At JOTWELL, Andrew Halpin reviews Andrew Gold & Thilo Kuntz’s Bridges Between Realism and Formalism.
Latest from TortsProf Blog
Jaeger on a Two-System Theory of Negligence
Christopher Jaeger has posted to SSRN A Two-System Theory of Negligence. The abstract provides:
Tort law’s broad reliance on the ordinary reasonable person standard blurs meaningful distinctions between different types of negligence cases and between the different criteria used
WI: Unborn Child Statutorily Entitled to Informed Consent
Brekke v. Midwest Med. Ins. Co., 2026 WI 29 ¶¶ 1-2, 4, 42, 421 Wis. 2d 381, 388, 389, 409, 37 N.W.3d 515, 518, 519, 528 (2026) (interpreting statute to hold that an unborn child, born via a surrogate, is
IA: Certificate of Merit Requirement Not Applicable to Informed Consent Cases
Lofgren v. Simpson, 36 N.W.3d 34, 42 (Iowa 2026) (holding that expert’s “certificate of merit,” ordinarily required in medical negligence claims, does not apply to informed consent cases).
Galligan on Death in Admiralty
Tom Galligan has posted to SSRN Death in Admiralty. The abstract provides:
This is an article about legal history: the development of the law governing recovery for wrongful death in American admiralty law. Simultaneously, because the discussion spans the
Meta Agrees to Pay Up to $17B and Enact Safety Reforms to Settle States’ Claims
In the wake of several recent verdicts against it, Meta agreed to settle a case brought by numerous states that accused it of designing social media to be addictive. Meta agreed to pay up to $17 billion dollars and institute
Keating Addresses Compensation for Victims of LA’s Lineage Fire
In late June, a cold-storage facility in the Boyle Heights neigborhood of LA caught fire. A recent survey found that hundreds of residents suffered health problems, including respiratory infections and eye disorders. Air Talk on NPR interviewed Greg Keating on
White on Co-Authoring with Abraham
Ted White has posted to SSRN Working with Ken. The abstract provides:
This Article is a contribution to a symposium in the Insurance Law Review accompanying a festschrift for Kenneth Abraham that was held on June 5, 2026. It
MA: Section 230 Immunity Not Applicable to Allegations of Platform Design to Create Compulsive Use by Children
Commonwealth v. Meta Platforms, Inc., 497 Mass. 384, 386, 404, 409, 277 N.E.3d 166, 170, 183, 187 (2026) (upholding denial of motion to dismiss both statutory unfair trade practices act and public nuisance claims because of immunity created by §230
Abraham & Baker on Improving Homeowners Insurance
Ken Abraham & Tom Baker have posted to SSRN Five Sober Prescriptions for Homeowners Insurance. The abstract provides:
In this Article, we offer five sober prescriptions for homeowners insurance. The prescriptions have the virtue of being capable of implementation,