conference & KCON 10

“The University of California Hastings College of the Law is sponsoring a symposium to honor Professor Charles L Knapp on the completion of his 50th year of law teaching. (He began his teaching career at NYU School of Law in fall 1964.) The day-long program will take place on October 24, 2014 and will include […]

Guido Calabresi, ‘A Broader View of the Cathedral: The Significance of the Liability Rule, Correcting a Misapprehension’

Abstract: Recent years have seen a resurgence of Torts viewed as a purely private legal arrangement: whether described in terms of compensatory justice — the right of an injured party to be made whole — or of redress for civil wrongs — the right of an injured person to get back at the one who […]

Alex Long, ‘The Forgotten Role of Consent in Defamation and Employment Reference Cases’

Abstract: As has been well documented, the fear of defamation suits and related claims leads many employers to refuse to provide meaningful employment references. However, an employer who provides a negative reference concerning an employee enjoys a privilege in an ensuing defamation action if the employee has consented to the release of information concerning the […]